In this update , Lena chouhan of Taylor Hampton solicitors explains the current situation regarding applications for children’s visas under the appendix FM process.
Understanding Child Visa Applications Under Appendix FM
Children applying to join or stay with a parent in the UK under Appendix FM must meet strict eligibility criteria. This route is for children whose parent is applying for, or already holds, a visa under Appendix FM. If the child is British or has settled status, they do not need to apply.
When Is Appendix FM Relevant?
Appendix FM applies when a child seeks to enter or remain in the UK with a parent under this category. If the parent holds a different type of visa, other immigration rules may be more suitable, such as:
- Paragraph 297: For indefinite leave to enter (ILE) when joining a settled parent.
- Paragraph 301: For children joining a parent with limited leave to remain.
- Paragraph 303A: For children of a fiancé(e) or proposed civil partner.
- Paragraphs 304-309: Covering children born in the UK without British nationality.
- Appendix Adoption: Relevant for adopted children.
If a parent is on a work visa, such as under the Skilled Worker route, different rules apply. Selecting the correct category ensures a smoother application process.
Application Process
Applying for a visa for a child requires due diligence and correct procedure. Leena explains that it is preferable to have an experienced immigration lawyer handle this for you. For instance, If a child applies alongside their parent then both applications are processed together. If they are applying separately or from overseas, key steps include:
- Online Application: Completing the form and paying the required fee. Currently, the entry clearance fee is £1,846.
- Immigration Health Surcharge (IHS): This must be paid in addition to the application fee and costs can be provided by your solicitor.
- Biometric Submission: The child must provide fingerprints and a photograph at an approved visa centre.
- Document Submission: Your solicitor can assist you in gathering and submitting the necessary supporting documents. These must be uploaded online or submitted via a paid scanning service.
A well-prepared application by an expert immigration lawyer who has drafted an appropriate covering letter can significantly improve approval chances, particularly for complex cases.
Eligibility Criteria
To qualify under Appendix FM, the child must:
- Be under 18 at the date of application.
- Not be married or leading an independent life.
- Have a parent in the UK with limited leave under Appendix FM.
- Have a parent who meets financial and accommodation requirements.
Additionally, one of the following must be true:
- The other parent is also applying or already holds a visa under Appendix FM.
- The parent in the UK has sole responsibility for the child.
- There are serious and compelling reasons why the child should not remain outside the UK.
The financial requirement generally requires the parent to earn at least £18,600 annually, with additional income thresholds for each dependent child. Adequate housing must also be available without relying on public funds.
Key Legal Considerations
There are many legal considerations to take into account. Your lawyer will be able to guide you through these and understand which apply and which do not. It is well to be properly prepared and to ensure you have sufficient time to submit these in order that the application is a success!
Processing Times and Appeals
Processing times vary based on complexity. Standard applications can take up to 12 weeks, while priority services may expedite the process. If an application is refused, there may be a right to appeal, particularly in cases involving human rights concerns. Seeking legal advice can help navigate appeal options effectively.
Conclusion
Even if a case does not meet every requirement, the Home Office may consider exceptional circumstances, especially if refusing the visa would harm the child’s well-being. Decision-makers must consider the best interests of the child, in line with Section 55 of the Borders, Citizenship and Immigration Act 2009.
To improve the chances of success, applicants should engage a professional to ensure thorough documentation, clear evidence, not to mention strong legal arguments where needed. A well-structured application can help secure a child’s right to live with their parent in the UK under Appendix FM.
For more information contact Leena Chouhan and Taylor Hampton Solicitors at leena.chouhan@taylorhampton.co.uk or call 00442074275970
