Children can join or remain with their parent(s) or qualifying relatives in the UK under several immigration routes, depending on the immigration status of the parent or relative. While the term “Child Visa” is widely used, there is no single visa formally called this in the UK Immigration Rules. Instead, eligibility and requirements are set out across Part 8 of the Immigration Rules, Appendix FM, and the dependant provisions of other specific visa categories.
This guide explains the main application routes for children under Part 8 of the Immigration Rules, how they differ from Appendix FM and dependant routes, the eligibility criteria, and the requirements for accommodation, maintenance, and supporting evidence.
Section A: Understanding the Different Routes for Children
Children may qualify for entry to, or remain in, the UK under different legal provisions depending on the circumstances of their parent(s) or relative. Identifying the correct route is critical for meeting the eligibility rules and avoiding refusal.
1. No Single “Child Visa” Category
The Immigration Rules do not have a visa formally called a “Child Visa”. Instead, applications are made under:
- Part 8 of the Immigration Rules (paragraphs 297–304) – for children joining parents/relatives who are settled or on a route to settlement.
- Appendix FM – for children of parents granted leave as a Partner or Parent.
- Dependant provisions in other Appendices – for children of parents in work, study, or other immigration categories.
2. Which Route Applies?
- Appendix FM – Use when the parent has or is being granted leave as a Partner or Parent under Appendix FM.
- Dependant Child in another route – Use when the parent has leave under a work, study, or other immigration category, such as Skilled Worker, Global Talent, or Student.
- Part 8 – Use when the parent or qualifying relative is settled, being admitted for settlement, or on a route to settlement, but not covered by Appendix FM or a dependant category.
- No visa needed – If the child is British, holds ILR, or has settled status.
Section Summary
“Child Visa” is a broad term covering multiple legal routes. The correct route depends on the parent or relative’s immigration status in the UK, and applying under the wrong category risks refusal.
Section B: Part 8 Routes – Core Categories
Part 8 of the Immigration Rules covers two primary scenarios for child applicants: (1) joining a parent who has limited leave to enter or remain on a route to settlement, and (2) joining a parent or qualifying relative who is present and settled, or being admitted for settlement. “Qualifying relative” is defined in the Rules and may include grandparents, siblings, uncles, or aunts who meet specific requirements. Applicants must also not fall for refusal under the general grounds in Part 9 of the Immigration Rules.
1. Child of a Parent with Limited Leave to Enter or Remain (Paragraph 301)
This route is for a child applying in line with a parent who has, or is being granted, limited leave to enter or remain on a route to settlement, other than as a Partner or Parent under Appendix FM or as a dependant under another route.
- Age: Under 18 at the date of application.
- Family status: Must not have formed an independent family unit.
- Dependency: Must not be leading an independent life.
- Parental scenarios (one must apply):
- One parent is settled or being admitted for settlement, and the other has limited leave on a settlement route; or
- One parent has limited leave on a settlement route and has sole responsibility for the child’s upbringing (an “all or nothing” test); or
- Serious and compelling considerations make exclusion undesirable, with suitable care arrangements in place.
- Financial: Meets the adequate maintenance requirement without recourse to public funds.
- Accommodation: Meets the accommodation requirement without recourse to public funds.
2. Child of a Parent or Relative Present and Settled, or Being Admitted for Settlement (Paragraph 297)
This route is for a child applying for indefinite leave to enter with a parent or qualifying relative who is present and settled in the UK, or is being admitted for settlement, and not under Appendix FM or another dependant route.
- Age: Under 18 at the date of application.
- Family status: Must not have formed an independent family unit.
- Dependency: Must not be leading an independent life.
- Parental/relative scenarios (one must apply):
- Both parents are present and settled; or
- Both parents are being admitted for settlement at the same time; or
- One parent is settled and the other is being admitted for settlement; or
- One parent is settled and the other is deceased; or
- One parent is settled and has sole responsibility for the child’s upbringing; or
- One parent or a qualifying relative is settled and there are serious and compelling considerations making exclusion undesirable, with suitable care arrangements in place.
- Financial: Meets the adequate maintenance requirement without recourse to public funds.
- Accommodation: Meets the accommodation requirement without recourse to public funds.
Section Summary
Part 8 routes apply where the sponsoring adult is settled, being admitted for settlement, or on a settlement route but not covered by Appendix FM or other dependant provisions. Paragraph 301 applies when the sponsoring parent has limited leave on a settlement route; paragraph 297 applies when the sponsoring parent or relative is settled (or being admitted for settlement). In both cases, the child must be under 18, dependent, and meet the financial and accommodation requirements.
Section C: Legal Definitions and Requirements
Applications under Part 8 succeed or fail on whether the child meets specific legal tests and evidential standards. The Home Office will assess dependency, family formation, sole responsibility, and whether serious and compelling considerations justify admission, in addition to the general grounds for refusal in Part 9.
1. Independent Family Unit
A child must not have formed an independent family unit. In practice, this means the child is not living as part of another household with a spouse, civil partner, fiancé(e), proposed civil partner, or unmarried partner.
2. Not Leading an Independent Life
The child should be financially and emotionally dependent on the sponsoring parent(s) or qualifying relative, typically residing with them (allowing for full-time education away from home) and not engaged in full‑time employment. Evidence should show ongoing dependency rather than intermittent support.
3. Sole Responsibility
Where relied upon, sole responsibility requires that one parent has exclusive decision‑making authority for the child’s upbringing. This is an “all or nothing” test: shared responsibility will not meet the requirement. Decision‑making, daily care, schooling, healthcare, finances, and living arrangements should be evidenced through consistent documentation.
4. Serious and Compelling Considerations
“Serious and compelling family or other considerations” are factors that make the child’s exclusion undesirable. The assessment engages the child’s best interests under Section 55 of the Borders, Citizenship and Immigration Act 2009. Relevant material can include welfare, safety, neglect or abuse risk, medical or educational needs, and the broader social or economic environment. Suitable care arrangements in the UK must also be shown.
Section Summary
Part 8 applications turn on dependency, the absence of an independent family unit or independent life, and—where applicable—robust proof of sole responsibility or serious and compelling considerations. Well‑organised, consistent evidence is critical to meeting these tests.
Section D: Financial and Accommodation Requirements
Part 8 applicants must satisfy the Home Office that the child will be adequately maintained and accommodated in the UK without recourse to public funds. This applies whether the sponsoring adult is settled, being admitted for settlement, or on a settlement route other than Appendix FM or another dependant route.
1. Adequate Maintenance
The Home Office assesses adequate maintenance using the formula: A − B ≥ C, where:
- A = weekly net income (including eligible non-employment income and certain savings)
- B = weekly accommodation costs
- C = the level of Income Support for a family of the same size
The calculation can also use cash savings, divided by the number of weeks of limited leave granted, to establish an equivalent weekly figure. All financial evidence must comply with the requirements of Appendix FM-SE where applicable.
2. Accommodation
Accommodation must be owned or occupied exclusively by the family, without overcrowding, and compliant with public health regulations. The statutory overcrowding test under the Housing Act 1985 will be applied. Evidence may include title deeds, tenancy agreements, and local authority or property inspection reports.
3. Application Fees and Processing Times
As of February 2025, the Home Office application fees are:
- Outside the UK: £1,889
- Inside the UK: £1,287
These fees are per applicant and exclude the Immigration Health Surcharge (IHS) where payable. Standard overseas processing can take up to 24 weeks, with optional priority services in some locations for an additional fee.
Section Summary
Financial and accommodation requirements are a central part of the decision-making process. Applicants should provide clear, specified evidence demonstrating that income and housing meet Home Office standards, with no reliance on public funds.
FAQs – UK Child Visa (Part 8 Routes)
1. Is there a specific visa called a “Child Visa”?
No. “Child Visa” is an informal term used to describe several immigration routes for children under the UK Immigration Rules, including provisions in Part 8, Appendix FM, and dependant provisions in other visa categories.
2. Can my child apply if I have leave as a Partner or Parent under Appendix FM?
No. In that case, your child should apply under the “Child of a Partner or Parent” route in Appendix FM, not under Part 8.
3. What if I am in the UK as a Skilled Worker or on another work or study visa?
Your child should apply as a dependant under the relevant visa category (e.g., Skilled Worker Dependant, Student Dependant) instead of using Part 8 routes.
4. Does my child need to meet an English language requirement?
No. Children applying under Part 8 do not have to meet an English language requirement.
5. What counts as “sole responsibility”?
Sole responsibility means one parent has exclusive decision-making authority for the child’s upbringing. It is an “all or nothing” test — joint decision-making will not satisfy the requirement.
6. How is “serious and compelling” defined?
It refers to circumstances making the child’s exclusion from the UK undesirable, assessed with reference to the child’s best interests under Section 55 of the Borders, Citizenship and Immigration Act 2009. Welfare, safety, health, education, and family unity are relevant considerations.
7. Can adopted children apply under Part 8?
Yes, if the adoption is legally recognised under UK law and, where relevant, complies with the Hague Convention on Intercountry Adoption. The adoption must be full and final, with the adopter(s) having full parental responsibility.
8. How long does the process take?
Standard overseas applications can take up to 24 weeks. Some locations offer priority or super priority services for an additional fee.
9. Can I apply for my child if they are over 18?
In limited circumstances, yes — but the child must have been granted leave in line with you before turning 18 and must remain dependent and not leading an independent life. These applications are fact-sensitive and should be supported with strong evidence.
10. What happens if I apply under the wrong route?
The application is likely to be refused. Correct route selection is critical, as requirements and eligibility differ between Appendix FM, Part 8, and dependant categories in other visa types.
Conclusion
There is no single visa officially called a “Child Visa” in UK law. Instead, applications for children fall across Part 8 of the Immigration Rules, Appendix FM for children of Partners/Parents, and dependant provisions in other visa categories. Selecting the correct legal route is the first and most important step, as eligibility tests and evidence requirements differ between routes.
Under Part 8, decision-makers assess whether the child is under 18, has not formed an independent family unit, is not leading an independent life, and meets the family scenarios in paragraphs 297 or 301, alongside adequate maintenance and accommodation without recourse to public funds. Where relied upon, sole responsibility is an all‑or‑nothing test, and serious and compelling considerations must be evidenced with the child’s best interests at the forefront under Section 55.
Strong, consistent documentary evidence is critical. Applicants should map their facts to the precise Rule they rely on, organise financial and housing proof to the Home Office’s specified standards, and confirm up‑to‑date fees and processing availability. Complex cases—especially those involving sole responsibility, adoption recognition, or serious and compelling grounds—benefit from specialist legal advice.
Section Summary
Part 8 remains the principal framework for children joining a settled or settling parent or relative outside Appendix FM or other dependant routes. Success depends on choosing the right route, meeting the relationship and dependency tests, and proving adequate maintenance and accommodation with clear evidence.
Glossary
| Term | Definition |
|---|---|
| Part 8 of the Immigration Rules | UK Immigration Rules section covering family members, including children joining settled or settling parents/relatives, excluding Appendix FM and other dependant categories. |
| Appendix FM | Immigration Rules section covering family members of British citizens, settled persons, and certain refugees or people with humanitarian protection, including children of Partners/Parents. |
| Dependent Child | A child under UK immigration law who is financially, emotionally, and residentially dependent on their parent(s) or guardian, with no independent family unit or independent life. |
| Sole Responsibility | An all-or-nothing test where one parent has exclusive responsibility for the child’s upbringing and decision-making, with no shared responsibility with the other parent. |
| Serious and Compelling Considerations | Circumstances that make exclusion of the child undesirable, assessed with reference to the child’s best interests, including welfare, safety, and care arrangements. |
| Adequate Maintenance | The Home Office test to ensure a family’s income, after accommodation costs, meets or exceeds the equivalent level of Income Support for a family of the same size. |
| Accommodation Requirement | Proof that the child will live in housing that is owned or occupied exclusively by the family, is not overcrowded, and meets public health standards. |
| Section 55 Duty | The statutory duty under the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children in UK immigration decisions. |
Useful Links
| Resource | Link |
|---|---|
| UK Immigration Rules – Part 8 | Visit GOV.UK |
| UK Immigration Rules – Appendix FM | Visit GOV.UK |
| Appendix FM-SE – Specified Evidence | Visit GOV.UK |
| Application Fees | Visit GOV.UK |
| Visa Decision Waiting Times | Visit GOV.UK |
| Section 55 Guidance | Visit GOV.UK |
| DavidsonMorris – Child Student Visa | Visit DavidsonMorris |
| DavidsonMorris – Standard Visitor Visa | Visit DavidsonMorris |
| DavidsonMorris – Child Dependant Visa UK | Visit DavidsonMorris |
