Spouse Visa UK Successful! Income, Subsisting Relation Issues involved
(a)the person has a genuine and subsisting parental relationship with a qualifying child, and Top tips for a Parent of a British Child Visa. Are you looking for help in preparing a UK Partner visa application? that they were not satisfied that the relationship was genuine and subsisting, Blake J, the then President of the Upper Tribunal's Immigration and Asylum. Recent Home Office guidance on when parents can come to the UK to a It is possible to have a genuine and subsisting parental relationship.
Proof of Genuine and Subsisting Relationship for Spouse Visa
There must also be some element of direct parental care in order to establish the four discrete elements of the provision: The level of parental care is obviously limited, but A is only three years old — the care that she currently requires is much more practical and immediate — and SR provides this on a regular basis, albeit for a limited period time and to a much lesser extent than her mother.
Reasonableness of return A genuine and subsisting parental relationship is not enough on its own. To meet the requirements of paragraph EX.
The Supreme Court may soon overrule this — judgment is awaited. In other words, the parent can only remain in the UK if there is no-one else that can care for their child and the child would therefore be forced to leave. If, in practice, the child would not need to leave perhaps because the other parent is British and can provide care then the Home Office says there is no need to allow the foreign parent to stay.
That approach is firmly rejected as … an untenable construction of the plain and ordinary meaning of EX.
The question is contained in primary legislation and: Self-evidently, section B 6 is engaged whether the child will or will not in fact or practice leave the UK. The official headnote 1. The Appellant was granted contact with his child pursuant to a court order made in September and that the child would live primarily with the mother.
The Appellant had contact with his child 3 hours every fortnight.
There are two potential settlement routes that parents can apply under depending on their circumstances. The 5-year family member route as a parent is for Applicants who are in a genuine and subsisting relationship with the other parent of their child. What was the judgement of SR and what will the impact on Applications based on Parental Relationship?
Upper Tribunal tackles the law on the parent/child relationship
However, consideration was also given to section B 6 of the Act. Parents who have strong ties to their child and key involvement in their lives will find it easier to satisfy the requirements to come to or remain in the UK on the basis of being a parent of a British child or child present and settled in the UK than those who have less involvement.
It is important to contact Immigration professionals, such as our team with fully qualified Immigration Solicitors before submitting an application to the Home Office. This is to ensure all of the correct documentation is submitted in order to demonstrate all of the necessary requirements are met, in order to give applications the greatest chance of success. Access the full judgement here: It is possible to instruct an immigration and visa legal representative to submit an application on the basis of a parental relationship.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence.