A Guide to Child Visa Applications Under Appendix FM
In this article Leena Chouhan, Head of Immigration at Taylor Hampton Solicitors, provides an update on child visa applications
Children applying to enter or stay in the UK under Appendix FM must meet specific eligibility requirements. This route applies when a child’s parent is applying or has already been granted a visa under Appendix FM. However, if the child is British or has settled status, they do not need to apply for entry clearance.
When Does Appendix FM Apply?
Appendix FM is used when a child is applying to join a parent who is already in the UK or applying under this route. If the parent has a different type of visa, other parts of the Immigration Rules may apply, such as:
- Paragraph 297: For children seeking indefinite leave to enter (ILE) to join 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: For children born in the UK but not British.
- Appendix Adoption: For adopted children.
Other rules apply for children accompanying a parent on a work visa, such as the Skilled Worker route. Understanding which category applies is crucial for submitting the correct application.
How to Apply
A well-prepared application from a lawyer who is expert in immigration explaining the case and specifically how your circumstances relate to the legal requirements, is vital. The expertise of a lawyer can strengthen the chances of approval, particularly for complex cases.
If a child applies at the same time as their parent, both applications are processed together. If applying separately or from outside the UK, the process involves several key steps:
- Online Application: Your lawyer will complete the application for you and the fee must be paid at the same time. At the time of writing, the fee for entry clearance is £1,846.
- Immigration Health Surcharge (IHS): An additional fee of £776 per year of the visa applies, usually totaling £2,328.
- Biometric Appointment: The child must provide fingerprints and a photograph at a visa application centre.
- Document Submission: Your lawyer will explain what supporting documents are required and is experience in submitting these online and can assist with document gathering and scanning.
Using a professional will increase your chances of success and make the process run smoothly and in timely fashion.
Eligibility Requirements
To qualify under Appendix FM, the child must:
- Be under 18.
- Not be married or living independently.
- Have a parent in the UK with limited leave under Appendix FM.
- Have a parent who meets the financial and accommodation requirements.
Additionally, one of the following must be true:
- The child’s other parent is also applying or already has 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 be excluded from the UK.
The financial requirement usually means the parent must earn at least £18,600 annually, plus additional amounts for each child. Adequate housing must also be available without reliance on public funds.
Final Thoughts and Helpline:
If an application does not meet all the requirements, the Home Office may still consider exceptional circumstances, especially if refusing the visa would negatively impact the child’s welfare. The decision-maker must take into account the best interests of the child, in line with Section 55 of the Borders, Citizenship and Immigration Act 2009.
To maximise the chances of success, applicants should ensure all documentation is in order, provide strong evidence, and seek legal guidance if necessary. A well-prepared application can help secure a child’s right to join their parent in the UK under Appendix FM.
For more information on our Immigration Services Contact Leena Chouhan on 00442074275972 or Greg Veal at Emigrate-to-Australia on 00442074075290