If My Child Is British, Can I Stay in the UK?

London: If you are a foreign national with a British child and have made the decision to move to the UK, it is vital that you understand the immigration options available to you. Under the UK’s immigration rules, the principal visa route for foreign nationals who want to join their family members is outlined in detail in Appendix FM (FM stands for ‘family members’). This popular immigration route is intended for anyone who wishes to come to the UK on the basis of their family life with a British national or a person who has settled permanently in the UK. In this article, we will explain how a foreign national with a British child can stay in the UK by applying through the family member (FM) route.

Can I live in the UK if I have a British child? It may be possible to move to the UK to live with and care for your British child assuming they are under 18 (on the day you submit your application to UK Visas and Immigration – UKVI) or if they were 18 when you first gained leave to remain in the UK and they do not live an independent life. The key requirement here is that the child must not be ‘independent’. In real terms, this means that they are not financially independent, not married, and do not have children.

The FM route does not just apply to children who are British citizens, it also applies to: • Irish citizens • Those who have settled in the UK – i.e., they have indefinite leave to remain, settled status for child, or permanent residence • EU, Switzerland, Norway, Iceland or Liechtenstein nationals with and pre-settled status under the EU Settlement Scheme (For this to apply, they must have started living in the UK before 1 January 2021). In addition, applicants under the FM route wishing to join their eligible child in the UK must meet the parental responsibility requirements, as follows.

Read more: Amar Ali, Reiss Edwards, EIN, https://is.gd/wsLK8Z