Parent Visa
Parent Visa vs. Partner Visa Legal Representation Unsure whether to apply as a parent or partner? Avoid costly Home Office refusals with tailored legal advice from our experienced UK immigration team.
Members of:
Can a Parent Apply for a Parent Visa if They Live with the Child’s Other Parent? Usually, no.
The Parent Visa route is generally intended for a parent who is not living with the child’s other parent in a genuine and subsisting relationship.
Where the applicant and the child’s other parent are living together in a genuine relationship, the Home Office will normally expect the applicant to apply under the partner or spouse route, rather than the parent route.
Parent Route vs Partner Route
You will normally be expected to apply under the Partner Route if:
- You live with the child’s other parent; and
- You are in a genuine and subsisting relationship with them; and
- You are seeking permission to remain in the UK based on that relationship.
The Parent Route is usually appropriate where:
- The parents are separated;
- The parents do not live together as a couple;
- The applicant has sole parental responsibility, shared parental responsibility, or direct access to the child;
- The applicant is relying on their relationship with the child rather than a relationship with the child’s other parent.
Common Refusal Reason
A Parent Visa application may be refused where the Home Office considers that the applicant should have applied under the partner route instead.
For example, a refusal may state that:
“The applicant is living together with the child’s other parent in a genuine and subsisting relationship. Therefore, the appropriate route is the partner route rather than the parent route under Appendix FM.”
Important Exception
Simply living in the same property does not automatically prevent a Parent Visa application. The Home Office will look at the actual circumstances of the relationship. In some cases, parents may live at the same address but no longer be in a genuine relationship. Detailed evidence may be required to explain the living arrangements.
How We Can Help
If you are unsure whether you should apply as a parent or partner, our immigration solicitors can assess your circumstances and advise on the most appropriate immigration route before an application is submitted. Choosing the wrong route can result in unnecessary delays, additional costs, or refusal of the application.
Key Rule: If the parents are living together in a genuine and subsisting relationship, the Home Office will normally expect an application under the Partner Visa route, not the Parent Visa route. The Parent Visa route is primarily designed for parents relying on their relationship with the child rather than their relationship with the child’s other parent.
FAQs
No, if you live together in a genuine relationship, the Home Office expects you to apply under the Partner Visa route instead.
You may still apply under the Parent route, but you must provide robust evidence proving you are no longer in a couple.
You must show your child is British or settled, you have sole or shared parental responsibility, and you play an active role in their upbringing.
The Home Office will likely refuse your application, resulting in lost fees, potential visa delays, or disruption to your legal status.
Yes, successful Parent Visa applications put you on a 5-year or 10-year route to Indefinite Leave to Remain.
Client reviews
What clients say about our parent visa team
“The team at Arona St James is absolutely fantastic. They have managed my immigration cases on two occasions now, both in 2023 and 2026. Laila was so attentive to detail in managing our case, which is perhaps not the most conventional. She worked through everything in a clear and informative approach - something you really appreciate when you're stressed and under pressure. Arona gives solid and pragmatic advice that not only reflects the shifting world that UK immigration is facing but will always offer her advice in a manner that is best for the applicant. If you are looking for a team that provides results, honest and realistic advice, as well as clear communicative processes, Arona and Laila are the perfect team. 100% recommended.”
“I have been Arone’s and Laila’s client for over 15 years, as a family we are grateful for their service. I can’t recommend my solicitor highly enough. Laila handled my husband’s visa application with professionalism, care, and incredible attention to detail from start to finish. What could have been a stressful and overwhelming process felt smooth and well-managed thanks to Laila’s clear guidance and constant communication. She took the time to explain every step, answered all our questions promptly, and made sure all documents were perfectly prepared before submission. Her expertise and reassurance gave us real confidence throughout. Thanks to Laila’s hard work and dedication, my husband’s Indefinite Live to Remain was successfully approved, and we are so grateful. If you’re looking for someone reliable, knowledgeable, and genuinely supportive, I would absolutely recommend Arona's and Laila’s service.”
“Arona St James have been incredibly helpful and professional throughout my case. Arona's legally rigorous and strategic work was instrumental in securing approval of the case from the Home Office, and I would recommend her as the Primary Solicitor for anyone needing assistance in their practice areas. She gave me instructions on evidence to collate, reviewed all evidence with precision and care, drafted very competent legal representations, and gave strategic opinions on all aspects of the case. Her years of experience in the field definitely made a difference on the outcome of my case. Additionally, Trainee Solicitor Gwan Choi was professional in her representations of the case and working under Arona's guidance. She executed her duties successfully and professionally. I felt heard throughout the process; they truly understood my priorities and delivered accordingly. They are one of London's best practices for immigration, partnership, asylum, and human rights cases. They are also particularly excellent with LGBTQ+ cases, and I would recommend them without hesitation”
Arrange a confidential consultation
Contact us today via email on assistance@aronastjames.co.uk or via telephone on 020 8175 5000 to arrange a confidential consultation and discuss your circumstances with one of our immigration solicitors.