Immigration Corner | I want to go live in the UK to care for my child

Dear Mr Bassie,

My child lives in the United Kingdom (UK) and I would like to know if it is possible for me to go and live there, as I need to care for him.

YY

Dear YY,

Persons can apply to live in the United Kingdom to care for their child.

If they are eligible to apply as a partner, those persons must do that instead of applying as a parent.

To qualify to apply, the child must either be under 18 years old on the date of application or have been under 18 years old when they were first granted leave.

The applicant’s child must live with him/her, unless they are living away from home in full-time education, for example, at boarding school or university. Further, the child must not be married or in a civil partnership.

Please note that the child must be living in the UK and one of the following must also be true:

• He/she is a British or Irish citizen;

• He/she is settled in the UK, for example, they have indefinite leave to remain, settled status, or proof of permanent residence;

• He/she is from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status. Please note, they must have started living in the UK before January 1, 2021;

• If applying in the UK, the applicant must have lived in the UK for seven years continuously and it would not be reasonable for them to leave.

Please be aware that if the child has settled or pre-settled status, he/she may be able to apply to the free EU Settlement Scheme or for an EU Settlement Scheme family permit.

PARENTAL RESPONSIBILITY

The applicant will need to have sole or shared parental responsibility for their child. If the applicant shares parental responsibility, the child’s other parent must not be the applicant’s partner and they must also either:

• Be a British or Irish citizen;

• Have settled in the UK, for example, they have indefinite leave to remain, settled status, or proof of permanent residence;

• Be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status. They must have started living in the UK before January 1, 2021.

If the child lives with their other parent or carer, the applicant must have access to the child in person, as agreed with the other parent or carer, or by a court order.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com