The sole responsibility allows a UK based parent to bring their child, who is not British, to live with them in the UK.
Applications under this immigration rule are complicated, and the bar is set very high.
Where both parents are involved in a child’s upbringing, it will be difficult for one parent to establish sole parental responsibility.
The UK immigration rules, unfortunately, do not provide for voluntary arrangements between parents. A court order from an overseas court granting a parent sole custody will be beneficial for an application, but will not necessarily mean a successful application. The Home Office states that sole parental responsibility is not the same as legal custody.
The rules are quite harsh, and require the UK based parent to show that he/she has ‘sole responsibility’ over the child or is the sole surviving parent. Alternatively, that circumstances meet serious or compelling considerations of why the child should be with the UK based parent.
The parent or carer has to be a British citizen or have Indefinite Leave to Remain in the UK. It also applies to cases where the parent or carer has an Ancestral Visa, or Spouse visa, and wants to bring the minor child to the UK, and the other parent is in the home country.
The applicant also has to show that he/she is taking and intends to continue taking an active role in the child’s upbringing.
Although the Sole Responsibility route is a notoriously difficult application to prove, Breytenbachs Immigration is glad to say that we have had many successful applications. Please feel free to contact us so that we can assess your circumstances, and advise accordingly.
Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. Visit the Breytenbachs website for their detail.