IDI C2 Visit Parent Child

7/27/2019 IDI C2 Visit Parent Child

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Page 1 of 19 Guidance Visitor Parent of a child at school version 7.0 Valid from 21 June 2013

Parent of a child at school

This guidance is based on the Immigration Rules.


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About this guidanceAbout this guidance

Key facts

Entry or extension

requirements

Granting or refusing

Immigration Rules, paragraphs 56A 56CThis guidance tells you how to consider applications from a parent of a child at school in theUK under paragraphs 56A-56C of the Immigration Rules.

For more information on the Immigration Rules, see related link: Immigration Rulesparagraphs 40-56Z.

There are no provisions within the Immigration Rules to grant:

indefinite leave to remain (settlement) in any of the visitor categories

entry to the UK as a dependant of a visitor. A dependant or family member will need toqualify in their own right in one of the visitor categories.

Changes to this guidance This page tells you what has changed since the previousversion of this guidance.

Contact This page tells you who to contact for help if your senior caseworker or linemanagercant answer your question.

Information owner This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare This page explains your duty to safeguard andpromote the welfare of children and tells you where to find out more information.

In this section

Changes to this

guidance

Contacts

Information owner

Links to staff intranetremoved


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Key facts: Parent of a child at school

This page lists the key facts on visitors to the UK as a parent of a child at school.

Category: Parent of a child at school.

Eligibility requirements The applicant must:

leave the UK at the end of the period of the visit

maintain and accommodate themselves and any

dependants without using public funds meet the cost of the return or onward journey

have a child with valid leave as a pre-points-basedsystem student or a Tier 4 (Child)

have a child who is under 12 years of age

have a child who is attending an independent fee payingday school in one of the child student immigration

categories provide evidence of adequate and reliable funds for

maintaining a second home in the UK.

The applicant must not:

intend to take employment

intend to produce goods or provide services within the UK

i t d t d t k f t d


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Entry clearanceendorsements

C: VISIT: CHILD AT SCHOOL: 6 MONTHS: CODE 3.C: VISIT: CHILD AT SCHOOL: 12 MONTHS: CODE 3.

Conditions of leave to remain No work or study allowed. No recourse to public funds.How long is leave to remainnormally granted for?

Six months or a maximum of 12 months if entry clearance isheld.

12 months at a time for applications for leave to remain.Applications can only be made up to the childs twelfth birthday.

Are dependants allowed? No dependants must qualify as a visitor in their own right.

Work and study allowed? NoIs switching into this categoryallowed?

Yes

Does this category lead tosettlement (indefinite leave toremain)?

No

Is knowledge of languageand life required?

No

CID case type Parents of Children in School LTR.Immigration Rulesparagraphs

Paragraph 56A-56C (Parent of child at school).


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Changes to this guidance

About this guidance

Key facts

Entry or extension

requirements


This page lists changes to the parent of a child at school guidance, with the most recent atthe top.

Date of change Details of change21 June 2013 Change request:

Successive periods of leave:o new page

Maintenance and accommodation:o new page

Minor housekeeping changes.

28 May 2013 Change request:

Entry or extension requirements:o sub-heading requirements for a grant of leave under

the Immigration Rules, second bullet point and sub-bullet points new

Minor housekeeping changes.

For previous changes you will need to access the archivedguidance. See related link: Parent of a child at school -archive

Related links

Successiveperiods of leave

Maintenance andaccommodation

See also

Contacts

Information owner



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Entry or extension requirements

About this guidance

Key facts

Entry or extension

requirements


This section tells you the requirements the applicant must meet to gain leave to enter orextend their stay as a parent of a child at school.

All visa nationals and those applying for entry for six months or more will require entryclearance. See related link: Entry clearance.

When considering an application you must check that:

the application is valid

the applicant's passport or travel document is genuine

the applicant meets the requirements of the category

there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures

IDI - passports & travel documents

General grounds for refusal.

Requirements for a grant of leave under the Immigration RulesUnder paragraph 56A of the Immigration Rules, a parent of a child at school must:

leave the UK at the end of the period of the visit

maintain and accommodate themselves and any dependants adequately:o out of resources available to them without recourse to public funds or taking

employment, oro be maintained and/or accommodated by relatives or friends who can prove they are

able and intend to do so, and are legally present in the UK, or will be at the time oftheir visit

In this section

Child meetsrequirements of age and

studying routes

Successive periods of

leave


Maintaining a second

home in the UK



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meet the cost of the return or onward journey

have a child with valid leave as a pre-points-based system student or a Tier 4 (Child)

have a child who is under 12 years of age

have a child who is attending an independent fee paying day school in one of the child

student immigration categories

provide evidence of adequate and reliable funds for maintaining a second home in the

UK.

They must not:

intend to take employment

intend to produce goods or provide services within the UK

intend to undertake a course of study

be a child under the age of 18

intend to marry or form a civil partnership

intend to give notice of a marriage or civil partnership

intend to receive private medical treatment

be in transit to a country outside the common travel area

do any of the activities of a business, sports or entertainer visitor, for more informationsee related links:o Business visitoro Sports visitoro Entertainer visitor

seek to make the UK their main home

have been admitted to the UK under the approved destination status agreement with

China (see related link: Visitor under the approved destination status (ADS) agreementwith China).

Extensions onlyThe applicant must not be in breach of immigration law, except for any period of overstaying:


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for 28 days or less which will be disregarded, or

if the application was submitted before 9 July 2012.

For more information, see related link: Applications from overstayers (non-family members).


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Child meets requirements of age and studying routesAbout this guidance

Key facts

Entry or extensionrequirements


This page tells you the requirements for a child of a parent applying under the parent of achild at school visitor category.

For an applicant to qualify for leave as a parent of a child at school visitor they must have achild under 12 years old with valid leave under either:

pre-points-based system student route, or

Tier 4 (Child)

and who is attending an independent fee paying school.

If the child will reach the age of 12 before any leave being granted to their parent expiresyou must include the following in the letter:

You are advised that you will not qualify for further leave to remain in this capacity onceyour child has reached the age of 12 and that alternative arrangements for their care willthereafter have to be made if it is intended that they should continue their education in theUnited Kingdom.

Documents accepted as evidence of a childs age must be genuine and original and can beany one of the following:

a passport

a travel document

a national identity card

a birth certificate accompanied by other genuine photographic proof of identity.

In this section

Successive periods ofleave


Maintaining a secondhome in the UK



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Successive periods of leave

About this guidance

Key facts




This page tells you about the requirement that a parent of a child at school visitor must notintend to live in the UK through frequent or successive visits.

Applicants under this route are able to extend for period of up to 12 months until their childreaches the age of 12. This means applicants must not be considered as living in the UKthrough successive periods as long as they continue to maintain their permanent homeoutside the UK.

In this sectionChild meetsrequirements of age andstudying routes




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Maintenance and accommodation

About this guidance

Key facts




This page tells you about the requirement that a parent of a child at school visitor to haveenough funds available to maintain and accommodate themselves whilst in the UK.

Individuals granted leave under this route are not allowed to undertake employment whilstthey are in the UK. You must make sure that the applicant has enough funds available tomaintain and accommodate themselves and their child as set out in paragraph 41(vi) of theImmigration Rules (see related link).

Due to the nature of this route it is possible that applicants will be financially supported bytheir spouse who remains overseas. Where this is the case, funds held by their spousemust be treated as if the funds are shared, provided evidence supports this. Evidence suchas:

documents confirming access to a joint bank account, or a letter from the spouse overseas confirming they are the sole provider for their spouse

and child in the UK.

If they are going to be maintained and/or accommodated by other relatives or friends youmust make sure that they are legally in the UK and have enough funds and/oraccommodation available for this purpose.

In this sectionChild meetsrequirements of age and

studying routes





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Maintaining a second home in the UK

About this guidanceKey factsEntry or extension

requirements


This page tells you about the requirement that a parent of a child at school in the UK needssufficient funds to maintain a second home in the UK.

A parent of a child at school must provide satisfactory evidence of adequate and reliablefunds for maintaining a second home in the UK, and are not seeking to make the UK theirmain home. For example:

Bank statements detailing enough funds to cover both the home in their own countryand the UK home.

Evidence that they own their own home.

Rental agreement for UK home.

If your enquiries show that there is no home in their own country, you must consider if

refusal under paragraph 56(v) is necessary.

A parent of a child at school in the UK may be granted further extensions of stay of up to 12months at a time. For that reason, it is important that you check carefully they intend to leaveand are not making the UK their home.

For more information on maintenance or accommodation and how to assess the means ofmaintenance or accommodation see related links:

Maintenance and accommodation requirements.

Maintenance undertakings.

In this section

Child meets

requirements of age andstudying routes





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About this guidance

Key facts



This section tells you about granting or refusing entry or extension in the parent of a child atschool visitor category.

Related links

Grant or refuse entry

clearance

Grant or refuse entry atUK port

Grant or refuseextension of stay in theUK


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Grant or refuse entry clearance

About this guidance

Key facts



This page tells you about granting or refusing an application for entry clearance in the parentof a child at school visitor category.

Grant entry clearanceYou must grant entry clearance if the applicant:

meets all the requirements of paragraph 56A of the Immigration Rules, and

none of the general grounds for refusal in paragraph 320 apply.

Length of leaveFor six months or for the maximum of 12 months with the endorsement code:

C: VISIT: CHILD AT SCHOOL: 6 MONTHS: CODE 3

C: VISIT: CHILD AT SCHOOL: 12 MONTHS: CODE 3

The endorsement must be valid from the date the applicant intends to travel to the UK.

Refusing entry clearanceWhen the applicant has not provided the required evidence that they meet all therequirements of the paragraph 56A, or if any of the general grounds for refusal inparagraphs 320 to 324 apply, you must refuse the application.

In this section

Grant or refuse entry at

UK port




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Grant or refuse entry at UK port

About this guidance

Key facts



This page tells you about granting or refusing an application for entry at a UK port in theparent of a child at school visitor category.

Granting leave to enterBefore you grant leave to enter, you must be satisfied that:

the applicant has valid entry clearance

there are no reasons to believe the applicant gave false information to get the entryclearance, nor that circumstances have changed since it was issued

none of the general grounds for refusal in paragraphs 320 to 321 of the ImmigrationRules apply.

Non visa nationals (without entry clearance)

If you are satisfied the person seeking entry without having obtained entry clearance meetsall the requirements, you must grant leave to enter for up to six months with employmentprohibited using code 5N. Use code 3 only where there are doubts about the person, but notenough evidence to refuse leave to enter.

Visa nationals (and any non visa nationals with entry clearance)If you are satisfied that the person meets all the requirements, endorse the entry clearancewith an open date stamp ,as the duration and conditions will already be on the entryclearance and record on the landing card with the code VPC.

Length of leave

for six months, or

for the maximum of 12 months if entry clearance is held.

Refusing leave to enterYou must refuse leave to enter as a parent of a child at school visitor if:

In this section


clearance




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a visa national does not have an entry clearance, or

the applicant has not provided the required evidence that they meet all therequirements of paragraph 56B of the Immigration Rules, or

any of the general grounds for refusal in paragraphs 320 to 324 apply.

For more information on general grounds for refusal, see related link.


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Grant or refuse extension of stay in the UK

About this guidance

Key facts



This page tells you about granting or refusing an application for an extension in the parent ofa child at school visitor category.

Grant extensionLeave to remain may be granted for 12 months at a time providing the requirements ofparagraph 56A-56C are met.

A parent of a child at school visitor must register with the police if they are:

coming to the UK for longer than six months

are aged 16 or over, and are either:o a national or citizen of a country or territory listed in Appendix 2 of the Immigration

Ruleso

a stateless persono a person holding a non-national travel document.

For more information about police registration and who is required to register, see relatedlink: Police registration.

Refuse extensionYou must refuse an extension of stay as a visitor if the applicant does not meet all of therequirements of the relevant paragraphs of the Immigration Rules.

If you are considering refusing an extension of stay on grounds that are not specific to

visitors, you must refer to the following guidance using the related links:

General grounds for refusal

Immigration Rules - paragraph 322-324.

For more information on general grounds for refusal, see related link.

In this section


clearance

Grant or refuse entry atUK port



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Contact

About this guidance

Key facts



This page tells you who to contact for more help with a specific case in the parent of a childat school visitor category.

If you have read paragraphs 40-56Q (visitors) of the Immigration Rules as well as thisguidance and still need more help, you must first ask your senior caseworker or linemanager.

If your question cannot be answered at that level, you may email:

Study and visit operational policy team, for guidance on policy (see related link).

For entry clearance officers email International group decision quality ECO supportteam, see related link: Email: ECO support.

For Border Force officers: email BF OAS enquiries (see related link).

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending you must contact the study and visitoperational policy team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related linksSee also

Changes to thisguidance

Information owner



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Information owner

About this guidance

Key facts



This page tells you about this version of the parent of a child at school guidance and whoowns it.

Version 7.0

Valid from date 21 June 2013

Policy owner Study and visit operational policy team

Cleared by director Sonia Dower

Directors role Director, operational policy and rules

Clearance date 28 May 2013

This version approved forpublication by

Lynne Spiers

Approvers role Acting director, operational policy and rules

Approval date 20 June 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending you must contact the study and visitoperational policy team (see related link), who will ask the modernised guidance team toupdate the guidance, if appropriate.The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related linksSee also

Changes to thisguidance

Contacts


IDI C2 Visit Parent Child

Documents

Transcript of IDI C2 Visit Parent Child