Parent of a child at school

This guidance is based on the Immigration Rules.

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school About this guidance

About this guidance Key facts Entry or extension requirements Granting or refusing Immigration Rules, paragraphs 56A 56C This guidance tells you how to consider applications from a parent of a child at school in the UK under paragraphs 56A-56C of the Immigration Rules. For more information on the Immigration Rules, see related link: Immigration Rules paragraphs 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 to qualify in their own right in one of the visitor categories. Changes to this guidance This page tells you what has changed since the previous version of this guidance. Contact This page tells you who to contact for help if your senior caseworker or line manager cant 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 and promote 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 intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

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-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.

The applicant 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 information see related links seek to make the UK their main home last been admitted to the UK under the approved destination status agreement with China. Application made outside UK - VAF1A Extension (within UK) FLR (O) Indefinite leave to remain not applicable See also: Home Office website: how to apply (Links to staff intranet removed) Fees for Home Office services (Links to staff intranet removed) Mandatory for all visa nationals and those seeking entry for a period exceeding six months. Yes

Application forms

Cost of application: Entry clearance mandatory? Is biometric information required for applications made in the UK? Code of leave to remain granted Page 3 of 19

Code 3. Guidance Visitor Parent of a child at school version 7.0 Valid from 21 June 2013

Entry clearance endorsements

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 remain Six months or a maximum of 12 months if entry clearance is normally granted for? held. 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? No Is switching into this category Yes allowed? Does this category lead to No settlement (indefinite leave to remain)? Is knowledge of language No and life required? CID case type Parents of Children in School LTR. Immigration Rules Paragraph 56A-56C (Parent of child at school). paragraphs

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

Parent of a child at school Changes to this guidance

About this guidance Key facts Entry or extension requirements Granting or refusing Date of change 21 June 2013 Details of change 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 subbullet points new Minor housekeeping changes. For previous changes you will need to access the archived guidance. See related link: Parent of a child at school archive This page lists changes to the parent of a child at school guidance, with the most recent at the top. Related links Successive periods of leave Maintenance and accommodation See also Contacts Information owner Links to staff intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Entry or extension requirements

About this guidance Key facts Entry or extension requirements Granting or refusing 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. All visa nationals and those applying for entry for six months or more will require entry clearance. See related link: Entry clearance. When considering an application you must check that: This section tells you the requirements the applicant must meet to gain leave to enter or extend their stay as a parent of a child at school. In this section Child meets requirements of age and studying routes Successive periods of leave Maintenance and accommodation Maintaining a second home in the UK Links to staff intranet removed

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 Rules Under 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, or o 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 of their visit

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

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 information see related links: o Business visitor o Sports visitor o 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) agreement with China). Extensions only The applicant must not be in breach of immigration law, except for any period of overstaying:

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

 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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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Child meets requirements of age and studying routes
About this guidance Key facts Entry or extension requirements Granting or refusing For an applicant to qualify for leave as a parent of a child at school visitor they must have a child 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 expires you must include the following in the letter: You are advised that you will not qualify for further leave to remain in this capacity once your child has reached the age of 12 and that alternative arrangements for their care will thereafter have to be made if it is intended that they should continue their education in the United Kingdom. Documents accepted as evidence of a childs age must be genuine and original and can be any one of the following: a passport a travel document a national identity card a birth certificate accompanied by other genuine photographic proof of identity. This page tells you the requirements for a child of a parent applying under the parent of a child at school visitor category. In this section Successive periods of leave Maintenance and accommodation Maintaining a second home in the UK Links to staff intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Successive periods of leave

About this guidance Key facts Entry or extension requirements Maintenance and accommodation Granting or refusing Applicants under this route are able to extend for period of up to 12 months until their child reaches the age of 12. This means applicants must not be considered as living in the UK through successive periods as long as they continue to maintain their permanent home outside the UK. This page tells you about the requirement that a parent of a child at school visitor must not intend to live in the UK through frequent or successive visits. In this section Child meets requirements of age and studying routes Maintenance and accommodation Maintaining a second home in the UK

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Maintenance and accommodation

About this guidance Key facts Entry or extension requirements Successive periods of leave Granting or refusing Individuals granted leave under this route are not allowed to undertake employment whilst they are in the UK. You must make sure that the applicant has enough funds available to maintain and accommodate themselves and their child as set out in paragraph 41(vi) of the Immigration Rules (see related link). Due to the nature of this route it is possible that applicants will be financially supported by their spouse who remains overseas. Where this is the case, funds held by their spouse must be treated as if the funds are shared, provided evidence supports this. Evidence such as: 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 you must make sure that they are legally in the UK and have enough funds and/or accommodation available for this purpose. This page tells you about the requirement that a parent of a child at school visitor to have enough funds available to maintain and accommodate themselves whilst in the UK. In this section Child meets requirements of age and studying routes Successive periods of leave Maintaining a second home in the UK Links to staff intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Maintaining a second home in the UK

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about the requirement that a parent of a child at school in the UK needs sufficient funds to maintain a second home in the UK. A parent of a child at school must provide satisfactory evidence of adequate and reliable funds for maintaining a second home in the UK, and are not seeking to make the UK their main home. For example: Bank statements detailing enough funds to cover both the home in their own country and 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 12 months at a time. For that reason, it is important that you check carefully they intend to leave and are not making the UK their home. For more information on maintenance or accommodation and how to assess the means of maintenance or accommodation see related links: Maintenance and accommodation requirements. Maintenance undertakings. In this section Child meets requirements of age and studying routes Successive periods of leave Maintenance and accommodation Links to staff intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Granting or refusing

About this guidance Key facts Entry or extension requirements Granting or refusing Grant or refuse extension of stay in the UK This section tells you about granting or refusing entry or extension in the parent of a child at school visitor category. Related links Grant or refuse entry clearance Grant or refuse entry at UK port

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Grant or refuse entry clearance

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about granting or refusing an application for entry clearance in the parent In this section of a child at school visitor category. Grant or refuse entry at Grant entry clearance UK port You must grant entry clearance if the applicant: Grant or refuse extension of stay in the meets all the requirements of paragraph 56A of the Immigration Rules, and UK none of the general grounds for refusal in paragraph 320 apply. Length of leave For 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 clearance When the applicant has not provided the required evidence that they meet all the requirements of the paragraph 56A, or if any of the general grounds for refusal in paragraphs 320 to 324 apply, you must refuse the application. Links to staff intranet removed

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Grant or refuse entry at UK port

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about granting or refusing an application for entry at a UK port in the In this section parent of a child at school visitor category. Grant or refuse entry Granting leave to enter clearance Before you grant leave to enter, you must be satisfied that: Grant or refuse extension of stay in the the applicant has valid entry clearance UK there are no reasons to believe the applicant gave false information to get the entry clearance, nor that circumstances have changed since it was issued Links to staff intranet none of the general grounds for refusal in paragraphs 320 to 321 of the Immigration removed Rules apply. Non visa nationals (without entry clearance) If you are satisfied the person seeking entry without having obtained entry clearance meets all the requirements, you must grant leave to enter for up to six months with employment prohibited using code 5N. Use code 3 only where there are doubts about the person, but not enough 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 clearance with an open date stamp ,as the duration and conditions will already be on the entry clearance 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 enter You must refuse leave to enter as a parent of a child at school visitor if: Page 15 of 19 Guidance Visitor Parent of a child at school version 7.0 Valid from 21 June 2013

 a visa national does not have an entry clearance, or the applicant has not provided the required evidence that they meet all the requirements 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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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Grant or refuse extension of stay in the UK

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about granting or refusing an application for an extension in the parent of In this section a child at school visitor category. Grant or refuse entry Grant extension clearance Leave to remain may be granted for 12 months at a time providing the requirements of paragraph 56A-56C are met. Grant or refuse entry at UK port A parent of a child at school visitor must register with the police if they are: Links to staff intranet removed 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 Rules o a stateless person o a person holding a non-national travel document. For more information about police registration and who is required to register, see related link: Police registration. Refuse extension You must refuse an extension of stay as a visitor if the applicant does not meet all of the requirements 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. Page 17 of 19 Guidance Visitor Parent of a child at school version 7.0 Valid from 21 June 2013

Parent of a child at school Contact

About this guidance Key facts Entry or extension requirements Granting or refusing If you have read paragraphs 40-56Q (visitors) of the Immigration Rules as well as this guidance and still need more help, you must first ask your senior caseworker or line manager. 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 support team, 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). If you think the policy content needs amending you must contact the study and visit operational 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, style and navigability of this guidance. You can send these using the related link: Email: Modernised guidance team. Links to staff intranet removed Changes to this guidance Information owner This page tells you who to contact for more help with a specific case in the parent of a child at school visitor category. Related links See also

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013

Parent of a child at school Information owner

About this guidance Key facts Entry or extension requirements Granting or refusing Version Valid from date Policy owner Cleared by director Directors role Clearance date This version approved for publication by Approvers role Approval date 7.0 21 June 2013 Study and visit operational policy team Sonia Dower Director, operational policy and rules 28 May 2013 Lynne Spiers Acting director, operational policy and rules 20 June 2013 Changes to this guidance Contacts Links to staff intranet removed This page tells you about this version of the parent of a child at school guidance and who owns it. Related links See also

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

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Guidance Visitor Parent of a child at school version 7.0

Valid from 21 June 2013