Parent of a Child Student Visa UK: Complete Guide for Parents
The Parent of a Child Student visa allows one parent to live in the UK while caring for a child who is studying at an eligible independent school under the Child Student visa route.
This visa is designed for international parents whose child is aged between 4 and 11 and is attending an independent fee-paying school in the UK. It is a temporary immigration route and does not provide a direct route to settlement.
This guide explains who can apply, the financial requirements, visa restrictions, extensions and common application issues.
What is a Parent of a Child Student Visa?
A Parent of a Child Student visa enables a parent to come to or remain in the UK to care for their child during the child’s studies.
The child must:
- hold, or be applying for, permission under the Child Student route;
- be aged between 4 and 11 on the date of the parent’s application; and
- attend, or intend to attend, an independent fee-paying school that meets the requirements of the Child Student route.
The parent must intend to live with the Child Student during their stay in the UK. The school must not be a state school or academy.
Who Can Apply?
You may be eligible for a Parent of a Child Student visa if:
- you are aged 18 or over;
- you are the parent of a child who has, or is applying for, a Child Student visa;
- your child is aged between 4 and 11 when you apply;
- your child is attending an eligible independent fee-paying school;
- you intend to live with and care for your child in the UK;
- the child’s other parent is not living in the UK and is not seeking to come to the UK;
- you have sufficient funds to support yourself and any additional children in your care; and
- you do not intend to make the UK your main home.
The application can be made from outside the UK or, where permitted, from inside the UK to extend existing permission. The applicant must obtain entry clearance before travelling to the UK if applying from overseas
Can both parents accompany the child?
No. Only one parent can hold permission under the Parent of a Child Student route.
The child’s other parent must not be in the UK or seeking to come to the UK. Separation, divorce or an assertion that one parent has sole responsibility does not, by itself, remove this requirement under the Parent of a Child Student rules.
The other parent may be able to visit the UK separately, provided they satisfy the requirements of the relevant visitor route. They cannot use a visitor visa to live in the UK or to accompany the child on a long-term basis.
Can other children accompany the parent?
Additional children may be able to accompany the parent if they also hold, or are applying for, permission under the Child Student route.
Other family members cannot be included as dependants under the Parent of a Child Student route. They may need to consider a separate immigration category, such as the visitor route, if they wish to come to the UK temporarily.
Financial Requirements
The parent must demonstrate that they can support themselves and any additional children without relying on public funds.
Where the relevant exemption does not apply, the parent generally needs to show:
- £1,560 for each month of the intended stay, up to a maximum of nine months; and
- £625 for each month, up to a maximum of nine months, for each additional child who will be under the parent’s care in the UK.
The applicant must also have sufficient funds to maintain their main home outside the UK. This is in addition to the funds required for living expenses in the UK.
The financial evidence will usually need to show that the required funds have been held for the prescribed 28-day period, subject to the evidential requirements in Appendix Finance.
Some applicants may not need to provide financial evidence. For example, an applicant applying to extend permission who has been lawfully in the UK for at least 12 months may satisfy the financial requirement without showing funds.
Restrictions Under This Visa
A Parent of a Child Student visa is subject to significant restrictions. The visa holder cannot:
- undertake paid or unpaid work;
- establish or run a business;
- study;
- access public funds; or
- make the UK their main home.
The purpose of the route is to enable the parent to care for the Child Student temporarily. It is not intended to provide a general right to work, study or settle in the UK.
Does This Visa Lead to Settlement?
The Parent of a Child Student route is not itself a settlement route, and time spent on it does not directly qualify the parent for indefinite leave to remain under this category.
However, lawful residence on many immigration routes may contribute towards the 10-year continuous lawful residence period under the long-residence rules. Eligibility depends on the applicant’s complete immigration history, permitted absences, continuity of residence and the rules in force at the time of application.
Applicants should obtain tailored advice before relying on time spent as a Parent of a Child Student when planning a long-residence application.
Common Practical Issues
Applicants should take particular care with:
- proving the parent-child relationship;
- confirming that the child has, or is applying for, Child Student permission;
- demonstrating that the school is an eligible independent fee-paying school;
- explaining the arrangements involving the child’s other parent;
- providing financial evidence in the correct form and covering the required period;
- demonstrating that the parent will live with and care for the child;
- showing that the UK will not become the parent’s main home; and
- ensuring that accommodation and care arrangements are suitable.
An application may be delayed or refused if the evidence is incomplete, inconsistent or does not address the specific requirements of Appendix Parent of a Child Student.
How We Can Help
At Chan Neill Solicitors, our immigration team advises international families on UK education-related immigration routes.
We can assist with:
- assessing eligibility for a Parent of a Child Student visa;
- reviewing the child’s Child Student visa and school arrangements;
- preparing the parent’s application and supporting evidence;
- advising on financial and accommodation documentation;
- addressing issues concerning the child’s other parent;
- advising on extensions and future immigration options; and
- liaising with the Home Office where appropriate.
If you are considering accompanying your child to the UK, our immigration solicitors can advise on the requirements and help you prepare a properly documented application.
Directors’ Duty to Exercise Independent Judgment: Understanding Section 173 of the Companies Act 2006
The Directors’ Duties Series – Part 3
This article is part of our directors’ duties series. It examines section 173 of the Companies Act 2006, which requires directors to exercise independent judgment. Directors may consider the views of colleagues, shareholders and professional advisers, but the decision must ultimately be their own.
What Does the Duty to Exercise Independent Judgment Mean?
Section 173 requires directors to assess the available information and reach their own conclusion rather than subordinate their powers to another person’s wishes. The duty is owed to the company, not to the shareholder, investor or other person who may have appointed or influenced them.
In practice, directors should not:
- automatically follow instructions from a shareholder, investor or parent company;
- allow a dominant director or founder to make decisions on their behalf;
- accept professional advice without applying their own judgment; or
- delegate a matter without retaining appropriate oversight.
Independent Judgment Does Not Mean Acting Alone
The duty does not require directors to make decisions in isolation. They may seek advice, consider the views of others and reach the same conclusion, provided that they form their own view. Directors may also question or challenge fellow board members, but must continue to act within the company’s constitution and collective decision-making process. Independent judgment does not allow them to bypass a properly made board decision.
How Does the Duty Apply to Nominee Directors and Group Companies?
Nominee directors appointed by a shareholder, investor or lender may take the appointing party’s views into account. However, they must not treat those views as binding or automatically place that party’s interests above those of the company.
The same principle applies within a corporate group. A subsidiary’s director must consider the subsidiary’s own position rather than simply adopt the parent company’s instructions. Competing interests may also engage the separate duties concerning conflicts and declarations of interest.
Delegation and Exceptions Under Section 173
Directors do not have to carry out every task personally. Where permitted by the company’s constitution, they may delegate work to another person or committee. However, they should choose someone suitable, maintain appropriate oversight and intervene if concerns arise.
Section 173 also recognises that a director’s duty of independent judgment does not prevent the company from entering into binding agreements. Directors must exercise their independent judgment when deciding whether the company should enter into an agreement. Once it has been validly entered into, complying with it later will not breach section 173 simply because it limits the board’s future choices.
This principle was recognised in Fulham Football Club Ltd v Cabra Estates plc [1994] 1 BCLC 363. The directors had exercised their judgment when approving the agreement, so complying with it later did not mean that they had surrendered their independence.
The directors must still comply with all their other statutory duties when delegating work or approving an agreement.
Practical Considerations for Directors
Directors should review the relevant information, ask questions, identify any conflicts or external pressure, ensure that delegation is properly authorised and record the reasons for important decisions.
Professional advice may be particularly valuable where there are competing interests, shareholder pressure or uncertainty about a director’s authority. However, responsibility for the final decision remains with the director.
What Happens if the Duty Is Breached?
A breach may expose a director to a civil claim by the company. Depending on the circumstances, remedies may include an injunction, rescission of a transaction, an account of profits or financial compensation. A shareholder may also seek permission to bring a derivative claim on the company’s behalf, while serious misconduct may contribute to disqualification proceedings.
The same conduct may breach several duties, including those concerning acting within powers, promoting the company’s success, exercising reasonable care, skill and diligence and avoiding conflicts of interest.
How Can We Help?
When board disagreements, shareholder pressure or competing group interests arise, our experienced solicitors advise companies, directors and shareholders on corporate governance and alleged breaches of directors’ duties. We can also review company articles, shareholders’ agreements and proposed transactions before disputes arise.
Our multilingual team can assist clients in English, Mandarin and Cantonese. Contact Chan Neill Solicitors LLP today for advice tailored to your circumstances.
This article is for general information only and does not constitute legal advice.
Client Rights in Crisis: What Happens When the SRA Closes Your Solicitor’s Firm?
A practical guide to protecting an ongoing legal matter and recovering money or documents following an SRA intervention in England and Wales.
Discovering that your solicitor’s firm has been closed by the Solicitors Regulation Authority (SRA) can be alarming, particularly when your matter is unfinished or the firm is holding your money or important documents. Although an intervention is intended to protect clients, it does not mean that your matter will automatically continue. Understanding what happens next and acting quickly where necessary can help protect your position.
What Is an SRA Intervention?
An SRA intervention occurs when the SRA closes a solicitor’s practice with immediate effect to protect clients, client money or the wider public. Once the firm has closed, it can no longer act for its clients.
The SRA will usually appoint another firm of solicitors, known as an intervention agent, following the closure. If you are unsure whether an intervention has taken place, check the SRA’s “Solicitor closed down” pages or contact the SRA; they can confirm the closure and provide the intervention agent’s details.
What Should You Do Next?
The steps you should take will depend on whether your legal matter was ongoing or had already concluded, and whether the closed firm was still holding money or documents for you. You may find yourself in more than one of the following situations.
If Your Legal Matter Is Ongoing
If your matter was ongoing when the firm closed, the intervention agent will try to identify your file and contact you. You will usually be asked whether you want it sent to you or to a new solicitor. As the intervention agent does not take over ongoing legal work, you will normally need to instruct a new solicitor to continue your matter.
Existing deadlines are not automatically paused. If you have an approaching court hearing, property completion, limitation or immigration deadline, or an urgent family law matter, contact the intervention agent and seek replacement representation without delay.
A new solicitor can review the work already completed, identify any urgent steps and liaise with the intervention agent to obtain your file. Providing your file reference, any available correspondence and details of upcoming deadlines will help them assess your matter promptly.
If Your Matter Has Concluded but the Firm Still Holds Your Documents
If your matter had already concluded, you may not be contacted automatically about the file. The SRA’s Intervention Archives may hold correspondence, contracts, property deeds, wills, powers of attorney or other documents recovered from the closed firm.
You can submit the SRA’s Intervention Archives document request form with the required identification and signed authorities. There is no fee for making a request, although locating and returning documents may take time. The SRA can only return files and documents recovered during the intervention.
If you want the documents sent to another solicitor, you can provide that firm’s details and authorise the transfer.
If Your Matter Has Concluded but the Firm Still Holds Client Money
A matter may have concluded while the firm is still holding money for the client. This could include a balance remaining from a property transaction, settlement funds or money paid on account that was not used.
When the SRA intervenes, it freezes the firm’s bank accounts and takes control of money held by the practice. The SRA or intervention agent then examines the accounting records to establish how much is held and who is entitled to it.
You will normally need to apply for the money to be returned. You should keep evidence showing the amount paid or held for you, including bank transfer records, receipts, invoices, completion statements and correspondence from the former firm. The process may take time if the accounts are incomplete, money is missing or ownership is unclear.
If the SRA cannot return all the money owed to you, or you urgently require money held by the closed firm, you may be able to apply to the SRA Compensation Fund. The fund is discretionary, so payment is not automatic or guaranteed. Claims should normally be made within 12 months of when you knew or could reasonably have known about the money not being returned. The appropriate route may also depend on whether the money remained in a client account or had already been treated as payment of the firm’s fees.
How Chan Neill Solicitors LLP Can Help
If your solicitor’s firm has been closed by the SRA and you are unsure what to do next, you do not have to navigate the process alone. We regularly assist affected clients across London and England by liaising with the SRA and appointed intervention agents, helping to recover files and important documents, advising on the recovery of client money, and arranging the efficient transfer of ongoing matters to new legal representatives.
If you find yourself in this situation, please contact us on 020 7253 7781 or visit www.cnsolicitors.com to arrange a confidential discussion about your options.
This article is provided for general information only and does not constitute legal advice. Each matter will depend on its particular circumstances.
Frequently Asked Questions
How long does an SRA intervention take?
Interventions happen immediately, but tracing files and returning money can take weeks or months depending on the firm’s records.
Can I get my file if my case is finished?
Yes. If your matter concluded, you can request documents from the SRA’s Intervention Archives using their form and ID.
How do I claim money from the SRA Compensation Fund?
You must apply to the SRA with evidence (e.g. receipts, bank records) that the firm held your money. Claims should normally be made within 12 months of when you knew or could reasonably have known about the loss.