At Kash Legal Services, we specialize in helping families reunite in the UK through immigration pathways. If you’re a parent applying for a UK visa and want to bring your child along, Appendix FM of the Immigration Rules offers a key route for family members. This section focuses on children joining partners or parents already in the UK or applying at the same time. We’ll break it down in plain English, covering when it applies, how to apply, and the main rules to follow.

One quick note: If your child is already a British citizen or has indefinite leave to remain in the UK, they don’t need a separate visa application when you apply under Appendix FM.

Appendix FM is the go-to option for children whose parents are coming to or staying in the UK on a partner or parent visa under these rules. It also now covers kids of parents with refugee or humanitarian protection status, following changes effective from September 4, 2025. Before that, refugees had to try family reunion routes first, but those are suspended, making Appendix FM the main path.

That said, Appendix FM isn’t the only way for children. If your situation doesn’t fit, check Part 8 of the rules, which handles other family cases. UK immigration rules can feel like a maze, with child options scattered across different sections. For example: Paragraph 297: For kids seeking permanent settlement to join a settled parent. Paragraph 301: For children joining parents on temporary visas leading to settlement. Paragraph 303A: For kids of fiancés or proposed civil partners entering the UK. Paragraphs 304-309: Rules for non-British children born in the UK. Appendix Adoption: For adopted children or those being adopted by someone with UK leave. There are also specific paths if the parent is on a work visa, like Skilled Worker. Appendix FM draws from these older rules, and court cases have clarified many points over time.

Most child applications happen alongside a parent’s, so you’ll handle everything together. For entry from outside the UK, start with the online form and pay the fee—currently £1,938 per child. Add the Immigration Health Surcharge (IHS) at £776 per year. Since child visas under Appendix FM last 2 years and 9 months, expect to pay £2,328 for the IHS (rounded up).

After submitting, book a biometrics appointment at a visa center. This involves fingerprints and a photo; a parent or guardian should go with the child. Upload documents online beforehand, or have the center scan them for an extra fee. The Home Office then reviews everything.

What documents? It varies by case, but include birth certificates, proof of relationship, financial evidence, and accommodation details. If the form doesn’t capture your full story, add a covering letter. This can outline how you meet the rules, highlight key evidence, and explain any complexities. We at Kash Legal Services often recommend this for stronger applications.

Common hurdles include proving relationships and finances— we’ll cover those next, with tips on gathering proof.

Key Rules: Who Qualifies as a Child Under Appendix FM?

The eligibility rules are in Section E-ECC of Appendix FM, under “Family life as a child of a person with limited leave as a partner or parent.” Basics include: The child must be outside the UK and under 18 when applying. No marriage, civil partnership, or independent family life. Not living independently (more on this later). One parent must be in the UK (or applying) on an Appendix FM partner/parent visa, plus one of these: The UK parent’s partner is also the child’s other parent. The UK parent has “sole responsibility” for the child’s upbringing. Serious family or other reasons make it wrong to leave the child behind, with good care plans in place. Suitability checks (like criminal history) rarely trip up child apps, but always disclose everything.

Proving the Family Ties

At least one parent needs UK leave under Appendix FM (or protection status). Then, show one of the three links above. If the other parent stays abroad, it’s tougher— you’ll likely need the “serious reasons” option.

Courts have unpacked tricky terms like “sole responsibility.” It’s not just legal custody; it’s about who truly calls the shots on the child’s life overall. Day-to-day help from others (like grandparents) doesn’t disqualify if the UK parent directs big decisions.

Home Office guidance says sole responsibility kicks in when the other parent steps back completely, letting one take full charge of welfare. If both parents chip in—even with money or visits—it’s hard to prove. We’ve seen cases where separated parents struggle here; evidence like school letters, medical records, or affidavits from caregivers helps.

Handling “Serious and Compelling” Reasons

If sole responsibility doesn’t fit, argue exclusion harms the child badly. A 2013 court case (Mundeba) ties this to the child’s best interests, per Section 55 of the 2009 Borders Act. Look at welfare: emotional needs, any neglect, unmet care, or tough living conditions like poverty or instability.

Factors to weigh: Child’s age, background, and history. Abuse or neglect risks. Gaps in education, health, or support. If staying apart would cause serious harm.

Build a strong case with facts. For instance, imagine a 10-year-old boy, Alex, with disabilities needing constant care. His mom, Sofia, works offshore to fund it, but his grandma handles daily life while aging and facing health issues. A local school closes, stretching resources thin. Sofia’s new UK partner offers stability, with job prospects and care options nearby.

To succeed, Sofia could submit: Medical reports on Alex’s needs and grandma’s limitations. School acceptance letters in the UK. Care service quotes and job offers. Photos, visit records, and statements from all involved, stressing Alex’s well-being. A solid covering letter links it all to the rules. At Kash Legal Services, we craft these to spotlight the child’s interests.

Avoiding Pitfalls: Independent Life and Family Units

Kids can’t apply if they’ve started their own family (e.g., married and living separately)—that’s an “independent family unit,” per court guidance. It’s fact-based: If the child has their own household abroad, splitting from it is rare.

Similarly, no “leading an independent life” by choice, like moving out voluntarily. Forced independence (e.g., due to work) might not count. Rules clarify: No partner, and living with a parent (or carer relative), unless in full-time education away.

How Long Does the Visa Last?

Approved kids get leave matching the parent’s—usually 30 months for extensions. If the parent is settled but the child isn’t ready, it’s 2.5 years. Align timelines to avoid gaps.

Wrapping Up: Extra Options and Child Welfare

Even if rules aren’t perfect, “exceptional circumstances” can save the day, especially weighing the child’s best interests under Section 55. Decision-makers must prioritize kids’ welfare.

UK family visas can be emotional and detailed-get it right to avoid delays. Kash Legal Services is here to help you with expert guidance.