You MUST know this – Applying for a UK visa for a child in case of surrogacy

Published on: 22nd Mar 2022
Reading time: Approx 5 mins

UK visa routes can be difficult to navigate, in our professional journey since 2009, we have come across several instances where the facts to apply for a UK visa are complex. This is typically observed in family visas and one such instance was pertaining to child visa for children born through surrogacy. Where the husband was naturalised as a British Citizen and the wife lived in India. The couple had 2 children – born via surrogacy.

In this case study we will talk about how The SmartMove2UK has handled sensitive and complex cases and obtained successful outcomes for our clients to obtain UK visas.

Note: *(The name and other details of the clients have been changed for confidentiality purposes)*.

Divya (Indian national) was married to Raj (British citizen). She had joined her husband as Tier 2 dependent in the UK , but had to return to India as her father was suffering from cancer. The couple had planned to have children via the surrogacy route.
(Surrogacy involves a technique called “in vitro fertilisation” (IVF) which makes it possible to gather eggs from the mother, fertilise them with sperm from the father, and place the embryo into the uterus of a gestational surrogate. The surrogate then carries the baby until birth.)

The children’s birth certificates mentioned Divya and Raj as the parents and they were also issued Indian passports.
Divya was planning to join her husband in the UK with their children after her father recovered from his health issues.
She thought of applying for entry clearance for herself and the children.

However, she was unsure if this route would grant her an entry to the UK. That’s when she decided to seek help from a professional and approached The SmartMove2UK .

We are an Immigration Law Firm, specialized in UK immigration laws. At The SmartMove2UK, we study our client’s case in-depth to offer the best possible solution to get a successful visa to enter the UK.

After a thorough analysis of Divya’s case, we advised her to apply for Parental order for their children before 4 July 2019. And the best route to join her husband was to apply for Spouse and Child of a British citizen. The visa will grant them to live in the UK for a period of 30 months and can be extended by providing evidence that the relationship is subsisting. Also, the children are required to evidence their relationship to the main applicant (sponsor – Raj).

The couple also met all the other requirements to be eligible for this route – they had enough income, English language proficiency, adequate accommodation in the UK for the whole family and evidence of their marriage.

And this is how we were able to get successful UK visas for Divya and her children to join Raj. We have reunited many such families; our UK Family Visas Expert is a real pro!

If you too are planning to join your partner in the UK, reach out to us on below

Book a consultation with our UK-qualified Solicitor to get a ‘smart’ solution for your visa requirements!