What is sole responsibility for a child?

Sole responsibility, in a UK child immigration application, means that one parent alone has continuing control and direction of the child's upbringing and makes all the important decisions in the child's life. The other parent is unknown or has abdicated or abandoned parental responsibility. It is not the same as sole legal custody.

How sole responsibility works

Several parts of the Immigration Rules ask whether a child’s parents are both involved in the application. Where only one parent is applying or has permission, the rules often make an exception if that parent has sole responsibility for the child’s upbringing.

In Appendix Children, both parents of a dependent child must apply at the same time or have permission in the UK, unless the applying parent is the sole surviving parent or has sole responsibility.^{[2]Home Office, Immigration Rules Appendix Children} Appendix FM has a similar test for a child of a partner. The child can qualify if the parent’s partner is also the child’s parent, or if the parent has had and continues to have sole responsibility, or if there are serious and compelling family or other considerations.^{[3]Home Office, Immigration Rules Appendix FM: family members}

The Home Office caseworker guidance defines the term. Sole parental responsibility means that one parent is unknown or has abdicated or abandoned parental responsibility, and the other parent is exercising sole control in setting and providing the day-to-day direction and care for the child’s welfare.^{[1]Home Office, Appendix Children: caseworker guidance}

What the Home Office looks at

The guidance tells caseworkers to consider any evidence that decisions about the child’s upbringing have been taken under the sole direction of one parent. It says the question is whether only one parent is responsible for the child’s welfare and for what happens in key areas of the child’s life.^{[1]Home Office, Appendix Children: caseworker guidance} Those areas include the child’s education, health and medical treatment, religion, residence, holidays and recreation. They also include protecting the child and giving appropriate direction and guidance.^{[1]Home Office, Appendix Children: caseworker guidance}

The guidance sets out several points that apply to every case.^{[1]Home Office, Appendix Children: caseworker guidance}

The guidance says the test is not about who has day-to-day care. It is about whether the parent has continuing sole control and direction of the upbringing, including making all the important decisions in the child’s life.^{[1]Home Office, Appendix Children: caseworker guidance}

Where else the test appears

Sole responsibility also matters outside the family routes. Under Appendix Children, a child applying on certain routes who is not a dependent child needs written consent from both parents, or from one parent if that parent has sole responsibility, or from a legal guardian.^{[2]Home Office, Immigration Rules Appendix Children}

In settlement applications for a child on the Appendix Settlement Family Life route, the other parent must be settled, a British citizen or applying at the same time, unless the parent in the application is the sole surviving parent, has sole responsibility, or there are serious and compelling reasons.^{[4]Home Office, Immigration Rules Appendix Settlement Family Life} A parent applying for settlement on that route must also show, for a child under 18, that they have sole parental responsibility, or that the child normally lives with them, or that they have direct access to the child.^{[4]Home Office, Immigration Rules Appendix Settlement Family Life}

If sole responsibility is not shown, the decision-maker must go on to consider whether there are serious and compelling reasons to grant the application. The guidance lists factors such as whether there are good reasons why the other parent is not coming to the UK and whether coming to the UK would be in the child’s best interests.^{[1]Home Office, Appendix Children: caseworker guidance}

Example

Kemi is 10. Her mother, Ngozi, has partner permission in the UK and applies for Kemi to join her. Kemi’s father has not been in contact for several years. Ngozi provides school records showing she made the choices about Kemi’s education, medical letters showing she took Kemi to appointments and consented to treatment and a statement about where Kemi has lived and who has cared for her.

Kemi’s grandmother helps with the school run. The guidance says that help from relatives does not defeat sole responsibility as long as the parent keeps sole overall responsibility for the child’s welfare.^{[1]Home Office, Appendix Children: caseworker guidance} The Home Office decides each case on its own evidence, and this example does not predict an outcome.

What people get wrong

Many parents think that paying for everything for a child, or having sole legal custody, proves sole responsibility. The Home Office guidance says neither does on its own: sole responsibility is about who exercises continuing control over the child’s upbringing and makes the important decisions.

The guidance says the evidence should show who makes decisions about education, health, religion, residence and holidays.^{[1]Home Office, Appendix Children: caseworker guidance}

The bottom line

Sole responsibility means one parent alone directs the child’s upbringing. The Home Office tests it by evidence of who makes the important decisions, and it says that paying for the child or holding custody does not settle the question. The applicant has the burden of proof. If it cannot be shown, the decision-maker must still consider whether there are serious and compelling reasons.