Sole responsibility of a child

What is 'Sole responsibility' of a child under UK immigration law?

Under UK immigration law, "sole responsibility" refers to a legal and factual concept used when assessing whether one parent has full responsibility for the upbringing of a child, especially in visa applications involving children and one parent living (or going to live) in the UK. For example, Samantha has a child from a previous relationship. She applies for entry clearance visa to join her new partner in the UK, but also wants to apply for her child from a previous relationship at the same time. Beyond proving the usual child visa requirements, there is an additional onerous requirement to prove Samantha has 'sole parental responsibility' of her child to establish that she has the right to do so. However, if the other parent is deceased, the death certificate (with the rest of the evidence) is sufficient to prove sole responsibility.

A parent has sole responsibility for a child if they have been exclusively responsible for making all the major decisions in the child's life—such as decisions about education, healthcare, religion, and general welfare—without the active involvement of the other parent.

If both parents share responsibilities or make joint decisions—even if one is abroad—sole responsibility is unlikely to be established.

Sole responsibility is assessed on a case-by-case basis.

If you have been refused a child visa on this ground or are applying for the first time, we have the expertise to guide you through this.

Leading Cases on Sole Responsibility in Immigration Context

Caselaw

TD (Yemen) [2006] UKAIT 00049

This is the leading precedent. Here, the Immigration Appeal Tribunal (IAT) emphasized that sole responsibility is a factual question, assessed by whether the UK‑based parent has continuing control and direction over the child’s upbringing, including major decisions—even if day-to-day care is by others.

Nmaju v SSHD (Date unspecified)

The Court of Appeal confirmed that no specific time duration is required to demonstrate sole responsibility—even 2½ months might suffice—although the quality of involvement is critical. Tribunal Decisions.

Cenir v Entry Clearance Officer

Even where a UK‑based mother had provided the majority of financial support and only visited sporadically, it was not enough to establish sole responsibility because she lacked ongoing control in the child’s upbringing. Tribunal Decisions.

Later Tribunal Decisions (e.g. UI‑2023‑002446)

These reaffirm that sole responsibility hinges on practical authority or control, not just legal status. Even when day-to-day care lies with relatives abroad, the UK‑based parent may still hold sole responsibility if they direct major decisions.