- mgibson66
Family Dependent Visa: Basic Application Requirements When Parents Are in the UK
Updated: Jul 27
General Application Guidance: Basics You Need to Know
If you are a parent already living in the UK and are looking to bring or continue to stay in the UK with your children, you will need to apply for a family dependent visa. Our comprehensive guide will outline the application process and requirements to help you understand and successfully apply for the visa you need. If you believe your application needs are complex and would benefit from speaking to our Immigration adviser
Author Bio:
Marc Gibson a Registered Immigration adviser with OISC (Office Immigration Services Commissioner). Marc founded MYG Ltd in 2005 as a sole practitioner.
Marc specialises in Family Immigration Advice and Citizenship Services, his aim is to help individuals, families and businesses navigate the complex UK Immigration rules and procedures. His mission is to ensure those who meet the visa application requirements can be reunited with their families, start their own businesses, or study in the UK.
Section Titles:
Eligibility and Application Options
Exceptions to Family Visa Requirement
Selecting the Right Legal Representative
Core Application Requirements for Family Dependent Visa
Financial & Language Requirements
Natural Progression to Permanent Residence
Eligibility and Application Options
Applying from Inside the UK - "Further Leave to Remain - FP" (Family Person)
If your child is under age of 18 years old you will need to apply on their behalf. Children over 18 years old must continue to be financially dependent on their parent and in full-time education. If they are eligible to apply for a family dependent visa from inside the UK, you can choose to extend or switch them into "Further Leave to Remain - FP." This option allows them to continue to stay and live with there parents in the UK.
Applying from Outside the UK - "Entry Clearance"
If your child is applying from outside the UK, they will need to come via "entry clearance" and obtain their family dependent visa from outside the UK.
Exceptions to Family Dependent Visa Requirement
In some cases, you may not need a family visa. If you the parent has ILR (Indefinite Leave to Remain) or permanent residence in the UK, or your child was born in the UK before acquiring ILR, your child will receive the same visa as you. If your child was born after you received ILR, they will be granted British Citizenship.
Selecting the Right Legal Representative
Choosing the right legal representative is crucial for a successful family dependent visa application. Whether you opt for an immigration adviser or solicitor, finding the right support can significantly improve the outcome of your application.
To discuss your application needs Schedule an appointment with us.
Core Application Requirements for Child Dependent Visa
Dependent Children Under 18 Years Old:
Applying from Outside the UK:
Your child must be under 18 years old.
Your child originally entered the UK with you but has since left. They can re-apply if they were under 18 when you were first granted leave to enter.
Your child cannot be married, in a civil partnership, have children of their own, or be living an independent life.
Applying from Inside the UK:
Your child received permission to enter or stay in the UK as your family dependent before turning 18 years old.
They are financially dependent on you.
You support them without claiming any public benefits.
Your child isn't married, in a civil partnership, have children of their own, or left home living an independent life.
If your child was born in the UK, they can be added to your next visa application extension and will be awarded the same permission as you. Alternatively, you can apply separately for them if your leave to remain isn't due to expire. In this case, you will need to know your own visa category of leave to remain, so they can be granted permission to stay as your dependent.
Dependent Children Over 18 Years Old:
Applying from Outside the UK:
Your child must have received previous leave to enter the UK on a family dependent visa associated with you before they turned 18 years old.
They remain financially dependent on you.
You support them without claiming any public benefits.
Your child cannot be married, in a civil partnership, have children of their own, or live an independent life.
Applying from Inside the UK:
Your parent can include you in their own application as their dependent.
Your child received previous permission to enter or stay in the UK on a family dependent visa associated with you before they turned 18 years old.
They remain financially dependent on you.
You support them without claiming any public funds.
Since their arrival in the UK, they have not married, entered into a civil partnership, had children of their own, or left home living an independent life from you.
Demonstrating Eligibility
To apply from inside or outside the UK, the parent must be applying to enter the UK as the spouse or partner of a qualifying national. This includes British or Irish Nationals, overseas nationals with indefinite leave to remain or permanent residence, and EU or EEA nationals with pre-settled status. When a child applies separately from their parent, they need to know which leave to enter or remain settlement route was previously granted to their parent. This will normally be either 5 or 10 year route.
Financial & Language Requirements
To be eligible for the family dependent visa, the parent must be financially capable of supporting themselves and any dependents without them accessing public funds. Additionally, they need to demonstrate adequate accommodation to accommodate everyone living within the household.
If English isn't the parent's native language, they will need to demonstrate knowledge of English by passing an SELT English Test or prove exemption if they are over 18 years old. Children under 18 years old are exempt from sitting SELT English tests.
Length of Stay
For first-time applicants coming to the UK, an entry clearance vignette visa in their passport is granted, allowing travel into the UK for 28 days. Subsequently, a BRP residence card is issued within 10 days after entry, confirming the UK home address disclosed on the visa application form. Family visas are normally issued for 33 months when applying from outside the UK. If extending or switching into this visa category, the visa is extended for 30 months.
Natural Progression to Permanent Residence
Before the "Entry clearance" or "Further Leave to Remain" visa expires, an extension visa application is necessary. If successful, the applicant will receive a further 30 months. To acquire Indefinite Leave to Remain, the applicant needs to have remained in the UK for a minimum of 60 months. Once eligible, they can apply for Indefinite Leave to Remain (settlement or permanent residence). Subsequently, they may be eligible to apply for Naturalisation (British Citizenship) immediately after receiving their Permanent Residence BRC card.
Let's get your family dependent visa application started together!
Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.