General Guidance: Basics You Need to Know
If you are a parent already living in the UK and are looking to bring or continue to live in the UK with your children, you will need to apply for a family dependant visa. Our comprehensive guide will outline the process and requirements to help you understand and successfully apply for the visa you need. If you believe your needs are complex and would benefit from speaking to our Immigration adviser
Author Bio:
Marc Gibson a Registered adviser with OISC (Office Immigration Services Commissioner). Marc founded MYG Ltd in 2005 as a sole practitioner.
Marc specialises in Family Migration 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 requirements can be reunited, start their own businesses, or study in the UK.
Section Titles:
Eligibility and 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 supported by their parent and in full-time education. If they are eligible to apply for a family dependant visa from inside the UK, you can choose to extend or switch into "Further Leave to Remain - FP." This option allows them to continue to 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 Dependant Visa rules
In some cases, you may not need a 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 dependant visa. Whether you opt for an adviser or solicitor, finding the right support can significantly improve getting a successful outcome.
To discuss your visa needs Schedule an appointment with us.
Core Requirements for a Dependant Visa
Dependant 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 dependant before turning 18 years old.
They are financially dependant 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 moved out living an independent life.
If your child was born in the UK, they can be added to your next visa 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 dependant.
Dependant Children Over 18 Years Old:
Applying from Outside the UK:
Your child must have received previous leave to enter the UK on a family dependant 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 dependant.
Your child received previous permission to enter or stay in the UK on a family dependant visa associated with you before they turned 18 years old.
They remain financially supported by 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 dependant visa, the parent must be financially capable of supporting themselves and any dependants 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 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 form. Family visas are normally issued for 33 months when applying from outside the UK. If extending or switching into this 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 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 dependant visa started together!
Disclaimer: The information provided above is for general purposes only relating to Immigration advice & procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth look and assistance. All enquiries receive a free initial assessment to clarify if you meet the general requirements of the application route.