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UK Visa applications for Dependants

There are two types of dependant visas available: -

  1. Adult Relative Dependant visa
  2. Child dependant visa

Adult Relative Dependant Visa

If you are no longer able to remain in your home country due to ill health, you may be able to apply for leave in this category. The adult dependant visa is open to the following;

  • 18 or over; and
  • A parent, grandparent, brother sister, son or daughter of a British national settled in the UK.

Requirements In order to secure Indefinite Leave to remain in this category you must show that;

  • You require personal care to perform everyday tasks, such as washing and cooking
  • The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.
  • Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years.

The burden of proving the above is difficult which has resulted in very many refusals. We will advise you on whether it is worth you attempting such an application, as the requirements are extremely restrictive. Whilst you may have a genuine case, the UKBA have done all that they can to make this a difficult process. If you instruct us, a team of expert immigration advisers will look into your case, and if we feel that there are grounds to challenge these requirements, we will take your case as far as we can. As we have a partner firms and barristers chambers that we work closely with, we can challenge decisions as far as they will need to go.

Notwithstanding our work ethic, we advise you to consider the implications of making an application in this category if you cannot meet the above requirements. A refusal for Indefinite Leave to Remain will have a negative impact on your immigration status. If we feel therefore that your case is not likely to have a chance of success, we will consider alternative options with you. Call us no for a no obligation discussion of your situation.

Child Dependant Visa

For a child to qualify as a dependant, the child must be under the age of 18 (for non EEA child dependants), not leading an independent life, unmarried (or not in a civil partnership) and has not formed an independent family unit. You may ask - How can i obtain a visa for my child?

What visa can i obtain for my child?

For child dependants, in most cases the home office requires that both parent are in the UK with the child. However where just one of the parent is in the UK, the Home Office requires that the sponsoring parent (in the UK) must show that they have sole responsibility for the child or children as the case may be.

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Where one of the parent is in the UK and the other partner is overseas, and the sponsoring parent (in the UK) cannot show that they have sole responsibility for the child, they must provide evidence of a serious and compelling family or other considerations which make the exclusion of the child undesirable. In all the aforementioned instances, evidence of childcare arrangements must have been made.

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There is a difference in the age at which children are considered as dependants for non EEA and EEA applications. Where overseas non EEA nationals can only apply for child dependent visas for their children who are under the age of 18, the EEA nationals can apply under the same route for children up to the age of 21.

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However, it is important to mention that in both cases, a child who is not financially dependent on his parent (who are resident or settled in the UK), or are leading independent lives or are married or have formed an independent family unit will not be considered a ‘dependent child’.

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There have also been slightly complex situations where the parent in question are either separated and/or share custody of the child or children as the case may be. In these instances, the applicant must prove that they have had ‘sole responsibility” in the upbringing of the child and/children.

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It may be important to consult a good immigration lawyer to advice on the best way to present the peculiarities in proving sole responsibility.

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Child dependant UK visa applications can be grouped into 3 basic categories: –

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  1. Dependent Children of a person present and settled in the UK
  2. Dependent Children of a person who has limited leave to remain in the UK
  3. Dependent children of an EEA national exercising EC Treaty Rights in the UK

How we can help

We have a team of expert and experienced immigration lawyers that can assist you with your case. Call us to today for a free initial assessment 020 3744 2797 or send and email to info@reissedwards.com.

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Kind regards
Nancy Jacquard


 
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