I Have Indefinite Leave to Remain in the UK, How Can I Bring My Family Here?
Gaining Indefinite Leave to Remain offers you the chance to have your family members join you in the UK. While many visa routes offer the option to bring dependents to the UK, there may be a reason that you have waited until receiving Indefinite Leave to Remain before bringing other members of your family to the UK. Whatever your reasons, gaining Indefinite Leave to Remain opens up new avenues for you to bring family members to the UK. In this article, we are going to look at which family members you can bring, as well as the relevant information you need to make an informed choice about bringing family members to the country.
Spouse or Partner Coming to the UK to Join their Partner
If you have gained Indefinite Leave to Remain in the UK, you may wish to bring your spouse or partner to the country. The Spouse Visa route allows you to achieve this aim. While its name would appear to mean that it only applies to spouses, the visa actually covers marriages, Civil Partnerships and couples. In order to qualify, you will need to have been in a relationship for at least 2 years (proof of the relationship will be required), and also meet the other stringent eligibility criteria for the visa which is laid out here below:
- you're in a civil partnership or marriage that's recognised in the UK
- you've been living together in a relationship for at least 2 years
- have a good knowledge of English (may need to be proven depending on your partner's country of origin)
- can financially support yourself and your dependants
As long as you can meet this criteria, you will be eligible to apply for a visa that gives 2.5 years of stay in the UK which can be extended. If your partner stays in the UK for at least 5 years on a Spouse Visa, they will then be able to apply for Indefinite Leave to Remain. This is the ultimate goal for many who use the Spouse Visa route. If you need help with this visa then please get in touch. Our team of immigration solicitors can help to ensure that you have everything that you need to make a successful application.
Children Coming to Join Family Members in the UK
Another family member that you may be interested in bringing to the country is a child. Gaining Indefinite Leave to Remain also offers the opportunity for you to bring your child to the UK in order to live with you. The rules around this visa will generally apply to those under the age of 18, but there are exceptional circumstances where your child over 18 can apply (these are if you had permission to stay in the UK as a child, or you do not live an independent life). In order for an application to be made for a child to join a parent in the UK, you must ensure that at least one of the parents is applying for a visa (or extension) at the same time. In order to gain a visa for a child in the UK, you must ensure that the following eligibility criteria is met:
- The child must not be married, in a civil partnership or living an independent life
- The child must be financially supported without claiming public funds
As well as this criteria, the financial element will also form part of the adult's visa application. Due to the UK not being prepared to pay public funds for children arriving in the UK on a visa, there is a financial requirement for not only adults arriving in the UK, but an additional requirement based upon the dependents coming in as well. We cover this financial requirement in the financial considerations section.
As you are more than likely aware, the UK will not pay public funds to visa holders in the UK. This is so that the UK does not become a target for those who are purely moving to claim benefits. Each of the situations above has a financial element to the application which is laid out below: Minimum income for partner/spouse visa: 18,600 pounds per year This minimum income is based on a couple living together. If you wish to bring children to the UK you will need to earn at least an extra 3,800 pounds per year for your first child and 2,400 pounds per year for any additional children after the first. For example, a couple coming into the UK with two children will need to earn a minimum of 24,800 pounds per year (18,600 pounds for the couple - 3,800 pounds for the first child and 2,400 pounds for the second child) in order to satisfy the requirements of the visa. In order to satisfy the requirements of the visa, you will need to ensure that your income comes from a legitimate source, these include:
- income from employment before tax and National Insurance
- income you earn from self-employment or as a director of a limited company in the UK
- cash savings above 16,000
- money from a pension
- non-work income, for example from property rentals or dividends
You will be required to prove that this income exists (if you are self-employed, you will need to produce 6 months worth of evidence). For help with the financial element for any of the UK's family visas, get in touch with our immigration solicitors and our team will be able to help you to collate the information that you need.
Where Can I Get More Help?
Related article: A quick step by step guide to Family Visa income requirements