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May Joining Your Family in the UK and Gaining Assistance With Your Visa Application 1

Joining Your Family in the UK and Gaining Assistance With Your Visa Application

Of all of the work we do as immigration Solicitors in London, the most satisfying and rewarding is helping family members, including spouses, partners, children, and parents, to be reunited with their loved ones in the UK. Given the importance of getting immigration applications for family members correct, it is essential to have a strong understanding of the various family immigration routes available and the rules and criteria which apply for each. In this article, we will outline the main options to enable non-UK nationals to reunite and live with their spouse, partner, children, or parent in the UK for longer than six months.

What Are The Main Categories Of Family Visa?

There are several family-based immigration routes in the UK, including:

  • spouse or partner
  • fiancé, fiancée or proposed civil partner
  • child
  • parent
  • relative who’ll provide long-term care for you

You will be able to make a family visa application if you are currently outside of the UK and wish to join your family member, or if you are currently in the UK on a different visa type (e.g. a work visa) – this is referred to as ‘switching’.

UK Spouse Or Partner Visa

Under this visa route, non-UK nationals can apply to join their spouse or partner in the UK. The UK based spouse or partner must be one of the following:

The rules state that to make a successful application, you will need to provide evidence that you are both in a civil partnership or marriage that’s recognised in the UK, or you have been living together in a relationship for at least two years when you apply. It is also possible to apply if you are a fiancé, fiancée, or proposed civil partner and will marry or enter into a civil partnership in the UK within six months of arriving. You must also have good knowledge of English and be able to financially support yourself and your dependants. The English language requirement will be met if you have passed a CEFR level A1 speak and listening test in English or if you have a degree that was taught in English. The financial requirements state that you and your partner must have a combined income of at least £18,600 a year and £3,800 for your first child and £2,400 for each child you have after your first child.

If granted, you will be given permission to remain in the UK for up to two years and nine months, at which point it can be further extended for another two and a half years. After five years in the UK, you will be able to apply for permanent settlement (ILR).

UK Child Visa

If you are a non-UK child of a person living in the UK, you will be able to apply for a family visa to join them. It is important to check if you need to apply for a child visa as if they are already permanent residents, you can apply for the same status. Likewise, if they have settled or pre-settled status through the EU Settlement Scheme, you can apply through the same scheme. If neither of the above applies, you will be able to apply for a child family visa as long as:

  • you are not married, in a civil partnership, or living an independent life
  • you are financially supported by your parent/s without claiming public funds
  • if you are 18 or over, you last received permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18

Children can either be added to their parent’s application or if this is not possible, they can apply separately.

UK Adult Dependant Visa

The UK family visa system also enables adults to come to the UK to be cared for by a relative – this is referred to as the adult dependant visa. The rules state, “You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK”. To apply, your relative in the UK must be one of the following:

  • a British or Irish citizen
  • a person who has settled in the UK - for example, they have indefinite leave to remain, settled status, or proof of permanent residence
  • a person from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status
  • a person with refugee status or humanitarian protection in the UK

Applicants whose family member is British or has settled in the UK (not EU pre-settled status) can remain indefinitely, as long as all of the following apply:

  • the applicant requires long-term care for everyday personal and household tasks due to illness, disability, or age
  • the care needed is not available or affordable in their country of residence
  • the person they are joining in the UK will be able to support, accommodate and care for them without claiming public funds for at least five years
  • they are 18 or over

Final Words

The family visa system enables close family members from outside of the UK to come to the UK to be with their loved ones. If you need assistance with your application, to confirm the best route for you and your family, or to check your eligibility, speak to an immigration Solicitor who will guide you through the process.

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ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge
Lexology Legal Influencers Lexology Legal Influencers

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

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thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

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Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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