A child dependent visa allows an overseas child to join a parent who is living in the UK.
Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss your child dependent visa application.
If you are considering bringing your child to the UK, you will need to consider their rights under the different child dependent visa routes. In order to qualify, you will need to prove their reliance on you and that you have the resources necessary to support them while they are in the UK.
A child dependent visa allows an overseas child to join a parent who is living in the UK. In most cases, the Home Office requires that both parents should be in the UK with the child. However, where just one of the parents is in the UK, the sponsoring parent based in the UK must show that they have sole parental responsibility for the child or children.
Where one 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 reason or other considerations which makes the exclusion of the child undesirable.
Under the UK’s immigration system, child dependent visa applications are grouped into 3 categories:
Where the parent of a child is a settled person (e.g., they hold ILR), the child can apply to join them here in the UK and will be granted ILR. A parent may settle in the UK in a number of ways. Typically, they will have lived here for a certain amount of time to qualify for ILR (normally 5 years) while holding a work visa or other visa type.
Where a child has one parent who has acquired or is in the process of applying for a partner visa under the family visa scheme, that child can join their parent in the UK. Child dependents must be dependent on the partner visa applicant. It is possible to apply at the same time as their parent or separately at a later date. After living in the UK with their parent for a qualifying time (typically 5 years), the child will be able to apply for Indefinite Leave to Remain.
A number of long-term visa categories allow holders to bring dependents with them or to join them while they are in the UK; these include the:
Dependent children are normally given leave to enter or remain based on the time granted to their parents. They are also able to apply for renewal in line with their parent’s extension applications. Once the child has completed 5 years in the UK, they can then apply for ILR. In order to be eligible for permanent residence, the child needs to remain living with the sponsoring parent.
Step-children can be included in a child dependent visa UK application, however, more evidence may be required in order to satisfy the Home Office immigration rules. The Home Office has a duty of care to ensure that the decisions they make do not result in the unintended break-up of a family unit. In the context of a step-family, they will want to see evidence that family arrangements are such that the main applicant or their partner is legally responsible for the care and welfare of the child. As such, the applicant will need to provide clear evidence that they:
If there is any doubt that the main applicant or the dependent partner has legal custody and is responsible for the care and welfare of the child, then the Home Office may refuse the application or seek further clarification. It is for this reason that it is recommended anyone applying for a dependent visa for a step-child should seek the advice and assistance of immigration solicitors in the UK who will ensure that all possible reasons for refusal are mitigated and all of the evidence needed is provided.
Our specialist child immigration lawyers can explain the fastest and easiest way to gain a dependent UK child visa based on your circumstances and needs. Contact us today for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.
There are several child visa requirements which must be met to secure a dependent child visa UK. Children are not required to prove their knowledge of the English language. Applicants must, however, show evidence that they meet the following:
Long-term visa applicants (e.g. Skilled Worker visa applicants) who wish to bring their dependent children to the UK must show evidence of sufficient support funds. This is £315 for the first child and £200 for each additional child. This money must have been held for at least 28 days before applying.
Under the family visa route, the main visa applicant must show evidence of earning an additional annual income of £3,800 (for the first child applicant) and £2,400 (for all subsequent child applicants), in addition to the £18,600 per annum minimum income requirement.
A dependent child must be under 18 years, not married (or in a civil partnership), and not living an independent life. If the child is over 18 years, it may be possible for them to apply if they previously received permission to stay in the UK when they were under 18 and they are not living an independent life.
If the child is not living in the UK with both parents, the parent they will be living with must have “parental responsibility” for them. The Home Office will need to see evidence showing that the UK based parent has full legal responsibility for the child in order to grant a child dependent visa.
The Home Office will also check that arrangements for the child’s care and accommodation in the United Kingdom comply with relevant legislation and regulations. This means that the UK sponsor must have exclusive use of the property and that there are sufficient rooms for the family to live in.
To apply for a child dependent visa UK, a number of documents will be requested by the Home Office, including (please note this list is not exhaustive):
The main steps that will must be completed to gain a UK dependent visa are as follows:
The visa fees for a dependent child visa are as follows:
|
Application fee |
Applying outside the UK |
Applying inside the UK |
|
Dependent child (family visa route) |
£1,538 |
£1,048 |
|
Dependent child (dependent of long-term visa holder – e.g., work visa) |
up to 3 years - £625 per person more than 3 years - £1,235 per person |
up to 3 years - £719 per person more than 3 years - £1,423 per person |
|
Dependent child of a settled person |
£2,404 |
£2,404 |
Other fees include:
BRP fee: £19.20
Immigration Healthcare Charge (provides access to the UK’s National Health Service): £470 per child per year.
The processing time for a UK child dependent visa depends on the route chosen, as follows:
Dependent child visa UK (family visa route): If you apply outside the UK, you can expect to receive a decision within 12 weeks. Where applying inside the UK, decisions are made within 8 weeks.
Dependent child visa UK (dependent of long-term visa holder – e.g., work visa): A decision is typically made within 3 weeks of applying.
Dependent child visa UK (child of a settled person): A decision is typically made within 6 weeks of applying.
If necessary, you may be able to use the super-priority processing service for a fee of £800 for a decision by the end of the next working day
A child with a dependent visa will normally be able to settle (i.e., gain ILR) once they have been living in the UK for a certain period. The ILR qualifying time is 5 years in most cases. When the parent/s gains ILR in the UK, the child can apply for ILR at the same time.
Our immigration lawyers can handle your child’s leave to remain extension or ILR application process for you. Contact us today for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.
References
1 GOV.UK: Appendix FM
