A dependant is a child, spouse or family member of the main applicant. The dependant visa route is designed for valid UK visa holders or EEA nationals who have spouses or children under the age of 18 in the UK.
To qualify as a dependant you must be one of the following: -
It is important to note that for dependants of EEA nationals, the child dependency age is capped 21 years old. It is important to note also that as a dependant, you do not have recourse to public funds. What this means is that you cannot claim benefits or subsidies from the government.
Dependant visa application
A dependant visa application can be made either inside the UK (in-country) or outside the country (out-country). It is important to note however, that the applicant (depend) must not be on a visit visa either in the UK or any country they are applying from. In-country applications means that they are already in the UK on some form of leave, they will be allowed to switch.
Applying as a spouse or partner
To apply as a spouse/partner under the dependant visa route you must be a spouse, unmarried partner or civil partner of a person with a valid leave to remain in the UK. It is important to note that if you are applying as an unmarried partner, you must have lived with your partner for at least 2 years.
If you are not sure of your requirements, it may be important to speak to one of our immigration solicitors to run through the best possible route and approach.
Applying as a Child dependant
The immigration rules also allow child dependants of point based system migrants to be granted leave to remain as child dependants. In order to be granted leave as a child dependant, the following rules must be met: -
The following comprise of exceptional circumstances where a child dependant application can still be made with only one parent in the UK.
Feel free to contact our family immigration advisers should you need help in making a dependant application.
The history of your husband’s immigration matter is complicated. This does not mean that it cannot be resolved. It does however mean, that we need to speak with you on a telephone call or an in-person consultation to efficiently gather the facts and properly assess the merits of his case. At this stage, I am not clear on all of the immigration history needed for me to be sure of where an application should be made. If your husband is by definition, on overstayer, he will struggle to make an application from inside the UK (although there may be an option, discussed further in this answer below).
You make reference to the applicant being your husband. You also say that the Home Office refused a visa application because you had not been living together for the past 2 years. If you are married, you are not normally expected to evidence 2 years of cohabitation. This will depend on whether you meet the definition of being legally married and it may be that this aspect of the application made had not been correctly reviewed by the decision maker. That said, even if the Home Office had accepted you were legally married, because he may be seen as an overstayer, he would also have to evidence that there is an insurmountable obstacle preventing him from making a visa application from his country of origin. Are you aware of him having any issues that may prevent him from travelling? Is there any reason as to why you personally, would need for him to remain in the UK to make his visa application?
I suggest that this case has two areas that we should explore in an initial free assessment:
As he was not informed that his Tier 4 visa was curtailed, was he given adequate notice to regularize his immigration status?
If he is an overstayer, are you legally married? If so, making an application for Entry Clearance as the spouse of a British national will be the option that has highest merits to succeed. This is because under the European Convention on Human Rights, if the applicant has an adverse immigration history (overstaying in this case), refusing his entry for the reason of overstaying alone is usually not acceptable. This is because it will also impact the private and family life of a British national, a right protected and enshrined in the Convention. We must establish that you are legally married if we are to pursue this option. If you are not married, we will need to evidence that you have lived in the same household for a period of 2 consecutive years. The Home Office have recently referenced you not satisfying this element of the rules, so we should also talk about this on our call.
As you are British, you are able to rely upon the UK immigration rules when sponsoring your husband’s visa. I have limited information to provide a conclusive direction, as I am not clear on how or indeed why he was issued a visa under the EU regulations at the first instance. A British national of whom lives in another EU member state is entitled to rely on either the UK immigration rules or EU regulations when applying for a visa, so it is certainly possible but I would like to understand the immigration history of your husband. The route that allows for Brits to rely in the EU regulations is enshrined by the jurisprudence in the case of Surinder Singh. I will assume, for now (and until we have the chance to have a call), that you have been able to correctly secure a Residence Card for your husband on the basis of him being defined as your family member and that you mean he has a UK issued Residence Card and not one issued by another member state. If this is not the case, you are welcome to correct me so I can amend my advice accordingly.
At the time of writing this answer, Brexit has actually happened with negotiations on a trade deal still taking place. This means that changing a Residence Card to Pre-settled status, which is a free application, would be a sensible option (Residence cards will soon have no value). Whilst you have suggested you want him to secure a visa using the UK Immigration rules, I do not believe this is in your interests in both a financial sense and with what it will achieve for your husband, in the long term. Pre-settled status will allow for him to remain in the UK with you and work, if he would like to work. Once 5 years have been completed, he can then make an application for settled status and then for naturalization immediately after.
If we consider the UK immigration rules in the alternative to pre-settled status, you will need to consider the following requirements:
Do you earn £18,600 per year and have done so for at least 6 months (more if self-employed)?
Do you have suitable accommodation for you and your husband?
Does your huband meet the English language standards?
Do you have around £2500 to pay the Home Office for the visa and the NHS.
There are other factors to consider with a UK spouse visa application, which we are able to run through in more detail with our free initial immigration consultation. It may be that there are complications that will adjust the advice that I have offered above however, on the information to hand I am confident that pre-settled status is the best option for both cost and objective.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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