Bringing a child to the UK under a dependant visa involves a number of legal hurdles and evidentiary requirements. Whether a parent is settled in the UK or holds a visa, understanding the intricate rules surrounding child dependant visas is vital to ensuring a smooth transition for families. As immigration policies evolve, it is essential to keep updated on the latest requirements and procedures for child visa applications. This article offers a detailed reflection on the key aspects of the UK child dependant visa and its broader implications for families.
Who Can Apply for a Child Dependant Visa?
A child dependant visa allows an overseas child to join their parent(s) living in the UK. Generally, the Home Office requires both parents to be settled in the UK. However, in cases where only one parent resides in the UK, the sponsoring parent must demonstrate sole responsibility for the child. If sole responsibility cannot be established, the parent must provide evidence of a serious and compelling family reason why the child should not be excluded from the UK.
Under the current immigration system, child dependant visas fall into three main categories:
- At least one parent is settled or applying for settlement in the UK:
Children can join their parents in the UK if at least one parent holds or is applying for Indefinite Leave to Remain (ILR). In this case, the child will be granted ILR as well, allowing them to stay indefinitely. - At least one parent holds or is applying for a partner visa:
If a parent holds or is in the process of applying for a family or partner visa, their child may also apply to join them. Typically, after five years, the child can apply for ILR, mirroring the parent’s immigration pathway. - At least one parent holds Limited Leave to Remain (LLR):
Many visa categories, such as the Skilled Worker, Health and Care Worker, Innovator, and Start-up visas, allow dependants to join visa holders in the UK. These children will be granted leave in line with their parents’ visa duration.
The Child Dependant Visa Requirements
The Home Office has established clear criteria for those applying under the child dependant visa route:
- The child must be under 18 and not married or in a civil partnership.
- The child must not live an independant life.
- The parents must meet the financial requirements. For example, those on long-term work visas must show they can support the child with a minimum of £315 for the first child and £200 for each additional child, with funds held for at least 28 days.
- The child must have suitable accommodation, meaning there are enough rooms for the family, in line with UK standards.
- Proof of relationship is crucial. If both parents are not present in the UK, the parent residing in the UK must have full parental responsibility or demonstrate that the child’s exclusion would be undesirable for compelling reasons.
Step-Children and Child Dependant Visas
For blended families, including step-children in the visa application may require additional documentation to satisfy Home Office regulations. This is due to the duty of care the Home Office must exercise to avoid breaking up family units. As part of the application process, parents must provide evidence that they are responsible for the child’s care and welfare, such as legal custody agreements, financial support, and permissions from the biological parent not living in the UK.
Step-children, just like biological children, must meet the same visa requirements. Therefore, it is highly recommended that applicants seek legal guidance from a qualified immigration solicitor to ensure that all necessary documents are provided and potential complications are addressed.
Financial and Accommodation Requirements
The financial threshold for child dependant visas varies depending on the immigration route of the parent. For instance, parents on long-term work visas need to show proof of sufficient funds—£315 for the first child and £200 for additional children. This money must be held for at least 28 days prior to applying.
For parents on the family visa route, the financial requirement is stricter. In addition to the base income requirement (£18,600 for the partner), the parent must demonstrate an additional income of £3,800 for the first child and £2,400 for each subsequent child. Applicants must also prove that they have suitable accommodation to house the family, ensuring there are enough rooms for each member.
Required Documentation for a UK Child Dependant Visa
To succeed in a child dependant visa application, the following documents will generally be required:
- Passports of both the child and the sponsoring parent.
- Birth certificate of the child.
- Evidence of the sponsoring parent’s immigration status, such as a BRP card or visa vignette.
- Proof of the relationship between the parent and the child, which may include photos, messages, or legal documentation if sole responsibility is claimed.
- Financial documentation, such as pay slips, bank statements, or a P60, to show adequate support funds.
- Accommodation details, such as tenancy agreements or mortgage documents.
- Parental consent, where applicable, if one biological parent remains overseas.
It is important to note that all documents not in English or Welsh must be accompanied by a certified translation.
Application Process and Costs
The child dependant visa application can be made either from outside or inside the UK, and the process generally involves the following steps:
- Complete the appropriate online application form, such as the Appendix FM form for family visa applications.
- Pay the relevant application fees, which differ depending on the visa route and duration. For example, the fee for a child applying as the dependant of a Skilled Worker visa holder ranges from £625 to £1,423, depending on the length of stay.
- Pay the biometric and Immigration Health Surcharge fees.
- Upload supporting documents and book a biometric appointment.
- Await the Home Office decision, which can take between 3 to 12 weeks depending on the visa category.
Settlement and Indefinite Leave to Remain (ILR) for Children
After residing in the UK for five years, children on dependant visas are generally eligible to apply for ILR. Once granted, ILR offers permanent residency status, allowing the child to live, study, and work in the UK without further immigration restrictions.
Final takes: Why Legal Advice is Essential
Applying for a child dependant visa can be complex, particularly in cases where parental responsibility or financial requirements need to be proven. The Home Office sets high evidentiary standards to ensure that the child’s inclusion is justified, making it crucial for applicants to prepare thoroughly.
Immigration solicitors with expertise in family visas can provide invaluable assistance, ensuring that all documentation is correct and all potential grounds for refusal are addressed. By engaging a qualified professional, applicants can minimise the risk of delays and refusals, ensuring a smoother process for bringing their children to the UK.
If you are considering applying for a child dependant visa or need further advice, contact our experienced immigration lawyers.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.