Family related visas include the following categories:
Partners or Spouses – this includes spouses, civil partners and unmarried/same sex partners of British citizens, persons settled in the UK or migrant workers/ students;
Children – children (including adopted) of migrants who have temporary or permanent permission to live in the UK;
Elderly dependant relatives – elderly dependants (parents, grandparents or other elderly dependants) of migrants who have permanent permission to live in the UK.
Partners/spouses of the following people can obtain a partner/spouse visa:
- partners/spouses of British citizens and people settled in the United Kingdom;
- partners/spouses of migrant workers or students.
Spouses, civil partners and unmarried/same-sex partners are defined as partner/ spouse under UK Immigration Law. If the partner/spouse visa is successful the UK Border Agency will issue a two year visa. When this visa expires, the partner visa holder can apply for indefinite leave to remain. Anyone who obtained a spouse visa on or after 9 July 2012 will have to live in the UK for 5 years before applying for indefinite leave to remain.
In order to obtain the partner/spouse visa, applicants need to prove that they are 18 years old or older.
Partners/spouses of British citizens or settled migrants in the UK are entitled to join their partners/spouses in the UK. Initially they obtain a dependent/spouse visa for 2 years as a probationary period, at the end of which they may be able to apply for indefinite leave to remain subject to their eligibility.
In order to obtain a partner/spouse visa it is mandatory to meet the following requirements:
- either be legally married or in a civil partnership that is recognised in the UK;
- partner/spouse must be either a British citizen or present and settled in the UK;
- intend to live together permanently in the UK;
- the couple must be able to financially support themselves without claiming any public funds from the British authorities;
- have accommodation in the UK;
- the applicant and partner/spouse must not be under 21 years old.
For unmarried or same-sex partners (as well as the above) it is also mandatory to meet the following requirements;
- any previous marriage, civil partnership or similar relationship has permanently broken down;
- partners have been living together in a relationship similar to marriage or civil partnership for two years or more.
Children of people who have limited permission to enter or remain in the United Kingdom as a worker or a student:
Children under 18 years old may enter the UK as dependants of the main visa holder who has limited permission to enter or remain in the UK as a worker or a student.
In order to bring their children, migrant workers/students must meet the following requirements:
- the migrant must have permission to enter the UK temporarily;
- one of the parents must be either settled in the UK or have limited leave to remain/enter;
- one of the parents must have sole responsibility for the child;
- there must be sufficient accommodation for the child to live with its parents in the UK;
- the main applicant is the child’s parent (stepmothers and stepfathers are also considered as parents).
There are also requirements for the child, which are as follows:
- the child has not created his/her independent life;
- the child is not married;
- the child is not over 18 years old;
- the child is financially dependent of its parents.
The child must obtain permission to enter the UK as a dependant of his/her parents, and normally the visa will be issued for the same length of time as the parents’.
It is also possible to bring children who are over 18 years old to the UK as dependants of their parents. Please contact us for advice.
Elderly Dependent Relatives
Elderly dependent relatives (parents, step-parents, grandparents etc.) of a British citizen or a person settled (i.e. who has permanent residence) in the UK can enter the UK as their dependants, but need to prove the following:
- the elderly dependent relative must be financially wholly dependent upon the British citizen or person settled in the UK;
- it must be possible for them to be fully maintained and accommodated by the sponsor without claiming public funds from UK authorities, where the sponsor owns or occupies solely the accommodation used;
- the elderly dependent relative(s) must not have other close relatives in their country of residence/origin who could financially support them;
- the elderly dependent must be 65 years old or older;
It is also possible to bring an elderly dependant who is under 65 years old to the UK in exceptional compassionate circumstances. Please contact us for a consultation.
How can we help you?
- We can assess your eligibility and advise you on visas for spouses, unmarried partners, same-sex partners, and civil partners.
- We can assist and obtain a spouse, unmarried, same sex and civil partner visa for you either in the UK or overseas subject to eligibility.
- We can assess, advice, assist and obtain a 18 year old or child visa for your dependants.
- We can assess, advice, assist and obtain an elderly dependant visa for family members over 65 years of age.