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Dependents / Family Members of Visa Holders

A Dependant visa enables overseas immediate family members of UK visa holders to come to join them in the UK. Within this category, we advise family members of various visa holders (“main visa holders”), including work, study, business, and ancestry visas. The Immigration Rules refer to either Points Based System Dependant or a Dependant visa. In essence both categories have the same purpose; to allow dependant family members to join the main visa holder in the UK.

Dependant visas are typically granted for the same duration as that given to the main visa holder. For example, if the main visa holder has a 2-year visa, the Dependant visa will also be granted for 2 years. In circumstances where the family member has joined the main visa holder in the UK recently but has not yet completed the qualifying period in the UK for Indefinite Leave to Remain (“ILR”), they will be permitted to keep extending their permission until such time arises.

Children born outside the UK must be under the age of 18 at the point of their first application as a dependant and prove they are dependent on their UK-based parent/s and not married or in a civil partnership. An interesting point to note is that the child will only be able to achieve ILR in the UK if both parents are present and settled or settling at the same time as the child. The only exemptions to this rule, are cases where the other parent is deceased, or the main visa holder has sole responsibility for the child.

 

Pitfalls

One of the core requirements of the route is evidence of sufficient funds in respect of financial maintenance. For unmarried partners it is necessary to prove that the couple is in a genuine relationship and that they intend to live together in the UK.

As a focused immigration firm, we provide friendly, responsive, accurate legal advice and information that you can rely on.  By instructing us to manage your entire family’s application for leave to enter the UK, you can be confident you receive right legal advice and strong legal representation.

 

Top Tips

Planning in respect of family relocations is crucial. Allowing the time for effective assessment of the eligibility criteria and requirements is essential in order to avoid refusal of the visa by the Home Office.

Given our expertise and experience we can enhance the chance that your dependent family members are permitted to accompany you to the UK – so that you can focus on your family relocation, without added stress and uncertainty.

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