Dependant Family and Relatives of UK visa
At LUPINS, we are renowned for our outstanding representation of those wishing to join family members and loved ones in the UK.
Please note that the advice below is no substitute for seeking advice directly from one of our experts as every case is different and legally and factually unique.
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Children of British or settled parents
If your child is under 18 years of age, lives outside the UK and they have a parent or relative who is settled in the UK, they could be eligible to apply to come to the UK and settle here.
If you are a parent and are applying for limited leave to remain in the UK and your parent is British or partner is settled in the UK you may also be able to apply for your child to come and remain in line with you.
You can apply for indefinite leave to enter the UK for your child if they are coming to the UK to live with both of their parents and both parents either have British citizenship or indefinite leave to remain.
If your child is coming to the UK to live with only one parent, then one of the following must apply;
- One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
- One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
- One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
If neither of the child’s parents are in the UK then they can only apply to come to the UK to live with another relative when; The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Sole responsibility means that although both parents may be alive, one parent is absent and the parent making the application must show that they are the parent who makes all the important decisions in their child’s life. So although the child might reside in a different country, with for example extended family; the UK based parent, will need to show that they are the one who is solely responsible for their child.
If your child is eligible to apply you will also need to show that there is adequate accommodation and maintenance for them, without them having to rely on public funds.
You will need to show that they are related to the parent or other relative as claimed; and that they are under 18 at the date of application; and that they are not married or leading an independent life.
Our overriding aim, is to not only ensure that you obtain your visa to enter the UK, but also to make sure that you are in the best possible position to make a successful application for your extension of stay and ultimately settlement. Once you have been settled in the UK for 12 Months, you may be eligible to apply for Naturalisation as a British Citizen should you so wish. At LUPINS, we can also help you with your applications for British Nationality.
If your application is accepted then your child should be granted indefinite leave to enter the UK.
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Children whose Parents have limited leave to remain
If your child under 18 years of age is living outside the UK and their parent has or is applying for Limited Leave as a partner or relative or someone who is settled in the UK, then your child might be eligible to apply to come to the UK as well. For example if you have or are applying to join your partner in the UK and want to apply for your child you join you.
To qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, your child must be able to demonstrate that;
- They are the child of a parent who is in the UK as a partner, or applying to come to the UK as a partner;
- The child’s parent’s partner is also the child’s parent, unless either:
- The child’s parent has sole responsibility for the child; or
- There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
If your child is eligible to apply you will also need to show that;
They are under 18 at the date of application; the exception to this is when your child is applying to extend leave already granted and they have now reached the age of 18 but have not yet reached settlement.
They are not married or living an independent life;
There is adequate accommodation and maintenance for the child, without relying on public funds.
The UK based parent will also need to demonstrate that they satisfy a financial requirement that they have a gross annual income of at least: £18,600; plus £3,800 for a first applicable child and £2,400 for each additional applicable child.
The annual income can come from a number of sources including employment, savings and investments. You can sometimes rely on a combination of sources of income to satisfy the financial requirement. These requirements are complex. At LUPINs we will advise you in detail on what you will be required to provide as evidence in order to fulfil this requirement and secure a successful outcome.
If your child’s application is granted they should be granted leave in line with their parent’s leave. They may be able to apply for indefinite leave once their parents can.
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Adult Dependent Relative
To apply as an adult dependent relative you must be outside the UK and need long-term care from a parent, son, daughter, grandchild, brother or sister, who is living permanently in the UK.
Your UK based relative must be a British citizen or settled in the UK or have refugee status or humanitarian protection in the UK. You will need to demonstrate that, as a result of age, illness or disability, you require a level of long-term personal care that can only be provided by your relative(s) in the UK and without recourse to public funds.
If you want to join your UK based relative you must show all of the following:
- you’re 18 or over
- you need long-term care to do every day personal and household tasks because of illness, disability or your age
- the care you need is not available or affordable in the country you live in
- the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years.
As can be seen the requirements are stringent and it can be incredibly difficult to demonstrate that there is no care at all in your relative’s home country. It is vital that these applications are made with all the relevant documentation and evidence. We therefore advise that you contact LUPINS for expert assistance at the outset.
If you are successful you will be granted indefinite leave if you applied to join a family member who is British or settled in the UK. If your family member has refugee status or humanitarian protection in the UK you will need to apply to extend or settle when they do.
Many applications are refused because the documentation submitted is not in the correct format. At LUPINS, we will make sure that you have all the required documentation in support of the application so as to ensure you have the best chance of success.
If you come to LUPINS, you will get the result you want.
If there is a way, we find it and do it for you.
If there is no way we tell you, and don’t waste your time.
Where there is a way, we will deliver.
Lawrence Lupin – Founding Director
LUPINS support you all the way:
We will advise and assist you in completing the application forms. We will make detailed representations in support of the application setting out clearly why the application should succeed, highlighting the documentation we are submitting, your specific circumstances and how this proves you meet all the requirements.
Put simply, at LUPINS we can ensure that your application is made correctly and efficiently, checking you meet all the eligibility requirements, and our immigration experts will hold your hand throughout the process.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.