The Child Dependant visa allows children from overseas to join their parents or guardians who are residing in the United Kingdom. Although the term “dependent visa” was once used commonly, it now falls under the broader umbrella of the family visa category. This type of visa forms an important part of the UK’s family visa category, allowing families to stay and live together in Britain.
The eligibility and requirements for a Child Dependant visa differ based on the immigration status of the parent or guardian in the UK. If the parent is a settled resident in the UK or applying for settlement, the child may qualify for Indefinite Leave to Enter (ILE), granting them a permanent right to reside in the UK.
In cases where one parent holds, or is applying for, a partner visa (often as the spouse of a British citizen or settled person), the child can apply to stay in the UK for the same duration as the parent’s visa. Once the parent qualifies for settlement, the child may also apply for Indefinite Leave to Remain (ILR).
For parents on temporary visas such as the Skilled Worker or Student visa, the requirements differ. In these cases, the child’s eligibility is tied to the parent’s temporary visa status, and they are usually granted permission to stay for the same length as the parent’s visa.
In this guide, we will cover each of these pathways in detail to help families understand the criteria and steps involved in bringing their children to the UK under the Child Dependant Visa route.
Section A: What is the Child Dependant Visa?
Dependant children are able to come to the UK on the basis of their parental relationship, where their parent holds one of a number of types of immigration status in the UK.
Child Dependant visas are intended for children who rely on their parents for financial and emotional support. Typically, the child must be under 18 years old at the time of application, unmarried, and not leading an independent life. However, there are exceptions for children who turn 18 during the application process or under special circumstances, such as those requiring continued dependency due to illness or disability.
The visas apply to various forms of child-parent relationships, including:
a. Biological children: A natural child of the parent applying for the visa.
b. Adopted children: Legally adopted children qualify for the visa as long as the adoption is recognised under UK law or the laws of the child’s country of origin.
c. Step-children: Children from a parent’s previous relationship, provided the parent has sole or shared responsibility for the child.
d. Children under guardianship: This includes children for whom the applicant holds legal guardianship, supported by relevant documentation proving the relationship.
Section B: Types of Child Dependant Visas
The Child Dependant Visa in the UK allows children to join their parents under various circumstances, depending on the parent’s residency or visa status. The requirements and entitlements vary based on whether the parent is a settled resident, has limited leave to remain, or holds a temporary visa.
1. Children of Settled Parents
When one or both parents are settled in the UK (e.g., hold Indefinite Leave to Remain, settled status, or British citizenship), children are eligible to apply for a visa that provides a more stable immigration status. This visa route is often more straightforward and may allow the child to enter the UK permanently.
a. Eligibility Requirements
The child must be under 18 years of age at the time of application, unmarried, and not living an independent life. Both parents must be either settled in the UK or one parent must be settled, with the other being admitted for settlement or deceased.
If only one parent is in the UK, they must have sole responsibility for the child’s upbringing, or there must be compelling family or other considerations that make the exclusion of the child undesirable.
b. Indefinite Leave to Enter (ILE)
Children joining settled parents may be eligible for Indefinite Leave to Enter (ILE). ILE is equivalent to Indefinite Leave to Remain (ILR) but is granted from abroad, allowing the child to live in the UK without time restrictions.
Children granted ILE are entitled to stay in the UK indefinitely, giving them access to education, healthcare, and a pathway to British citizenship.
Applications for ILE where only one parent is settled in the UK, or where sole responsibility or compelling circumstances apply, may face higher scrutiny from the Home Office, and it is essential to provide thorough evidence to support these cases.
2. Children of Parents with Partner Visas
Children with a parent who is in the UK on a partner visa (as the spouse or partner of a British citizen or settled person) are eligible to apply for a dependant visa. This allows them to join the parent in the UK and remain with them throughout the duration of the parent’s visa.
a. Eligibility Requirements
The child must be dependent on the parent who is on the partner visa, meaning they rely on the parent for financial and emotional support. The child must be under 18, unmarried, and not leading an independent life.
b. Visa Duration and Extension
A child can apply for permission to enter or stay in line with the parent’s visa duration, meaning the child’s visa will expire at the same time as the parent’s partner visa.
Once the parent completes the qualifying period and applies for Indefinite Leave to Remain (ILR), the child may also apply for ILR in line with their parent.
Children can apply either at the same time as their parent’s initial partner visa application or separately at a later date, depending on family circumstances.
3. Children of Parents with Limited Leave to Remain (Temporary Visas)
When the parent holds a temporary visa (e.g., Skilled Worker, Innovator, Student), children can apply for a dependant visa to join them in the UK. However, the requirements and entitlements under this visa route differ from those of children of settled parents, as it does not grant permanent residency.
a. Eligibility Requirement
The child must be under 18 years old, financially dependent on the parent, unmarried, and not living an independent life.
The parent’s visa type must allow dependants. Common visa types permitting dependant visas include the Skilled Worker, Health and Care Worker, Global Talent, Innovator, Student, and British National (Overseas) visa categories.
Children of Skilled Worker visa holders are eligible for a dependant visa for the same length as the parent’s visa. The parent must meet specific financial requirements to support the child, which may vary based on the visa type.
Children of Student visa holders can also apply to join their parent, provided the parent meets the financial requirements for supporting dependants.
The Global Talent and Innovator Visas allow for dependants, but the eligibility criteria and financial requirements are strict, ensuring that the parent can support the child without relying on public funds.
b. Visa Duration and Pathway to Settlement
For children of temporary visa holders, the visa duration is typically aligned with that of the parent’s temporary visa.
Children on this route may apply for visa extensions in line with their parent’s visa renewals. After completing a qualifying period of residence, usually 5 years, the child can apply for Indefinite Leave to Remain (ILR), provided they have lived with the parent throughout this period.
Section C: Eligibility Requirements
To qualify for a Child Dependant Visa in the UK, applicants must meet specific eligibility requirements that verify the child’s dependency on the parent, the parent’s responsibility for the child’s care, and the family’s ability to support the child in the UK.
1. Age and Dependency
For a child to be eligible for a dependant visa, they must meet certain age and dependency criteria to demonstrate that they rely on their parent or guardian in the UK.
The child must be under 18 years of age at the time of application. Once granted, this status can be extended even if the child turns 18 while in the UK, as long as they continue to meet other dependency requirements.
If the child is over 18 but has previously held a dependant visa while under 18, they may be eligible to extend their visa provided they are still dependent on the parent.
The child must not be married, in a civil partnership, or living an independent life. This means they should still be financially, emotionally, and practically reliant on their parent or guardian.
The Home Office assesses dependency based on various factors, including whether the child is living with the parent and if they rely on the parent for essential support.
2. Parental Responsibility and Sole Responsibility
For children with only one parent residing in the UK, the concept of sole parental responsibility is used to determine the child’s eligibility for a dependant visa. To rely on this, the Home Office will require evidence that the parent in the UK has primary responsibility for the child’s upbringing.
Sole parental responsibility indicates that the parent residing in the UK has been the primary decision-maker for the child’s welfare and daily needs. Sole responsibility is particularly relevant when the child’s other parent is not involved in their care or is living abroad and has delegated responsibility to the parent in the UK.
Documents showing that the parent has sole custody or legal responsibility for the child are essential, especially in cases where the child’s other parent is abroad. Evidence demonstrating that the UK-based parent makes the primary decisions about the child’s schooling, healthcare, and overall welfare will also be needed, such as letters from schools, healthcare providers, or other relevant organisations.
Proof of financial and practical support is also required, such as bank statements, remittance records, and other documents showing that the UK-based parent provides financial support and practical involvement in the child’s life.
In cases where both parents share responsibility or where the child will be joining both parents in the UK, proving sole responsibility is not required. However, evidence of a shared parental role may still be necessary for the application.
3. Accommodation and Financial Requirements
To support a child in the UK, the parent or guardian must demonstrate that they have adequate accommodation and financial resources. These requirements are in place to ensure that the child can be provided for without reliance on public funds.
The parent must have suitable accommodation in the UK, ensuring that there is enough space for the child and that the living arrangements meet UK housing standards. Proof of accommodation could include tenancy agreements, mortgage documents, or a letter from a landlord confirming that the family has exclusive use of a property with adequate rooms. The Home Office may assess the property’s suitability, especially in cases where other family members are already living in the household.
Importantly, parents must show that they have sufficient income or savings to support the child without relying on public funds. The exact financial threshold depends on the parent’s visa category.
For parents under the family visa route, the primary applicant must earn an additional £3,800 per annum for the first child and £2,400 for each additional child, on top of the standard income threshold (e.g., £18,600 or higher).
For parents on temporary visas (e.g., Skilled Worker), they must show they have £315 for the first child and £200 for each additional child, with these funds maintained for 28 days before the application.
Section D: Financial Requirement for Child Dependant Visa
Meeting the financial requirement is a critical part of the Child Dependant Visa application. Parents or guardians must demonstrate that they have sufficient income or savings to support their child in the UK without relying on public funds. This requirement ensures that families have adequate resources for accommodation, daily expenses, and the overall welfare of the child. The specific financial thresholds vary depending on the parent’s immigration status, including settled parents, those on partner visas, and temporary visa holders.
1. Income and Savings Thresholds
The threshold rules vary by visa category of the parent:
a. Settled Parents (e.g., with Indefinite Leave to Remain)
For settled parents or those applying for Indefinite Leave to Enter/Remain (ILR/ILE), the financial requirements are generally higher, reflecting the need for long-term financial stability. A parent in this category must demonstrate an annual income of at least £29,000 or have cash savings totalling £88,500.
Income from various sources, such as employment, self-employment, or other approved means, may be combined to meet this threshold. If using savings, it is essential that the required amount has been held consistently for a specified period before the application date, demonstrating stable financial security.
b. Partner Visas
For parents on a partner visa under the family visa route, additional income is required based on the number of child dependants. Specifically, the applicant must show a minimum income of £18,600 plus £3,800 for the first child. For each additional child, an extra £2,400 is required, with the total income requirement capped at £29,000.
Applicants can use a combination of income and savings to meet this threshold if necessary. Savings alone can also satisfy the requirement, but they must be held in full prior to application to count towards the financial threshold.
c. Temporary Visas (e.g., Skilled Worker, Student)
For parents on temporary visas that allow for dependants, such as the Skilled Worker, Student, or Global Talent visas, the financial requirement is slightly lower, yet still must be met to apply successfully. A parent must show evidence of £315 for the first child dependant and £200 for each additional child.
These funds must be held continuously for at least 28 days before the application date. Acceptable sources of funds include employment income, bank savings, or employer-provided support, provided they meet the Home Office’s financial guidelines.
2. Evidence of Financial Capability
Meeting the financial requirement requires clear documentation of financial resources, typically through the following forms of evidence:
a. Bank Statements: Recent statements showing consistent income and sufficient savings to meet the required thresholds.
b. Payslips and Employment Confirmation: Recent payslips, as well as a letter from the employer (where possible), confirming the applicant’s salary and job stability.
c. Savings Account Statements: For those relying on savings, account statements showing the necessary funds have been held for the specified period.
You must provide accurate and comprehensive financial evidence, as failing to meet these requirements may result in a visa denial or requests for additional documentation, causing delays.
3. Change in Thresholds: Transitional Provisions
The Home Office has introduced transitional financial requirements for parents who were granted entry clearance or permission to stay as a partner before 11 April 2024. These provisions allow families who applied under previous financial rules to meet a reduced income threshold, accommodating those who structured their finances based on the earlier regulations.
For parents with partner permission granted before 11 April 2024, the financial requirements differ slightly from the updated thresholds:
a. The sponsoring parent or their partner must demonstrate an annual income of £18,600.
b. For the first child dependant, an additional income of £3,800 is required.
c. For each subsequent child, a further £2,400 must be added, with the requirement capped at £29,000.
For those applying under these transitional provisions, it is necessary to submit documents showing that the primary applicant initially applied before 11 April 2024. The financial evidence required for transitional cases follows the same format as standard applications, including recent bank statements, payslips, and savings account statements where applicable.
Section E: Application Process
The application process for child dependants may vary slightly depending on the child’s and parent’s circumstances, but all applications must provide sufficient evidence to meet the eligibility requirements.
1. Step-by-Step Guide
The following are the general steps to apply for a Child Dependant visa:
Step 1: Check Eligibility
Before starting the application, ensure that the child meets all eligibility criteria, including age, dependency, and the parent’s immigration status in the UK. Verify that all required documentation is available and complete.
Step 2: Complete the Online Application Form
Begin the application by completing the relevant online form on the UK government’s official immigration website.
If the child is joining a parent under the family visa route, the Appendix FM online form is required. The form gathers detailed information about the child, the parent(s), and the family circumstances.
Double-check all details to avoid delays or errors that may lead to a request for further information.
Step 3: Pay the Visa Application Fee
The application fee varies depending on whether the application is made from outside or inside the UK, as well as the parent’s visa category.
The Immigration Health Surcharge (IHS) must also be paid as part of the application. This surcharge provides the child with access to the UK’s National Health Service (NHS) during their stay.
Step 4: Biometrics Appointment
Schedule a biometrics appointment at the nearest Visa Application Centre (VAC) if applying from outside the UK or a UK Visa and Citizenship Application Services (UKVCAS) centre if applying within the UK.
At the appointment, the child’s fingerprints and photograph will be taken as part of the application process. Bring the appointment confirmation and any necessary documents.
Step 5: Submit Supporting Documents
Documents may be uploaded online through the application portal or presented at the biometrics appointment, depending on the requirements set by the Visa Application Centre.
Ensure that all documents are clear, legible, and, if not in English, translated by a certified translator.
Step 6: Wait for a Decision
Once the biometrics appointment is completed, the application will be processed. Standard processing times vary: applications made from outside the UK typically take up to 12 weeks, while applications from within the UK generally take up to 8 weeks.
For faster processing, priority and super-priority services are available in some cases for an additional fee, reducing decision times significantly.
2. Supporting Document Requirements
One of the most common areas of delay or refusals for visas is the supporting documentation. While the specific documents to provide will depend on the specific circumstances of the applicant and the application, the following is a general list that should be provided as a minimum:
a. Essential Documents
[Insert table 2: Essential Documents]b. Additional Documents for Specific Cases
[Insert table 3: Additional Documents]The Home Office may request additional information if certain documents are unclear or missing, so it is essential to ensure that all requirements are met before submission.
Section F: Costs and Processing Times
Applying for a Child Dependant Visa in the UK involves specific fees and processing times that vary based on factors such as the child’s location, the parent’s visa type, and whether priority services are selected.
1. Application Fees and Charges
The fees for a Child Dependant Visa vary depending on whether the application is submitted from inside or outside the UK, and on the visa category of the parent.
For children applying from outside the UK under the family visa route (for children of settled parents or those on a partner visa), the standard fee is £1,846 per child. If the child is applying under the temporary visa route (as a dependant of a work or study visa holder, such as a Skilled Worker), the fee is £625 per child for a visa duration of up to three years or £1,235 per child for visas longer than three years.
For applications made from inside the UK under the family visa route, the fee is £1,538 per child for children of settled parents or parents on a partner visa. For those applying under the temporary visa route from within the UK, the fee is £719 per child for visas up to three years and £1,423 per child for visas over three years.
If the child is applying as the dependant of a settled parent, the fee is £2,404 per child, regardless of whether the application is submitted from inside or outside the UK.
Applicants should check the latest fees on the official UK government website, as these fees are subject to change and may vary based on exchange rates if applying from abroad.
There are also several additional charges associated with a Child Dependant Visa application.
The Immigration Health Surcharge (IHS) grants the child access to the UK’s National Health Service (NHS) for healthcare during their stay. The IHS costs £624 per year per child and must be paid upfront for the full duration of the visa. For instance, a three-year visa would require an IHS payment of £1,872.
A Biometric Enrolment Fee of £19.20 is also required to capture the child’s biometric information, including fingerprints and a photograph.
Applicants who need faster processing can opt for Priority and Super-Priority Services. The Priority Service offers a quicker decision, typically within 5 working days, for an additional fee of around £500. For even faster processing, the Super-Priority Service provides a decision by the end of the next working day after the biometrics appointment, for an additional £1,000.
However, these expedited options are only available in certain cases, depending on application location and service availability. Applicants will be advised when making their application if fast-tracked processing is available.
2. Processing Times
Typical processing times for a Child Dependant Visa vary depending on the application route and location.
For standard processing times, applications submitted from outside the UK under the family visa route generally take up to 12 weeks from the date of biometrics submission. For children applying as dependants of parents on temporary visas, such as the Skilled Worker visa, the decision is typically made within 3 weeks.
For applications submitted inside the UK, children applying to extend or adjust their visa under the family visa route usually experience a processing time of up to 8 weeks. Similarly, applications for children of parents on temporary visas are also generally processed within 8 weeks, though this timeframe can vary depending on the Home Office’s caseload and the complexity of the application.
For faster processing, priority services are available at an additional cost. The Priority Service shortens the decision time to 5 working days for an extra fee. This service is especially useful for applicants who have time-sensitive needs, though it is not available in all locations or for all visa types.
For urgent applications, the Super-Priority Service provides a decision by the end of the next working day after the biometrics appointment. This service is available for applications within the UK for an additional fee of £1,000, making it ideal for cases where a rapid decision is necessary.
Section G: Types of Child Dependant Visa Decisions
The type of decision made on a Child Dependant Visa application depends on whether the child is applying from outside or within the UK, and on the parent’s immigration status.
1. Entry Clearance
If the child is outside the UK and wishes to join their parent(s) or guardian(s) in the UK, they will need to apply for entry clearance before travelling. This process ensures that the child has permission to enter and reside in the UK as a dependant.
Permission to enter is typically granted for a duration that aligns with the parent’s visa status in the UK, allowing the child to stay with their parent and benefit from access to education and healthcare.
2. Leave to Remain
For children who are already in the UK on a valid visa, applying for permission to stay allows them to extend or adjust their immigration status to remain with their parent(s) or guardian(s).
If the application is approved, the child will be issued an eVisa reflecting their new status. The permission to stay will usually be granted in line with the parent’s current visa duration.
If the parent later qualifies for Indefinite Leave to Remain (ILR) or citizenship, the child may also be eligible to apply for ILR or to continue renewing their visa until eligible for a more permanent status.
3. Indefinite Leave to Enter (ILE)
Indefinite Leave to Enter (ILE) provides children with a permanent right to reside in the UK, similar to Indefinite Leave to Remain (ILR). This status is particularly relevant for children of settled parents applying from outside the UK, allowing them to join their parent(s) permanently without the usual visa renewal requirements.
If granted, ILE provides the child with a visa status equivalent to ILR, allowing them to reside in the UK indefinitely and pursue a pathway to British citizenship. Children with ILE can live, study, and access healthcare services in the UK.
As a permanent status, ILE does not require the child to renew their visa, though they must comply with residency requirements to maintain it. This status is advantageous for families seeking long-term stability in the UK.
Section H: Extensions and Indefinite Leave to Remain (ILR) for Child Dependants
For children on a Child Dependant Visa in the UK, there are pathways to extend their visa or apply for Indefinite Leave to Remain (ILR), depending on the parent’s immigration status. Children who enter the UK on a dependant visa generally hold a visa with the same duration as their parent’s visa. When the parent’s visa is extended, or when they qualify for ILR, the child may also be eligible for these changes.
1. Applying for Visa Extensions
For children of parents with Limited Leave to Remain, such as those on work visas (e.g., Skilled Worker or Student visas) or partner visas, the child’s visa should be extended in line with the parent’s visa renewal.
The child’s extension application is typically completed online through the UK government’s immigration website. The parent will need to fill out the Appendix FM online form if the application is under the family visa route. For children of parents on work or study visas, a specific dependant extension form will be required.
The application must include proof of relationship (e.g., birth certificate), financial evidence showing the parent’s ability to support the child, and proof of adequate accommodation. Documents must demonstrate that the parent meets the financial and residency requirements as per the visa category.
Fees for visa extensions include the application fee and the IHS, which covers the child’s healthcare access under the National Health Service (NHS) during their stay.
If approved, the child will receive an eVisa, extending their permission to stay in the UK for the same duration as the parent’s visa. If the parent qualifies for another extension or a new visa type in the future, the child’s visa can also be extended again in line with that change.
2. Pathway to Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) is the ultimate goal for many families, as it allows a child to reside in the UK without time restrictions, providing security and stability. Once a parent qualifies for ILR, their child may also be eligible to apply, provided they meet the requirements for dependency and residency.
Generally, a child can apply for ILR after 5 continuous years of residence in the UK, provided their parent(s) also hold ILR or are applying for ILR at the same time.
The child must still meet the dependency requirements, meaning they must be under 18, unmarried, and not living an independent life. This establishes that the child remains fully reliant on their parent(s) for financial and emotional support.
The child can only apply for ILR if at least one parent has ILR or is applying for it. In cases where only one parent holds ILR, the child may still qualify if the ILR-holding parent has sole responsibility for the child.
The child must prove they have continuously resided in the UK with their parent(s) for the required period, usually 5 years, without extended absences that could break residency. Dependency must also be maintained throughout this period, showing the child’s reliance on the parent(s) in the UK.
As with the initial visa and extensions, the parent(s) must demonstrate that they have sufficient income or savings to support the child without relying on public funds. Proof of adequate housing for the child in the UK is also necessary to meet the Home Office’s requirements.
The ILR application is made online using the appropriate form, depending on whether the application is part of the family visa route or another visa category.
Similar to the extension process, the ILR application for a child requires proof of relationship, financial stability, and adequate accommodation. The parent’s ILR status or their ILR application must also be included as part of the child’s application.
Fees for ILR applications are higher than those for standard visa extensions and do not require the Immigration Health Surcharge (IHS), as ILR holders are exempt from paying it.
Once granted ILR, the child is allowed to remain in the UK without time restrictions and may work, study, and live in the UK without the need for further extensions. This status also serves as a pathway to British citizenship, as children holding ILR may be eligible to apply for citizenship after holding ILR for a specific period.
[Insert table 8: Pathway to Settlement]Section I: Special Considerations for Step-Children and Sole Responsibility Cases
In certain cases, specific considerations apply when applying for a Child Dependant Visa in the UK. Step-children and cases where a parent holds sole responsibility for the child’s upbringing require additional evidence to demonstrate the parent-child relationship, the UK-based parent’s control, and the family’s unique needs. In some cases, serious and compelling family circumstances may also justify the child’s entry, particularly if factors relating to the child’s welfare are at stake.
1. Applying for Step-Children
Step-children can be included in a Child Dependant Visa application, but additional documentation is required to demonstrate that the UK-based parent has the necessary financial and legal responsibility for the child. The Home Office assesses each case carefully to ensure that step-children are fully supported and that no parental rights are infringed.
a. Relationship to the UK-Based Parent
The UK-based parent must provide proof of their relationship with the step-child. This can include marriage or civil partnership certificates, showing that the child’s biological parent and the UK-based parent are married or in a recognised partnership.
b. Consent from the Biological Parent
If the other biological parent is still actively involved in the child’s life or has custody rights, a consent letter may be required. This letter should state that the biological parent consents to the child living in the UK with the step-parent and primary parent.
c. Financial Responsibility
The UK-based parent must meet the financial requirement for the child, either individually or jointly with the biological parent, showing that they have sufficient funds to support the step-child without public funds.
Including step-children in a Child Dependant Visa application, therefore, typically requires more thorough evidence than applications for biological children, such as court orders, custody agreements, or letters from the child’s school or healthcare provider that show the step-parent’s role in the child’s daily life and overall welfare.
2. Sole Responsibility
In cases where only one parent is residing in the UK, sole responsibility may be necessary to demonstrate that the UK-based parent has full control over the child’s upbringing. The Home Office uses this criterion to ensure that the child is not merely staying with one parent temporarily but is genuinely dependent on and cared for by the UK-based parent.
Sole responsibility means that the UK-based parent makes the primary decisions regarding the child’s upbringing, education, and welfare, regardless of any geographical separation.
Sole responsibility applies when the other parent is either not involved in the child’s life or has legally transferred primary responsibility to the UK-based parent.
Day-to-day care may occasionally be managed by another family member or guardian in the child’s home country, especially due to geographical limitations, but the UK-based parent must still retain control and decision-making authority over major aspects of the child’s life.
[Insert table 6: Evidence of Sole Responsibility]Sole responsibility cases often face additional scrutiny from the Home Office. As such, applicants are encouraged to provide comprehensive evidence that clearly establishes the UK-based parent’s authority and involvement in the child’s life.
3. Serious and Compelling Family Circumstances
In certain situations, serious and compelling family circumstances may provide grounds for a child’s entry into the UK, even if the other eligibility criteria are complex or challenging to meet. Such circumstances typically relate to the child’s health, safety, or welfare and provide a strong reason for why the child should be with their parent in the UK.
Serious and compelling circumstances could include those that jeopardise the child’s safety or well-being, such as a lack of proper care in the home country, serious health issues, or situations where the child’s living conditions are unsuitable. In cases where the child is vulnerable or at risk due to the absence of family support or protection, relocating to the UK with their parent may be deemed essential for their welfare.
[Insert table 7: Examples & Evidence of Serious and Compelling Circumstances]Compelling family circumstances cases require detailed and robust documentation to convince the Home Office of the necessity of the child’s relocation to the UK. As such, working with a legal advisor or immigration specialist may be beneficial to ensure that all evidence is presented effectively.
Section J: Common Challenges and Solutions
Applying for a Child Dependant Visa in the UK can be a complex process, and applicants often encounter challenges that can lead to delays or even rejection. Understanding these common issues and knowing how to address them can significantly improve the chances of a successful application.
1. Typical Application Challenges
Several issues can arise during the application process, from missing documents and incomplete information to challenges in meeting the financial requirements.
a. Missing Documents
One of the most frequent reasons for visa delays or refusals is the omission of essential documents. For example, missing a birth certificate, proof of relationship, or financial documents can lead to a rejection or request for further evidence.
Use a checklist to ensure that all required documents are included. If any documents are not in English, make sure they are accompanied by certified translations. Organising the documents clearly and accurately will help the Home Office process the application smoothly.
b. Financial Requirements Not Met
Parents must demonstrate that they have sufficient funds or income to support the child without reliance on public funds. Failure to meet the financial threshold or provide adequate proof can result in application denial.
Ensure you understand the financial requirements based on your specific visa category (e.g., family visa or Skilled Worker). Provide clear evidence, such as recent bank statements, payslips, or an employer’s letter, showing that you meet the income or savings threshold.
c. Inconsistent Information Across Documents
Inconsistencies between documents, such as names, dates, or addresses, can raise questions about the accuracy of the application and delay processing.
Carefully check all documents to ensure consistency. The spelling of names, dates of birth, and other details should be identical across all documents. Even small errors can lead to further scrutiny and potential delays.
d. Lack of Proof of Relationship
Establishing a genuine relationship between the child and the UK-based parent is crucial, especially in cases involving step-children or sole parental responsibility. Insufficient evidence of the relationship can weaken the application.
Provide comprehensive proof of the parent-child relationship, such as a birth certificate, adoption papers, or marriage certificate (in the case of step-children). Photos, letters, or other personal documents that demonstrate the parent’s active involvement in the child’s life can also strengthen the application.
e. Accommodation Proof Issues
The Home Office requires proof that there is suitable accommodation for the child in the UK. Failure to provide this can lead to questions about the child’s living arrangements.
Submit tenancy agreements, mortgage documents, or a letter from the landlord confirming there is enough space for the child to live comfortably. The document should clearly show that the accommodation is suitable for the entire family.
f. Sole Responsibility Requirements
For cases where only one parent is residing in the UK, proving sole responsibility can be challenging. Insufficient evidence of the UK-based parent’s sole control over the child’s upbringing can complicate the application.
Provide documents demonstrating that the UK-based parent makes primary decisions about the child’s education, health, and welfare, such as school records, medical reports, and correspondence showing parental involvement.
2. Tips for Avoiding Rejections
To improve the likelihood of a successful application, here are some practical tips to address the above challenges and ensure a well-prepared application:
a. Prepare a Document Checklist
Before submitting the application, create a checklist of all required documents. Include items such as proof of relationship, financial evidence, accommodation proof, and any additional documents specific to your situation (e.g., sole responsibility).
Double-check that each document is up-to-date, accurate, and fully legible. This will minimise the risk of omissions or rejections due to missing documents.
b. Ensure Financial Readiness
Review the financial requirements well in advance and make sure you meet them. Bank statements, payslips, or savings account statements should be recent and cover the specified period. In cases where combining income sources is necessary, make sure each source is clearly documented.
Be prepared to show that you can support the child independently without needing public funds, especially if the parent’s visa category requires a higher income threshold.
c. Provide Clear Proof of Relationship
In addition to official documents like birth or adoption certificates, consider including supplementary proof of the parent-child relationship, such as photos, messages, or letters. For step-children, a marriage certificate linking the UK-based parent and the child’s biological parent can help establish the family connection.
Showing evidence of regular communication, financial support, or shared activities can help verify the relationship, particularly for non-biological children.
d. Verify All Information for Consistency
Carefully review all documents to make sure they contain consistent information. For instance, ensure that the child’s full name, date of birth, and address are identical on every document submitted.
Even minor inconsistencies can cause delays, so checking these details carefully can help ensure that the application moves smoothly through processing.
e. Provide Adequate Accommodation Proof
Make sure the Home Office can see that there is suitable housing available for the child in the UK. This includes submitting tenancy or mortgage documents and ensuring that they clearly state the family’s rights to the property and its capacity for the child.
For renters, a letter from the landlord confirming that the accommodation is suitable for the family, with exclusive access to certain rooms, can further support the application.
Section K: Summary
A Child Dependant Visa allows a child from overseas to join a parent or guardian residing in the UK, enabling family unity and providing access to UK education and healthcare. Children under 18 who are financially reliant on a parent with British citizenship, settled status, or certain types of visas (such as work or partner visas) can apply under this route.
Applicants must demonstrate that the child is wholly dependent on the UK-based parent, who must meet specific financial and accommodation requirements to show they can support the child without public assistance.
Key risks for applicants include the possibility of rejection if required documents, such as proof of relationship or financial evidence, are missing or incomplete.
More complex applications, such as children of sole-responsibility cases or step-children, will require further evidence to demonstrate their dependence on the UK-based parent. Financial thresholds are another consideration, with differing requirements based on the parent’s visa type and status, and changing rules in this area.
Section L: Need Assistance?
DavidsonMorris are UK immigration specialists. For expert guidance on the UK visa and settlement options for child dependants, speak to us.
Section M: FAQs
What is a Child Dependant Visa?
A Child Dependant Visa allows a child from overseas to join their parent or guardian who is living in the UK. It is part of the family visa category and helps keep families together, allowing the child to live, study, and access healthcare in the UK.
Who is eligible for a Child Dependant Visa?
A child under 18 who is financially dependent on their parent, is unmarried, and is not leading an independent life can apply for this visa. The parent in the UK must hold British citizenship, Indefinite Leave to Remain (ILR), or a visa that permits family members as dependants.
What documents are required for the application?
Essential documents include the child’s passport, birth certificate, proof of relationship, financial documents, and evidence of suitable accommodation in the UK. Additional documentation may be required for cases involving step-children or sole parental responsibility.
How much does a Child Dependant Visa cost?
The cost depends on whether the application is made from inside or outside the UK and on the type of visa held by the parent. For example, the fee for a dependant on a family visa is £1,846 if applying from outside the UK. Additional charges include the Immigration Health Surcharge (IHS) and fees for biometrics or optional priority services.
What is the processing time for a Child Dependant Visa?
Processing times vary based on the application route. Applications made outside the UK typically take up to 12 weeks, while applications made within the UK generally take up to 8 weeks. Priority and super-priority services are available in some cases for faster processing.
Does the child have access to schooling in the UK?
Yes, children on a dependant visa can attend state-funded or private schools in the UK without any additional requirements. They are entitled to the same educational support as UK-resident children.
Can the child use the NHS for healthcare?
Yes, once the Immigration Health Surcharge (IHS) has been paid as part of the application, the child will have full access to the NHS during their stay in the UK.
What if the application is refused?
If the application is refused, the decision letter will typically outline the reasons for the refusal. In some cases, an appeal may be possible. It may also be beneficial to consult an immigration advisor to address the issues and consider reapplying.
Can the child apply for Indefinite Leave to Remain (ILR)?
After residing in the UK continuously for a qualifying period (usually 5 years), the child may be eligible to apply for ILR, especially if their parent has ILR or is applying for it at the same time.
Can the child become a British citizen?
Once the child has held ILR for at least 12 months, they may apply for British citizenship. If one of the parents becomes a British citizen, the child may also qualify to register as a British citizen sooner in some cases.
Is a step-child eligible to apply as a child dependant?
A step-child can apply, but additional evidence is required to show that the UK-based parent has legal and financial responsibility for the child. Documentation may include marriage certificates, proof of financial support, and a letter of consent from the other biological parent, if applicable.
What does ‘sole responsibility’ mean, and when is it required?
Sole responsibility is a requirement in cases where only one parent is in the UK and has full responsibility for the child’s upbringing. This must be demonstrated through legal documents, school records, or other evidence that the UK-based parent is the primary decision-maker for the child.
What are serious and compelling family circumstances?
Serious and compelling circumstances refer to situations where factors such as the child’s health or welfare justify their relocation to the UK. Examples include inadequate care in the home country, significant medical needs, or social conditions that could negatively impact the child’s well-being.
Section N: Glossary
Insert table: Glossary
Section O: Additional Resources
UK Government Official Guidance
https://www.gov.uk/uk-family-visa
Detailed information on family visas, including child dependants, is available on the UK government’s official website.
Application Forms and Guidance
https://www.gov.uk/government/collections/uk-visa-forms
Access various visa application forms and related guidance documents provided by the UK government.
Appendix Children: Caseworker Guidance
https://www.gov.uk/government/publications/appendix-children-caseworker-guidance
This document offers in-depth guidance for decision-makers on applications from children, including those applying as dependent children.
Citizens Advice
https://www.citizensadvice.org.uk/immigration/getting-visas-for-family-members/check-how-to-apply-for-family-visas-or-indefinite-leave/
Provides practical advice on applying for family visas or indefinite leave, including steps to apply and required documentation.
Dependent Family Members in Work Routes
https://www.gov.uk/government/publications/dependent-family-members-in-work-routes-immigration-staff-guidance
Offers guidance on dependent family members in work routes, including eligibility and application processes.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
