An Overview of Family Visas
There’s a lot to know about family visas, and how your family members could apply to immigrate to the UK. In this blog we aim to shed some light on partner, spouse, and family member visas. This includes information about different types of visas, how they differ, and their varying eligibility requirements.
Spouse and partner visas
There are specific visas for spouses or long-term partners who are not looking to get married. To apply, you must be able to prove:
You’re in a civil partnership or marriage that’s recognised in the UK
You’ve been living together in a relationship for at least 2 years (if living together outside of the UK as a couple would cause significant difficulties, you may still be able to apply)
As with a marriage visa, there will also be financial requirements that you must meet.
If eligible, they can stay in the UK for 2 years and 9 months. From there, they may be able to apply to extend their stay.
Parent visas
You can also apply to live in the UK to look after your child. You must only apply for this specific visa if you are not eligible to apply as a partner. For you to be eligible, your child must either:
Be under 18 on date of application
Have been under 18 when you were first granted leave and not live independently (i.e. if they have left home or got married and had children)
Furthermore, your child must be living in the UK because they’re a British or Irish citizen, they’ve settled in the UK, or have lived in the UK for 7 consecutive years and it would be unreasonable for them to leave.
Your eligibility will also depend on proving that you take an active role in your child’s upbringing and that you will continue to do this after you apply. Evidence of this can include:
A letter from your child’s school confirming that you take them to school or go to parent meetings
A letter to your address from the local authority confirming your child’s school
A letter from a healthcare professional confirming that you take your child to appointments
As with the partner visa, you can stay in the UK as a parent for 2 years and 9 months, after which you can apply to extend your stay.
Child visas
Finally, it is possible for children to apply for a family visa so they can join a parent in the UK. Different rules will apply if the child was born in the UK or in another country.
If the child was born in the UK and is under 18, they can be added to the parent’s next application as a dependant or apply separately. They will need to know what visa the parent currently has, as most dependant child visas will be linked to the specific visa held by the parent. E.g., if the parent is in the UK on a Skilled Worker visa, the child’s visa and its requirements would be tied to this visa.
If the child was born outside of the UK and is under 18, they can apply for a visa. This depends on their eligibility - i.e. if they are not married, in a civil partnership, or living an independent life, and can be supported by a parent without claiming public funds.
Furthermore, one of their parents must also be applying or have applied for a visa/visa application as a:
Partner (and the partner they are joining is the child’s other parent)
Parent (and they have sole parental responsibility)
If the child was born outside the UK and is over 18, they can still be included in the parent’s application as a dependant. This is if the child:
Got permission to come to or stay in the UK on a family visa when they were under 18
Does not live independently
Alternatively, the child can also apply separately.
These are only some of the family visas that are potentially available to you or your family members. If you would like to know more about your eligibility and how you can apply, please contact us to discuss.
The above information is correct as of June 22nd 2022 and may be subject to change. The above does not constitute legal advice. Furthermore, these are just some of the basic requirements (and not all of the requirements). Legal advice should be sought regarding your individual circumstances.