When planning to bring your child to the UK, it’s crucial to understand their entitlements under various child dependant visa options. To qualify, you must demonstrate their dependence on you and verify that you have the means to support them during their stay in the UK.
The Child Dependant Visa facilitates the reunion of an overseas child with a parent residing in the UK. Generally, the Home Office requires both parents to be in the UK with the child. If only one parent is in the UK, the sponsoring parent must prove they have sole parental responsibility for the child.
If one parent is in the UK and the other is overseas, and the sponsoring parent cannot establish sole responsibility, they must provide compelling evidence of significant family reasons or other considerations making the exclusion of the child undesirable.
If a child’s parent is a settled individual with Indefinite Leave to Remain (ILR), the child can apply to join their parent’s UK residence. Upon approval, the child will also be granted ILR. This process typically involves a residency period of about five years while holding a work visa or another specific visa type.
If a child’s parent has secured or is applying for a partner visa, the child can accompany their parent to the UK. The child can submit their application concurrently with their parent’s or at a later date. After typically residing in the UK for five years with their parent, the child can apply for Indefinite Leave to Remain (ILR).
Several long-term visa categories allow holders to bring dependents to the UK. These include:
If the child is not residing in the UK with both parents, the parent with whom they will reside must have “parental responsibility” for them. Evidence demonstrating full legal responsibility is required.
The UK sponsor must provide proof of suitable accommodation arrangements, ensuring enough room for the child and family.
A child with a dependant visa can usually settle (gain ILR) after residing in the UK for 5 years. When the parent(s) achieve ILR, the child can apply for ILR concurrently.
For personalized assistance with your child’s leave to remain extension or ILR application, contact our immigration lawyers at +44 (0) 121 572 8126 or via email at immigrations@ausuk.co.uk.
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