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Overview of UK Family Visas

UK Family Visas allow eligible foreign national family members to join you in the UK for six months or more. Whether you want to bring your spouse, partner, fiancé, child, parent, or a relative you care for, we can help you navigate the application process and ensure a smooth transition for you and your loved ones.

Who Can I Bring to the UK on a UK Family Visa?

With a UK Family Visa, you can bring the following family members to the UK:

  • Spouse or partner
  • Fiancé or proposed civil partner
  • Child
  • Parent
  • A relative you provide long-term care for

Eligibility Requirements for a UK Family Visa

To bring a family member to the UK on a family visa, you must:

  • Hold a valid immigration status that allows dependent family members to come to the UK.
  • Be a UK or Irish citizen.
  • Have settled in the UK (ILR or Settled Status).
  • Have refugee status or humanitarian protection.

Types of UK Family Visas

There are several UK visas under the family visa route, including:

  • UK partner and spouse visa
  • Fiancé Visa (fiancée or proposed civil partner visa)
  • Child Dependant Visa
  • Adult Dependant Relative Visa
  • PBS Dependant Visa
  • Parent Visa
  • Ancestry Visa
  • Family Reunion Visa
  • EUSS Family Permit

 

UK Family Visa Eligibility Criteria

Achieving family reunification in the UK involves meeting specific requirements for the UK-based family member (sponsor) and the family member applying for the visa. The exact criteria depend on the type of visa being pursued.

Sponsor Requirements

  • Valid UK Visa: The sponsor must hold a valid UK visa that allows dependent family members to join them. Examples include work, study, or business visas. Some visas, like the Youth Mobility Scheme Visa, do not permit dependants to accompany the visa holder; in such cases, dependants must apply separately.
  • Nationality or Settled Status: The sponsor must be a UK or Irish citizen, have settled in the UK (e.g., possess ILR or settled status), or be an EU national or a person from Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (granted for individuals residing in the UK before January 1, 2021).
  • Turkish Businessperson or Worker Visa: Alternatively, the sponsor may hold a Turkish Businessperson or worker visa.
  • Refugee or Humanitarian Protection Status: Sponsors with refugee status or humanitarian protection in the UK are also eligible.

Family Member Requirements

  • Relationship: The family member applying for a UK family visa must be the sponsor’s spouse or partner, fiancé, fiancée or proposed civil partner, child, parent, or a relative requiring long-term care.
  • Dependant Status (for Children): Children applying as dependants must:
    • Refrain from living an independent life
    • Remain unmarried
    • Reside with the sponsor (except if attending university or boarding school)
  • Financial Self-Sufficiency: Family members, excluding children, must demonstrate the ability to financially support themselves and their dependants in the UK.
  • English Language Proficiency: Sufficient knowledge of the English language is required.
  • Criminal Record and Security Clearance: A clean criminal record and no evidence of posing a threat to UK security are essential.

 

Seek Expert Guidance

Navigating the complexities of UK family visa requirements can be challenging. Consulting a family immigration solicitor can provide an expert assessment of your eligibility, comprehensive information about the application process, guidance on required documents, and insights into processing times and fees.

Essential Requirements for Spouse and Partner Visas

Under the Family Visa UK scheme, the UK spouse visa/partner visa allows eligible individuals to join their partners in the UK and establish a life together. Applicants must demonstrate eligibility based on specific criteria:

  • Relationship Status: Applicants must be either in a civil partnership or marriage with their UK-based partner, or have been living in a relationship with their UK-based partner for at least two years.
  • Financial Requirements: The applicant and their UK-based partner must collectively show an annual income of at least £29,000.
  • English Language Proficiency: Applicants must demonstrate English language skills at level A1 on the Common European Framework of Reference for Languages (CEFR) scale.

Visa Duration and Path to Indefinite Leave to Remain

Spouse/partner visa holders can initially stay in the UK for up to two years and nine months. This can then be further extended for two years and six months. After this period, applicants can apply for indefinite leave to remain (ILR), allowing them to reside permanently in the UK.

Fiancé Visa

The UK Fiancé Visa allows an eligible fiancé, fiancée, or proposed civil partner to join their UK-based partner for up to six months to formalize their union through marriage or civil partnership. Applicants must meet the same English language and financial requirements as those for the Spouse/Partner Visa.

Upon completing your marriage or civil partnership, you can transition to a full UK Partner and Spouse Visa. This visa grants you a two-year and nine-month stay, followed by a two-year and six-month extension. You become eligible to apply for indefinite leave to remain (ILR), allowing you to reside in the UK permanently.

Parent Visa

Under the Family Visa scheme, the UK Parent Visa allows eligible parents to join their children in the UK and provide long-term care. Parent visa holders can live, work, and study in the UK alongside their children.

Eligibility Criteria

To qualify for a parent visa, the child must meet the following criteria:

  • Age: Be under 18 or under 18 when the parent was first granted leave to remain in the UK.
  • Dependency: Not living an independent life.
  • Residence: Be living in the UK.

In addition, the child must have one of the following immigration statuses:

  • British or Irish nationality
  • Settled status in the UK
  • Pre-settled status under the EU Settlement Scheme
  • They have lived in the UK continuously for seven years, and it would not be reasonable for them to leave.

 

Child Visa

The UK Child Visa, under the Family Visa scheme, allows eligible children to join their parents in the UK. However, children may not require a family visa if at least one parent holds UK indefinite leave to remain (ILR). In such cases, it may be possible to apply directly for ILR.

Child Visa Eligibility

The requirements for a child visa depend on whether the child was born in the UK.

Children Born in the UK:
  • Under 18: Can be added to their parent’s next visa application as a dependant family member or apply separately.
  • Over 18: They can be added to their parent’s application if they depend on their UK-based parent.
Children Born Outside the UK:
  • Must prove dependency on their UK-based parent/s.
  • Must not be married or in a civil partnership.

Adult Dependant Relative Visa

The UK Adult Dependant Relative Visa allows eligible overseas relatives to come to the UK and receive long-term care from a specified relative residing permanently in the UK. This visa is intended for individuals who require assistance with daily personal and household tasks due to illness, disability, or age-related limitations.

Eligibility Criteria

To qualify for an Adult Dependant Relative Visa, applicants must meet the following criteria:

  • Age: Be 18 years of age or older.
  • Care Requirements: Demonstrate a genuine need for long-term care to carry out day-to-day personal and household tasks.
  • Unavailability of Care in Home Country: Establish that the necessary level of care is not available or affordable in their home country.
  • Financial Support from UK Sponsor: Provide evidence that the UK-based relative providing care can financially support and accommodate them for at least five years without relying on public funds.

Visa Duration and Benefits

Adult Dependent Relative Visa holders are granted indefinite leave to remain (ILR) once they arrive in the UK. This allows them to stay permanently and enjoy the same rights and privileges as British citizens, including the right to work, study, and access healthcare.

 

PBS Dependant Visa

PBS Dependant Visas provides a pathway for eligible partners and children of individuals holding designated UK visas to join them in the UK. Embracing your family’s presence can enhance your overall experience in the UK, and PBS Dependant Visas facilitate this connection.

Eligible Dependants

The following family members can qualify as dependants under the PBS Dependant Visa scheme:

  • Spouses: Married partners, civil partners, or unmarried partners who have been in a relationship for at least two years.
  • Children:
    • Under 18 years of age, including children born in the UK.
    • Over 18 years of age, if they are financially dependent on the visa holder.
Additional requirements for children aged 16 or over:
  • Live with the visa holder (exceptions include full-time education at boarding schools, colleges, or universities).
  • Single marital status (not married or in a civil partnership).
  • No dependent children of their own.
  • Financial dependence on the visa holder.

Visa Duration and Path to Settlement

Dependant visa holders can reside in the UK for as long as the primary visa holder’s visa remains valid. If the primary visa holder extends their visa, dependants can apply for extensions. Furthermore, when the primary visa holder becomes eligible for indefinite leave to remain (ILR), commonly known as settlement, dependants can also apply to settle in the UK, assuming they meet the eligibility requirements.

Ancestry Visa

The UK Ancestry Visa offers eligible foreign nationals with ancestral solid connections to the UK the opportunity to live, work, and study there. This visa fosters a sense of belonging and cultural continuity for those with deep-rooted UK heritage.

Eligibility Criteria

Ancestry Visa applicants must meet the following criteria:

  • Citizenship: Be a Commonwealth citizen, a British overseas citizen, a British overseas territories citizen, a British national (overseas), or a citizen of Zimbabwe.
  • Ancestral Connection: Demonstrate that one of their grandparents was born in the UK, the Channel Islands, or the Isle of Man.

Visa Duration and Path to Settlement

Ancestry visa holders are initially granted a five-year stay in the UK. Upon completion of the five years, individuals can extend their visa or apply for indefinite leave to remain (ILR), commonly known as settlement.

Family Reunion Visa

The UK Family Reunion Visa scheme allows individuals granted refugee status or humanitarian protection in the UK to bring their immediate family members to join them in the country. This visa is a compassionate measure to facilitate family unity and provide stability for those seeking refuge in the UK.

Eligibility Criteria

To qualify as a sponsor for a Family Reunion Visa, you must meet the following criteria:

  • Lawful Residence: Be a lawful resident of the UK.
  • Nationality: Have not yet gained British citizenship.
  • Immigration Status: Fall into one of the following immigration categories:
    • Refugee status
    • Humanitarian protection status (held for at least 5 years)
    • Admission to the UK under the Gateway Protection Programme
    • Admission to the UK under the Mandate Refugee Programme
    • Admission to the UK under the Syrian Vulnerable Person Resettlement (VPR)

Eligible Family Members

Only immediate dependent family members of a UK-based sponsor are eligible for the Family Reunion Visa. These include:

  • Spouse or civil partner
  • Unmarried or same-sex partner
  • Child
  • Adopted children

Visa Duration and Path to Indefinite Leave to Remain

Family Reunion visa holders can initially stay in the UK for five years. Upon completion of the five years, individuals can extend their leave and apply for indefinite leave to remain (ILR) when eligible.

EUSS Family Permit

The EU Settlement Scheme (EUSS) Family Permit provides a pathway for family members of individuals from the EU, Switzerland, Norway, Iceland, or Liechtenstein to join them in the UK. This scheme ensures that eligible individuals can seamlessly travel to the UK, gain entry upon arrival, and reunite with their loved ones without the risk of denial.

Eligibility Criteria

To qualify for an EUSS Family Permit, your family member must have been residing in the UK by the end of 2020.

Visa Duration and Benefits

EUSS Family Permit holders are granted an initial six-month stay in the UK. During this period, they enjoy the freedom to travel within and outside the UK, pursue education, and engage in employment.

Path to Indefinite Leave to Remain

If you wish to extend your stay beyond six months, you can apply under the EU Settlement Scheme. Upon successful application, you will be granted pre-settled status, allowing you to reside in the UK for up to five years. Following the five years, you can apply for full settled status (settlement), granting you indefinite leave to remain in the UK.

If Your Family Visa Application Is Refused

A UK family member visa application can be declined for various reasons, which may include:

  • Insufficient evidence to convince the Home Office of the genuineness of your relationship.
  • Failure to meet the financial requirements.
  • Inadequate housing arrangements on the part of the UK-based sponsor.
  • Omissions or deficiencies in the submission of required information or documents.
  • Ineligibility based on certain criteria.
  • A criminal record with unspent convictions.

We understand that receiving a rejection notice from the Home Office can be deeply distressing. Our team of specialized family immigration solicitors can swiftly evaluate the grounds for refusal and guide the most appropriate course of action to secure a favorable outcome. Depending on the specific circumstances, we may advise you to consider reapplying, pursuing an appeal, initiating an administrative or judicial review, or exploring alternative visa options.

Contact Information

If you require assistance with bringing your family to the UK and obtaining a family member visa, please contact our immigration lawyers for a complimentary telephone consultation at +44 (0) 121 572 8126 or via email at immigrations@ausuk.co.uk

Specializing in providing effective immigration advice and visa services for individuals and businesses worldwide. Our expert team is dedicated to making the immigration process straightforward and stress-free. Regulated by the OISC, we uphold the highest standards of care and practice. Contact us for your immigration needs.

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