Who is eligible for Family Visa in the UK?
The UK Family Visa provides an opportunity for eligible foreign nationals to join their loved ones and stay in the UK for six months or more. Whether you want to bring your spouse or partner, fiancé or proposed civil partner, child, parent, or a relative to whom you will provide long-term care, here we take a look at what you need to do.
As the sponsor, you must meet the following requirements:
- Be a UK or Irish national.
- Hold a valid UK Visa that allows dependents to join you. This could be a work visa, study visa, or business visa.
- Have settled in the UK, which means you possess Indefinite Leave to Remain (ILR) or settled status.
- Be an EU national or a person from Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status. Please note that you must have started living in the UK before January 1st, 2021.
- Hold a Turkish businessperson visa or Turkish worker visa.
- Have refugee status.
- Have humanitarian protection in the UK.
Family Member Requirements
The applicant must be your spouse or partner, fiancé, fiancée, proposed civil partner, child, parent, or relative to whom you will provide long-term care. The specific requirements for each category are as follows:
- A child must be dependent on you, meaning they do not live an independent life, are not married, and reside with you (except if they are attending university or boarding school).
- An applicant must be able to financially support themselves and any dependents while in the UK (excluding children).
- Sufficient knowledge of the English language is required and the applicant should not have a criminal record or pose a threat to UK security.
UK Spouse Visa/Partner Visa Requirements
This falls under the Family Visa UK scheme, enabling eligible individuals to join their partner in the UK for living, working, and studying purposes.
- The applicant must be in a civil partnership or married to their UK-based partner. Alternatively, they should have been living in a relationship with their UK-based partner for a minimum of two years.
- Both the applicant and their UK-based partner must demonstrate an annual income of at least £18,600. Additionally, an extra £3,800 per year is required for the first child and £2,400 per year for each subsequent child.
- Spouse or partner visa holders can stay in the UK for up to 2 years and 9 months. The visa can be extended for another 2 years and 6 months.
Fiancé Visa Requirements
The applicant must meet the same English language and financial requirements as outlined in the spouse/partner visa section.
Once married or in a civil partnership with a UK-based partner, the applicant can apply for a full UK Partner and Spouse visa. This visa permits a stay of up to 2 years and 9 months and can be extended for an additional 2 years and 6 months.
Parent Visa Requirements
The parent visa category under the family visa scheme enables parents to join their child in the UK, providing care and support. To apply for a parent visa, the following conditions must be met:
- The child must be under 18 years of age or have been under 18 when the parent was initially granted leave to remain. The child should not be living an independent life.
- They must be British or Irish nationals, settled in the UK, have pre-settled status under the EU settlement scheme, or have continuously lived in the UK for 7 years, with it being unreasonable for them to leave.
- The applicant must have sole or shared parental responsibility for the child.
Child Visa Requirements
If the child was born in the UK and is under 18, they can be added to their parent’s next visa application as a dependant family member or apply separately. For children born in the UK over the age of 18, they can be added to their parent’s application if they are still dependent on their UK-based parent.
Adult Dependant Relative Visa Requirements
The adult dependant relative visa allows overseas relatives to receive long-term care. To be eligible for this visa, the applicant must:
- Be 18 years or older.
- Require long-term care to perform daily personal and household tasks due to illness, disability, or age.
- Demonstrate that the required care is unavailable or unaffordable in their home country.
- The person providing care in the UK must be capable of supporting and accommodating them for at least 5 years without relying on public funds.
Other Visa Options
Other options include:
- PBS dependant visas allow partners and children of individuals with eligible visas to join them in the UK.
- The Ancestry visa grants eligible foreign nationals the opportunity to live, work, and study in the UK.
- In the Family Reunion visa scheme, individuals granted refugee status or humanitarian protection in the UK can bring their immediate family members to live with them in the country.
- The EU Settlement Scheme (EUSS) Family Permit allows individuals to come to the UK if they are a family member of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein.
Get help from experienced immigration solicitors
Need help with organising the right visa for your family? SilverOak Solicitors are an experienced team that provides comprehensive legal advice for all aspects of immigration. Whether it’s help with visas, claiming asylum or applying for citizenship, we’re here to help.
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