Who Is Eligible for Family Visa in the UK?

You as the sponsor have to meet the following criteria:

• Be a UK or Irish national.
• Hold a current UK Visa allowing dependents to accompany 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.

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).
• Apart from children, an applicant must be able to financially support any dependents as well as oneself while in the UK.
• The applicant should not have a criminal record or threaten UK security.
• Sufficient understanding of the English language is required.

Under the Family Visa UK scheme, qualified candidates can accompany their partner for living, employment, and education needs in the UK.

• The candidate has to be married or in a civil partnership with 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.
• Visa holders of spouses or partners can remain in the UK for up to two years and nine months. One can extend the visa for another two years and six months.

The applicant has to meet the same financial and English language criteria specified in the section on spouses or partners visas.

The candidate can seek a complete UK Partner and Spouse Visa once married or in a civil partnership with a UK-based partner. This visa allows a stay of up to two years and nine months. It can be renewed for two more years and six months.

Under the family immigration system, the parent visa category lets parents accompany their child in the UK and offer assistance and care. Applications for a parent visa have to satisfy the following requirements:

• The child either has to be under eighteen or have been under eighteen when the parent first received leave to stay. 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 seven years, with it being unreasonable for them to leave.
• The applicant must have sole or shared parental responsibility for the child.

If the child was born in the UK and is under eighteen, they can be added to their parent’s next visa application as a dependent family member or apply separately. For children born in the UK over the age of eighteen, they can be added to their parent’s application if they are still dependent on their UK-based parent.

The adult dependent relative visa allows overseas relatives to receive long-term care. To be eligible for this visa, the applicant must:

• Be eighteen years or older.
• Due to illness, disability, or age, you need long-term care to handle everyday household and personal responsibilities.
• Demonstrate that the necessary care is neither accessible nor within their means back home.
• The person providing care in the UK should be able to sustain and accommodate them for at least five years free from public funding.

Other options include:

• PBS dependent visas let partners and children of those with qualified visas travel to the UK with them.
• 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.

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.