Child Dependant Visa

This visa allows foreign children to join their parents in the UK. You may not need a visa if one of the parents has Indefinite Leave to Remain (ILR) or Permanent Residence. If your parent has settled or pre-settled status under the EU Settlement Scheme, you may be able to apply under this scheme.

If a child has one of the parents in the UK, and they do not have settled status, they must prove that they have sole responsibility for the child. If the sponsoring parent in the UK cannot prove sole responsibility, they must provide evidence of serious and compelling family considerations or other evidence which makes the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care.

All Child visa applications can be divided into three main categories:

Child visa as a child of a parent with a limited leave to enter or remain in the UK
Child visa as a child of a parent who is settled or applying for settlement in the UK
Child visa as a child of a parent who has or is applying for a partner visa

Our solicitors can help with advising on the relevant visa requirements, completing the application form, reviewing necessary documents and other supporting evidence, and accompanying the process until your Fiancé or Proposed Civil Partner visa is issued.

If your visa has been refused, you should have a right to appeal to the First Tier Tribunal as this type of application is considered to be a human rights claim. Depending on your circumstances, you might be able pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).

You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.

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What are the requirements for a Child Dependant visa?

All Child visa applications can be divided into three main categories:

Child Dependant visa as a child of a parent with limited leave to enter or remain in the UK

This visa route is available to a dependant child whose parents have been granted or are being granted a limited leave to remain in the UK which leads to permanent residence in the UK. The child can further apply for their visa extension in the UK in line with their parent’s application and, once they complete 5 years in the UK in line with the requirements, can apply for Indefinite Leave to Remain (ILR). To qualify for this visa, a child must:

be under the age of 18
not form an independent family unit
not lead an independent life
satisfy financial and accommodation requirements

and (one of the three conditions below applies):

one of the parents is settled or in the process of being settled in the UK and the other parent is in the process or has received limited leave to remain in the UK; or
one of the parents has or is in the process of receiving limited leave to enter or remain and has sole responsibility for a child; or
both parents are present and one of the parents has or is in the process of receiving limited leave to enter or remain with a view to settlement in the UK, and there are serious and compelling family or other considerations that make the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care.

Child Dependant visa as a child of a parent who is settled or applying for settlement in the UK

This visa route is available to a dependant child whose parents are settled or in the process of receiving Indefinite Leave to Remain (ILR) in the UK. To qualify for this visa, a child must:

be under the age of 18
not form an independent family unit
not lead an independent life
satisfy financial and accommodation requirements,

and (one of the four conditions below applies):

both parents are settled in the UK or in the process of applying for settlement in the UK; or
one of the parents is settled in the UK and the other parent is in the process of applying for settlement in the UK; or
one of the parents is settled or in the process of applying for settlement in the UK and has sole responsibility for the child; or
both parents are present and one of the parents is settled or applying for settlement, and there are serious and compelling family or other considerations that make the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care.

Child Dependant visa as a child of a parent who has or is applying for a partner visa

This visa is available to a dependant child to enter or remain in the UK if one of their parents has been granted or is in the process of being granted a partner visa in the UK under the UK family scheme. To qualify for this visa, a child must:

be under the age of 18
outside the UK
not form an independent family unit
not lead an independent life
one of the child’s parents is in the UK on a partner visa or in the process of applying for a partner visa
and (one of the three conditions below applies):

the child’s parent’s partner is also a parent to the child; or
the child’s parent joining the partner in the UK has sole responsibility for the child; or
there are serious and compelling family or other considerations that make the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care.

What documents and information are required to apply for a Child Dependant visa?

It is exceptionally important to include all required documentary evidence for a Child Dependant visa as most applications are refused because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence. Below is a list of the most commonly required documents:

Valid passport of the main visa holder or the person settled in the UK
Proof of the UK sponsor’s immigration status in the UK
Child’s passport
Child’s birth certificate
Evidence of the relationship with the child, if required
Proof of sole parental responsibility, if required
Two passport-sized photos
Proof of financial support
Evidence of accommodation in the UK
Tuberculosis test results if you are required to take it

You will be required to provide a certified translation of any documents that are not in English or Welsh.

How can I apply? How long does it take to get a decision?

You will be required to submit an online application, pay the fees, upload the scanned documents and other supporting evidence online, arrange an appointment at the visa application centre to provide your biometric information, such as digital photos and fingerprints, and attend an interview if required.

You should get a decision on your visa within 24 weeks if you apply outside of the UK and once you attend the appointment at the visa application centre. For the applications made in the UK, current processing times are 8 weeks. The actual time varies depending on the complexity of the application, and we advise you to check any updates on current visa processing times.

Can I switch to a Spouse or Civil Partner visa from the UK?

You may be able to switch to a Spouse or Civil Partner visa from the UK if you apply for an extension, i.e. further leave to remain in the UK as a spouse or a partner. You cannot switch to this visa if you are a visitor in the UK or have a valid leave granted for up to 6 months (with a few exceptions). Visitors will be required to leave the UK and make an application for entry clearance as a spouse of a partner from outside the UK.

How long can I stay in the UK?

A Spouse and Civil Partner visa is initially granted for 2 years and 6 months (plus additional 3 months if you are applying for entry clearance). The visa can be extended further for 2 years and 6 months if you continue meeting the eligibility criteria. After a period of 5 years this visa can lead to Indefinite Leave to Remain or Settlement in the UK.

Can I apply for Indefinite Leave to Remain (ILR) as a spouse or a partner?

Indefinite Leave to Remain (ILR) allows you to stay in the UK permanently, without a subject to strict immigration control. Once you have lived in the UK for 5 years, you may be able to apply for ILR if you demonstrate that you:

remain in a genuine and subsisting relationship with your spouse or partner
intend to continue the relationship and live together once you receive your ILR
continue meeting the financial requirements
continue living in suitable accommodation with your family
have passed the Life in the UK Test, unless exempt
have acquired a higher level of English Language proficiency at SEFR Level B1, unless exempt

What can I do if my visa is refused?

If your Child Dependant visa application has been refused, you should have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) as this type of application is considered to be a human rights claim.

Depending on your circumstances, you might be able pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).

Our solicitors can assist you with your appeal process as it can be a complex immigration matter requiring specialist legal support, advice and representation.