Categories International

United Kingdom Dependant Visa

1. What is a UK Dependant Visa?

A UK Dependant Visa is a type of visa that allows the family members or dependents of someone who is either a British citizen or holds indefinite leave to remain in the UK to join them and live in the country. This visa category is designed to enable spouses, partners, children, and other dependent family members to join their loved ones in the UK for an extended period of time. The type of dependant visa one can apply for will depend on their relationship to the sponsor in the UK, such as a spouse, partner, child, or parent. It is essential to meet the eligibility criteria set by the UK Home Office to be granted a Dependant Visa, including financial requirements, relationship authenticity, and other specific conditions depending on the circumstances.

2. Who is eligible to apply for a UK Dependant Visa?

1. The eligibility criteria for applying for a UK Dependant Visa include being the spouse, partner, child, or other family member of a person who is either a British citizen or settled in the UK with Indefinite Leave to Remain or Citizenship.
2. Spouses or partners must provide evidence of a genuine and subsisting relationship, meet the financial requirements, and prove they have suitable accommodation in the UK. Children must be under 18 and not lead an independent life to qualify as dependants.
3. Other family members, such as elderly parents or adult dependent relatives, may also be eligible in certain circumstances. It is essential to demonstrate that the sponsoring individual can support the dependants without recourse to public funds.
4. Meeting the English language proficiency requirement may also be necessary for some dependants. The application process can vary depending on the relationship to the sponsor, and seeking guidance from an immigration expert is advisable to ensure a successful application.

3. How can a spouse join their partner in the UK on a Dependant Visa?

A spouse can join their partner in the UK on a Dependent Visa by following a few crucial steps. Firstly, the partner in the UK must hold a valid visa or status that allows for dependents to be included, such as a work visa, student visa, or settlement status. Secondly, the spouse looking to join must apply for a Dependent Visa from outside the UK before traveling, providing necessary documents like marriage certificates, proof of relationship, financial stability, and accommodation arrangements. Thirdly, upon approval, the spouse can enter the UK and stay for the same duration as the partner’s visa, with the option to extend if needed. It is important to note that the rules and requirements for Dependent Visas may vary based on the specific circumstances and visa category of the partner in the UK.

4. What are the financial requirements for a UK Dependant Visa?

The financial requirements for a UK Dependant Visa depend on the Immigration Rules and the specific circumstances of the applicant. Here are the main points related to the financial requirements:

1. The sponsor (the person in the UK that the applicant will depend on) must meet a minimum income threshold, which varies depending on factors such as whether the sponsor is the sole sponsor or if there are dependants and how many there are.

2. As of 2021, the minimum income threshold for a sponsor without any dependents is £18,600 per year. This amount increases if there are additional dependents applying (e.g., £3,800 for the first child and £2,400 for each additional child).

3. In some cases, the sponsor may be able to meet the financial requirement through other means, such as cash savings held for a certain time period.

4. It is crucial for the sponsor to provide evidence of their financial situation through documents such as payslips, bank statements, tax returns, and employment contracts.

Meeting the financial requirements is a significant aspect of applying for a UK Dependant Visa and ensuring that all necessary documentation is provided can greatly impact the success of the application.

5. How long can someone stay in the UK on a Dependant Visa?

On a Dependant Visa in the United Kingdom, the length of stay permitted depends on the visa holder’s relationship to the main visa holder and the terms of the main visa. Spouses, civil partners, unmarried partners, children, and other dependants may be eligible for this type of visa. Typically, Dependant Visas are granted for the same length of time as the main visa holder’s visa, allowing them to stay in the UK for the duration of the main visa. For example, if the main visa holder has a Tier 2 work visa valid for three years, the dependants would also be granted a Dependant Visa for three years. It’s important to note that Dependant Visas do not lead to settlement in the UK, so the visa holders must leave the country if the main visa holder’s visa expires and is not renewed.

6. Can children be included as dependants on a UK Dependant Visa?

Yes, children can be included as dependants on a UK Dependant Visa. To be eligible, the children must be under the age of 18 at the time the visa application is submitted. Additionally, they must be financially dependent on the main visa holder or their spouse or partner. In some cases, children over the age of 18 may also be considered dependants if they are currently in the UK as dependants on the same visa. It is important to provide the necessary documentation to prove the relationship between the children and the main visa holder, such as birth certificates and other relevant paperwork. Including children as dependants on a UK Dependant Visa allows them to live in the UK and access education and healthcare services.

7. What documents are required for a UK Dependant Visa application?

For a UK Dependant Visa application, the following documents are typically required:

1. Valid passport or travel document for each person applying.
2. Recent passport-sized photographs.
3. Evidence of the relationship between the main applicant and the dependants, such as marriage or birth certificates.
4. Proof of sufficient funds to support the dependants during their stay in the UK.
5. Proof of accommodation in the UK for the dependants.
6. Tuberculosis test results, if applicable.
7. Any other specific documents requested by the UK Visas and Immigration authorities based on individual circumstances.

It is essential to ensure that all documents are in the correct format and up-to-date to avoid any delays or complications in the visa application process.

8. Is there an English language requirement for a UK Dependant Visa?

Yes, there is an English language requirement for a UK Dependant Visa. In order to qualify for this visa category, the main applicant must be able to demonstrate their knowledge of the English language at a required level. This usually involves passing an approved English language test from an accredited provider. The level of English proficiency required may vary depending on the specific visa category and individual circumstances. It is important to check the most up-to-date requirements set by the UK Visas and Immigration (UKVI) before applying to ensure compliance with the language criteria.

1. The English language requirement is typically set at level A1 for speaking and listening skills for most visa categories.
2. However, some categories, such as the Spouse or Partner visa, may require a higher level of English proficiency, usually at level A2 or B1.
3. Applicants may be exempt from the English language requirement if they are a national of a majority English-speaking country or hold a degree taught in English.
4. It is advisable to seek guidance from an immigration professional or check the official UK government website for the most accurate and up-to-date information regarding the English language requirement for a UK Dependant Visa.

9. Can a Dependant Visa holder work or study in the UK?

Yes, a Dependant Visa holder in the UK can work, study, or engage in business activities during their stay in the country. However, there are certain restrictions and conditions that apply:

1. The Dependant Visa holder is allowed to work in the UK without any restrictions, except for some jobs such as professional sportsperson, doctor or dentist in training, or a dentist in general practice.

2. Dependant Visa holders are also permitted to study in the UK, either part-time or full-time, at an accredited education institution.

3. The Dependant Visa holder should not be the sole carer for the child they are accompanying to the UK, as this could affect their ability to work or study.

Overall, a Dependant Visa holder has the freedom to work or study in the UK, provided they adhere to the visa conditions and regulations set by the Home Office.

10. Can a Dependant Visa holder apply for settlement in the UK?

Yes, a Dependant Visa holder can apply for settlement in the UK, also known as Indefinite Leave to Remain (ILR). In order to be eligible to apply for settlement, the Dependant Visa holder must meet certain requirements:

1. Duration of stay: The Dependant Visa holder must have lived in the UK for a specific period of time, usually between 2 to 5 years, depending on the type of visa they hold.

2. Financial requirements: The applicant must demonstrate that they can support themselves and any dependents without recourse to public funds.

3. Knowledge of the English language and life in the UK: Applicants may need to pass an English language test and a Life in the UK test, depending on their circumstances.

4. Absence from the UK: The applicant must not have spent too much time outside the UK during the qualifying period.

Once these requirements are met, the Dependant Visa holder can apply for settlement in the UK, which will grant them the right to live and work in the UK without any time restrictions.

11. What are the processing times for a UK Dependant Visa application?

The processing times for a UK Dependant Visa application may vary depending on various factors such as the country where the application is made, the time of year, the complexity of the case, and the current caseload of the visa processing center. In general, standard processing times for a UK Dependant Visa application can range from a few weeks to several months. It is recommended to check the specific processing times for the country where the application is being made on the official UK government website or with the relevant visa application center. Additionally, applicants can opt for priority or premium services to expedite the processing of their visa application for an additional fee.

12. Can a Dependant Visa holder switch to another visa category in the UK?

Yes, a Dependant Visa holder in the UK has the option to switch to another visa category under certain circumstances. Here are the key points to consider:

1. Eligibility: The Dependant Visa holder must meet the eligibility criteria for the new visa category they wish to switch to. This may include financial requirements, language proficiency, and other specific conditions related to the particular visa category.

2. Application Process: The Dependant Visa holder will need to submit a new visa application from within the UK. They may be required to attend biometrics appointments and provide supporting documents as per the requirements of the new visa category.

3. Immigration Rules: It is essential to review the UK immigration rules to understand the restrictions and possibilities for switching from a Dependant Visa to another visa category. Some visas may allow for easier transitions, while others may have stricter guidelines.

4. Professional Advice: It is advisable to seek guidance from an immigration advisor or solicitor to ensure a smooth transition from a Dependant Visa to another visa category. They can provide tailored advice based on individual circumstances and help navigate the complexities of the UK immigration system.

Overall, while it is possible for a Dependant Visa holder to switch to another visa category in the UK, careful consideration of eligibility requirements, the application process, immigration rules, and professional advice are crucial for a successful transition.

13. What happens if the main visa holder’s circumstances change?

If the main visa holder’s circumstances change while holding a UK Dependant Visa, it is important to take immediate action to ensure compliance with the visa regulations. Here is what happens when the main visa holder’s circumstances change:

1. Notify the UK Visas and Immigration (UKVI) department about the change in circumstances as soon as possible. This can typically be done by submitting a change of circumstances form or contacting the UKVI directly.

2. Depending on the nature of the change (e.g., change in employment, address, relationship status), the dependant visa holder may need to apply for a new visa or permission to stay in the UK to reflect the new circumstances.

3. Failure to report changes in circumstances can result in the visa being revoked or the dependant being deemed as unlawfully present in the UK, leading to potential deportation or other legal consequences.

4. It is crucial to seek guidance from an immigration advisor or legal expert to understand the implications of the change in circumstances and to ensure that the necessary steps are taken to remain compliant with UK immigration laws.

Overall, it is essential to proactively manage any changes in circumstances that may impact the UK Dependant Visa to avoid legal complications and maintain lawful stay in the UK.

14. Is healthcare provided for Dependant Visa holders in the UK?

Yes, healthcare is provided for Dependant Visa holders in the UK through the National Health Service (NHS). Dependant Visa holders are entitled to access most of the NHS services for free, including consultations with General Practitioners (GPs), emergency treatment at hospitals, and access to specialist care. However, they may be required to pay for certain services such as prescription medications, dental care, and optical services. It is recommended that Dependant Visa holders register with a GP as soon as they arrive in the UK to ensure they have access to necessary healthcare services. Additionally, it is advisable for them to consider obtaining private health insurance to cover any services not provided by the NHS.

15. Can a Dependant Visa holder bring family members from outside the UK to join them?

Yes, a Dependant Visa holder in the UK can bring their family members from outside the UK to join them under certain conditions:
1. The primary visa holder must be on a visa that allows dependants to accompany them, such as a Tier 2 work visa or a UK spouse visa.
2. The family members must meet the eligibility criteria set out by the Home Office, which typically includes being the spouse, unmarried partner, or child under 18 of the primary visa holder.
3. The visa holder must be able to demonstrate that they can financially support their family members in the UK without recourse to public funds.
4. The family members will typically need to apply for a Dependant Visa themselves and provide the necessary supporting documents to prove their relationship to the visa holder.
5. It is important to carefully review the specific requirements and eligibility criteria for bringing family members to the UK as dependants, as these can vary depending on the type of visa held by the primary applicant.

16. What is the difference between a Dependant Visa and a Spouse Visa in the UK?

A Dependant Visa and a Spouse Visa are both types of visas that allow individuals to join their family members in the UK, but there are key differences between the two:

1. Relationship Requirement: The Spouse Visa is specifically for spouses, civil partners, and unmarried partners of UK residents or British citizens. In contrast, a Dependant Visa can be for a wider range of family members, such as children, parents, or relatives, who are dependent on the main visa holder.

2. Application Process: The application process for a Spouse Visa is generally more straightforward and requires evidence of the genuine and subsisting relationship between the applicant and the sponsor. For a Dependant Visa, the main visa holder must demonstrate that they can support their dependants financially during their stay in the UK.

3. Work Rights: Spouse Visa holders are usually granted the right to work in the UK, while this may not be the case for all Dependant Visa holders. The work rights for Dependants are usually more restricted and may require additional permissions.

4. Duration and Renewal: Spouse Visas are usually granted for a longer duration, often up to 2.5 years initially, with the possibility of extension and settlement in the UK. Dependant Visas may be granted for the same duration as the main visa holder’s visa and may need to be renewed in line with the main visa holder’s status.

It is essential to understand these differences and choose the most appropriate visa category based on your relationship to the main visa holder and your individual circumstances.

17. Are there any restrictions on travel outside the UK for Dependant Visa holders?

1. Yes, there are certain restrictions on travel outside the UK for Dependant Visa holders. When a person holds a Dependant Visa in the UK, they are allowed to travel in and out of the country during the validity of their visa. However, there are some important factors to consider:
2. If the Dependant Visa holder plans to be absent from the UK for an extended period of time, it is crucial to ensure that they do not exceed the maximum allowable time outside the UK in a given year.
3. The Dependant Visa holder should maintain their main residence in the UK and should not be absent for more than 180 days in any consecutive 12-month period to maintain their visa status.
4. Additionally, travelling to certain countries may impact their visa status, especially if they are subject to immigration control or are on a watchlist by UK authorities.
5. It is always advisable for Dependant Visa holders to check the specific terms and conditions of their visa and seek guidance from immigration experts before planning any travel outside the UK to avoid any issues or complications with their visa status.

18. Can a Dependant Visa be extended or renewed?

Yes, a Dependant Visa in the United Kingdom can be extended or renewed under certain circumstances. To extend or renew a Dependant Visa, the main visa holder (such as a spouse or parent) must also be extending or renewing their visa at the same time. Additionally, the dependant must continue to meet the eligibility criteria for the visa, including financial requirements and relationship status with the main visa holder. The application process for extending or renewing a Dependant Visa typically involves submitting the necessary forms, supporting documents, and paying the relevant fees. It is essential to ensure that the application is submitted before the current visa expires to avoid any potential issues with immigration status. It is recommended to seek guidance from an immigration advisor or solicitor to navigate the process smoothly.

19. What rights do Dependant Visa holders have in the UK?

Dependant Visa holders in the UK have certain rights that allow them to live, work, study, and access healthcare in the country. Some of the key rights include:

1. Residency: Dependant Visa holders are allowed to reside in the UK for the duration of their visa.

2. Work: They have the right to work in the UK, subject to certain restrictions depending on the type of visa they hold.

3. Study: Dependant Visa holders can pursue educational opportunities in the UK, including enrolling in schools and universities.

4. Healthcare: They are eligible to access the National Health Service (NHS) for healthcare services.

5. Financial Support: Dependants may be entitled to public funds for certain benefits, depending on their circumstances and the terms of their visa.

6. Family Reunion: Dependants can join their family members who are already in the UK on a valid visa.

7. Travel: They are free to travel in and out of the UK, but should ensure they have the necessary documents and permissions for re-entry.

It is important for Dependant Visa holders to be aware of their rights and responsibilities under UK immigration law to ensure compliance and avoid any issues with their visa status while in the country.

20. How can someone appeal a refusal of a UK Dependant Visa application?

When appealing a refusal of a UK Dependant Visa application, there are several steps that can be taken to present a strong case for reconsideration:

1. Review the refusal notice: Carefully go through the reasons provided for the visa refusal to understand the specific grounds on which the decision was made.

2. Seek legal advice: Consider consulting with an immigration lawyer who specializes in UK visa matters. They can provide valuable guidance on the appeal process and help prepare a strong case.

3. Gather additional evidence: Collect any documents or information that can support your case, such as financial records, relationship evidence, or any other relevant documentation.

4. Complete the appeal form: Fill out the Appeal Form IAFT-2 and submit it to the First-tier Tribunal within the specified timeframe provided in the refusal notice.

5. Attend the hearing: If your appeal proceeds to a hearing, make sure to attend and present your case clearly and confidently. Be prepared to answer questions and provide any additional information requested.

6. Follow the appeals process: Wait for the outcome of the appeal and adhere to any further instructions provided by the tribunal.

By following these steps and presenting a compelling case, individuals have a chance to overturn a refusal of a UK Dependant Visa application through the appeals process.