Introduction
The UK Dependant Visa allows family members of individuals living in the UK on specific visas, such as skilled workers or students, to join them. This guide provides a comprehensive overview of eligibility criteria, the application process, and key considerations for dependants looking to live, work, or study in the UK alongside their family member. Whether you’re a spouse, partner, or child, understanding the requirements and benefits of the UK Dependant Visa is essential for a smooth transition to life in the UK.
What is the UK Dependant Visa?
The UK Dependant Visa allows family members of individuals already living in the UK to join them. This visa is granted for the same period as the main visa holder’s stay in the UK. For example, if your partner’s visa is valid for two years, your dependant visa will also likely be issued for the same duration.
Dependant visa holders have considerable freedom in the UK. They are allowed to live, work, study, and travel in and out of the country without needing a specific sponsor for employment. However, it’s essential to remember that not all visa types permit dependants to join. Consulting an immigration lawyer can help clarify if your visa qualifies.
Who Qualifies as a Dependant?
The term “dependant” under UK immigration law generally refers to:
- Partners of the Main Visa Holder: This includes a spouse, civil partner, or an unmarried partner (if you’ve been in a relationship for at least two years).
- Children: Children under the age of 18 can apply as dependants, provided their parent is a UK visa holder or has Indefinite Leave to Remain (ILR) or British citizenship.
In specific circumstances, other close family members may qualify, but this is typically limited to cases involving Adult Dependant Relatives (ADR). This category is for UK residents who hold ILR or British citizenship and need to bring close family members who require long-term care due to age, illness, or disability.
Benefits of the Dependant Visa
Dependant visa holders enjoy several advantages, including the ability to:
- Work without needing a job sponsor
- Study in the UK
- Travel in and out of the country free
Visa Categories Eligible for Bringing Dependants to the UK
Not all UK visa holders can bring dependants to the UK. The ability to bring family members depends on the specific visa category the main applicant holds. Below are the key visa categories that allow for dependants:
1. Skilled Worker Visa
Holders of a Skilled Worker Visa can bring their dependants, which include spouses, partners, and children under 18.
2. Global Business Mobility Visas
Certain Global Business Mobility (GBM) visas allow dependants. These include visas like the Global Talent Visa, Graduate Trainee Visa, and Senior or Specialist Worker Visa.
3. Student Visa (from January 2024)
Starting in January 2024, international students in the UK can bring dependants only if they are enrolled in PhD or postgraduate research programmes. Other students will not be eligible to bring dependants under this new rule.
4. Tier 1 Visa Categories
Various Tier 1 visas, such as the Tier 1 (Investor) Visa and the Tier 1 (Entrepreneur) Visa, allow visa holders to bring dependants to the UK.
5. Ancestry Visa
If you hold an Ancestry Visa, you can also bring your dependants, including your spouse or partner and children.
6. Other Work Visas
Certain other work visas, such as the Minister of Religion Visa or the Sportsperson Visa, also allow dependants to accompany the main visa holder.
Important Considerations for Dependant Visas
Each visa category has its own rules regarding dependants, including financial requirements, proof of relationship, and other conditions. For example, you may need to show evidence of sufficient funds to support your dependants during their stay in the UK.
What Are the Requirements for a Dependant Visa in the UK?
To successfully apply for a UK Dependant Visa, applicants must meet specific criteria. These requirements can vary based on the main visa holder’s status, but the key factors generally include:
1. Relationship Requirements
You must provide evidence that you are a dependant family member of the main visa holder. This includes being a spouse, partner, or child of the visa holder. It’s also essential to prove that you intend to live with the main applicant in the UK during your stay.
2. Financial Requirements
Applicants need to show they have enough money to support themselves and their dependants without relying on public funds. For a Skilled Worker Dependant Visa, the required financial proof is:
- £285 for a partner
- £315 for the first child
- £200 for each additional child
These financial requirements may be waived if both the main visa holder and the dependant have been living in the UK for at least 12 months. For more information about financial requirements, refer to our guide on Financial Requirements for UK Family Visas in 2024.
3. Proof of Identity and Relationship
Applicants must provide documents that verify their identity and relationship to the primary visa holder. This can include:
- Marriage or civil partnership certificates
- Birth certificates for children
- Evidence of cohabitation (for unmarried partners)
For more tailored guidance, check out our articles UK Fiancé Visa: A Comprehensive Guide and UK Spouse Visa: Your Complete Guide 2024 to ensure you have all the information you need to make the process as smooth as possible.
How to Apply for a UK Dependant Visa
Applying for a UK Dependant Visa can seem complex, but following these steps can help guide you through the process:
1. Complete the Online Application
Begin by completing the appropriate online application form for your specific visa category. Ensure you use the correct form, as it differs depending on the visa category of the main applicant. You will also need to include the unique reference number from the main visa holder’s application.
2. Pay the Fees
After completing the application form, you will need to pay the necessary application fee for the Dependant Visa. In addition, you must also pay the immigration healthcare surcharge, which grants access to the UK’s National Health Service (NHS).
3. Submit Supporting Documents
Submit all required documents, such as proof of relationship, evidence of financial stability, and the main applicant’s visa status. Upload these documents through the UK Visas and Immigration (UKVI) portal.
4. Attend a Biometric Appointment
Schedule and attend a biometric screening appointment. If applying from the UK, this will be at a UK Visa and Citizenship Application Services (UKVCAS) centre. If you’re applying from outside the UK, it will be at a Visa Application Centre (VAC). At this appointment, your fingerprints and photograph will be taken.
Required Documents for a UK Dependant Visa Application
When applying for a UK Dependant Visa, having the correct documentation is essential. The specific documents you need may vary depending on the visa held by the main applicant, but generally include the following:
1. Proof of Identity
A valid passport is typically required to prove your identity.
2. Proof of Relationship
Provide documents like a birth certificate (for children), marriage certificate, or civil partnership certificate, depending on your relationship to the main visa holder.
3. GWF or UAN Number
You will need to submit the Global Web Form (GWF) or Unique Application Number (UAN) of the main visa holder to connect your application to theirs.
4. Proof of Dependence
If necessary, provide documents such as rent or mortgage payments, school or college fee receipts, or letters that show you share the same address as the main visa holder.
5. Financial Documents
Submit bank statements that demonstrate you have enough money to meet the financial requirements of the visa. The bank statements must show that you’ve held the required amounts for at least 28 days before the application.
Extending a Dependant Visa
How to Extend Your Dependant Visa
Dependant Visas are usually granted for the same duration as the main applicant’s visa. If you need to extend your stay, you can apply for a visa extension either at the same time as the primary visa holder or anytime before your current visa expires.
To extend a PBS Dependant Visa, you must complete the application process online. The fees for extending the visa vary depending on the specific visa category of the main PBS Visa holder. It is important to meet all requirements and submit your application on time to ensure a successful extension.
Applying for Indefinite Leave to Remain (ILR)
Holders of a UK Dependant Visa might be eligible to apply for Indefinite Leave to Remain (ILR) after living in the UK for a continuous period. The eligibility for ILR largely depends on the visa category of the main applicant. For example, dependants of those on a Skilled Worker Visa can usually apply for ILR after residing in the UK for five years.
To apply for ILR, the main visa holder either needs to already have ILR or be applying for it at the same time. The exact requirements and timelines for applying for ILR can differ based on the visa type of the main applicant.
Understanding these procedures and planning ahead can help ensure a smooth transition to extending your visa or applying for ILR.
Dependant Visa Refusal and Appeal Process
If your UK Dependant Visa is refused, it can be upsetting, but it doesn’t have to be the end of the process. There are steps you can take to overturn the refusal.
Common Reasons for Dependant Visa Refusal
- Application Form Errors: This can include missing crucial details or making mistakes that cast doubt on the validity of your application.
- Failure to Meet Requirements: Not fulfilling the financial or other criteria can lead to a refusal.
- Insufficient Documentation: Failing to provide the necessary documents or submitting them in the wrong format is a frequent reason for visa denials.
- Lack of Clear Explanation: Bundling documents without a clear explanation or cover note may confuse immigration officials, making it difficult for them to understand the evidence.
- Missing Essential Evidence: Providing photocopies instead of originals or omitting key documents can weaken your application.
What to Do If Your Visa Is Refused
If your Dependant Visa is refused, it may disrupt your plans to reunite with your family in the UK, but you do have options. You can appeal the decision or request an administrative review in certain cases.
Your refusal letter from the Home Office will outline your appeal rights. A successful appeal often results in the visa being granted after further review by the Home Office. If the appeal is unsuccessful, you may still be able to pursue legal action through the Upper Tribunal.
Seeking Professional Assistance
Navigating the appeal process can be complex. Consulting with an immigration solicitor can greatly improve your chances of success. They can help you understand the refusal letter, guide you through the appeal, and develop a strong strategy to contest the decision.
By addressing the issues that led to the refusal and presenting a well-prepared appeal, you can increase your chances of successfully overturning a Dependant Visa refusal.
Need Help With Your Dependant Visa?
Applying for a UK Dependant Visa can be overwhelming, but you don’t have to go through it alone. At Family Visa Lawyers, we’re here to guide you every step of the way, ensuring your application is as smooth and stress-free as possible.
What We Offer:
- Personalised Consultation: We take the time to understand your unique situation and provide tailored advice to meet your needs.
- Document Review and Preparation: To avoid delays or rejections, we help you gather and organise all the necessary documents.
- Application Submission Support: Our team will guide you through the online application process, removing any confusion or uncertainty.
- Continuous Communication: We keep you informed at every stage and are always available to answer any questions you may have.
At Family Visa Lawyers, our priority is to make your visa application process easier, giving you the best chance for a successful outcome and reuniting you with your loved ones in the UK.
Contact us today to get the dedicated support you need and start your journey toward a smooth Dependant Visa application.
FAQS
What Is the UK Dependant Visa?
The UK Dependant Visa permits family members, including spouses, partners, and children under 18, of individuals with a valid UK visa (such as a work or student visa) to come and live with them in the UK
Are Dependants Allowed to Work and Study on a UK Dependant Visa?
Yes, dependants holding a UK Dependant Visa can work in the UK without any employment restrictions. They are also free to study while living in the UK under this visa.
How Long Is a UK Dependant Visa Valid?
A UK Dependant Visa is typically valid for the same length of time as the main visa holder’s stay in the UK.
Can a UK Dependant Visa Lead to Permanent Residency?
Yes, a dependant can apply for Indefinite Leave to Remain (ILR) after living in the UK for the required period, typically five years. However, additional requirements must be met to qualify for ILR.
Can I Travel Outside the UK with a Dependant Visa?
Yes, holders of a UK Dependant Visa can travel in and out of the country. However, extended absences could impact eligibility for settlement, so it’s important to consider this when planning your travels.
What Documents Are Needed for a Dependant Visa Application?
The required documents for a Dependant Visa application depend on the visa category of the main visa holder. Common documents include proof of your relationship, financial evidence, and documents verifying the main visa holder’s status in the UK.
