Partners & Family

Adult Dependent Relatives

If you are a non-EEA adult dependent relative of a British citizen in the UK, a person settled in the UK, or a person in the UK with refugee leave or humanitarian protection status, you may qualify to settle in the UK permanently under the Adult Dependent Relative visa category.

You will need to demonstrate that, as a result of age, illness or disability, you require a level of long-term personal care that can only be provided by your relative(s) in the UK and without recourse to public funds. This route is only available to applicants outside the UK.

Requirements for an Adult Dependent Relative visa

In order to qualify for indefinite leave to enter as an Adult Dependent Relative, you will need to satisfy UK Visas and Immigration that:

  • You are the parent aged 18 years or over, grandparent, brother or sister aged 18 years or over or son or daughter aged 18 years or over of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK or a person with refugee leave or humanitarian protection status;
  • As a result of age, illness or disability, you require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking);
  • You are unable, even with the practical and financial help of your family member in the UK, to obtain the required level of care in the country where you are living because it is not available and there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in your country who can reasonably provide it, or because it is not affordable;
  • You will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds (if your family member is a British citizen or settled in the UK, they will be required to sign a 5-year undertaking to this effect).

Duration of Stay

If you are granted an Adult Dependent Relative visa then you will be permitted to enter, and remain in the UK, indefinitely.

Alternative Immigration Routes

The circumstances in which an adult dependent relative of a British citizen or person settled in the UK may qualify to settle permanently in the UK are limited. Non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the United Kingdom enjoy more generous provisions under the Immigration (EEA) Regulations 2006.

In certain circumstances, British citizens may also be able to bring their adult dependent relatives to the UK by relying on these provisions.  

For expert advice and assistance with an Adult Dependent Relative visa application or appeal, call our immigration solicitors in London on 0207 467 5767 or e-mail d.winnie@rfblegal.co.uk

Child Visa Applications UK

If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to enter and remain in the UK indefinitely.  If you are the child under 18 of a parent who has, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may be eligible for leave to remain in line with your parent. 

If you are a child under 18 of a point-based system migrant then you may be eligible to enter and remain in the UK as the Dependent of a PBS migrant. 

Child of a Parent or Relative Settled, or applying for Settlement, in the UK

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

  • Where the child is coming to the UK to live with both parents and either:
  • Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
  • One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
  • Where the child is coming to the UK to live with only one parent and either:
  • One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
  • One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing; or
  • One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
  • Where the child is coming to live with another relative who is not their parent and:
  • The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they satisfy the following requirements:

  • They are related to the parent or other relative as claimed; and
  • They are under 18 at the date of application; and
  • They are not married, in a civil partnership or leading an independent life; and
  • There is adequate accommodation and maintenance for the child, without relying on public funds.

Grant of Leave

If the child’s application for a visa as the child of a parent or relative settled, or applying for settlement, in the UK is approved then they will be granted indefinite leave to enter the United Kingdom.

Child of a Parent with, or applying for, Limited Leave as a Partner

An application for leave to enter or remain in the UK as a child in this category may be appropriate where the child’s parent is applying for entry clearance or leave to remain as the partner of a British citizen or settled person in the UK or where the child’s parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.

In order to qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:

  • They are the child of a parent who is in the UK as, or applying to come to the UK as, a partner;
  • The applicant’s parent’s partner is also the applicant’s parent, unless either:
  • the applicant’s parent has sole responsibility for the child; or
  • there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

Additionally, the child will have to show that they satisfy the following requirements:

  • They are under 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement;
  • They are not married, in a civil partnership or leading an independent life;
  • There is adequate accommodation and maintenance for the child, without relying on public funds.

The UK sponsor will also need to demonstrate that they satisfy a financial requirement by having a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).

The financial requirement can be met through:

  • Salaried and non-salaried income;
  • Self-employed income;
  • Salary and/or dividends from a company of which you are a Director;
  • Property rental income;
  • Dividends and income from investments, stocks, shares, bonds or trust funds;
  • Pension income;
  • Insurance payments;
  • Maintenance payments; and
  • Cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from a specified source.

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement. Different considerations will apply if the UK sponsor is in receipt of certain benefits.

The financial requirement rules are complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds.  

Grant of Leave

If the child’s application for leave to enter or remain in the UK as a child of a parent with limited leave to remain as a partner is approved then the child will be granted leave in line with their parent’s leave.   Once the parent has been granted Indefinite Leave to remain, it may be possible for the child to make an application for Indefinite Leave to Remain.

For expert advice and assistance with a visa application or appeal for your child or children, call our immigration solicitors in London on 0207 467 5767 or e-mail d.winnie@rfblegal.co.uk

 

Fiancé(e)s and Proposed Civil Partners

If you are engaged to a British citizen or someone who has indefinite leave to remain in the UK, then you may be able to apply to join them as their fiancé(e) or proposed civil partner. You can only apply for a fiancé(e) or proposed civil partner visa from outside the UK.

Initial applications: UK fiancé(e) or proposed civil partner visa

General Requirements

In order to qualify for entry clearance as a fiancé(e) or proposed civil partner, you will need to satisfy UK Visas and Immigration that:

  • Your partner is British or holds Indefinite Leave to Remain;
  • You are both over the age of 18;
  • You are not in the UK illegally;
  • You have met in person;
  • You are both free to marry or enter into a civil partnership;
  • Your relationship is genuine and you intend to live together permanently;
  • You intend to marry or enter into a civil partnership within six months of your arrival in the UK;
  • Any previous relationships have broken down permanently;
  • You speak and understand English to the required level;
  • There is adequate accommodation for you and any dependents.

If you have any convictions or a poor immigration history, this may affect your suitability for leave in the fiancé(e) or proposed civil partner category.

Financial Requirement

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will also need to satisfy a financial requirement.

You will need to demonstrate that your UK fiancé(e) or proposed civil partner has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).

You can meet this requirement through:

  • Salaried and non-salaried income;
  • Self-employed income;
  • Salary and/or dividends from a company of which you are a Director;
  • Property rental income;
  • Dividends and income from investments, stocks, shares, bonds or trust funds;
  • Pension income;
  • Insurance payments;
  • Maintenance payments; and
  • Cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from a specified source.

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement. Different considerations will apply if your UK fiancé(e) or proposed civil partner is in receipt of certain benefits.

The financial requirement rules are complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas & Immigration in order to demonstrate access to the relevant funds.

Grant of Leave

If your application for a fiancé(e) or proposed civil partner visa is successful, you will be granted permission to enter and remain in the United Kingdom for a period of 6 months.  After your wedding or civil partnership ceremony has taken place, you will then be eligible to apply to switch into the Spouse and Civil Partner category without having to leave the UK.

If your marriage or civil partnership does not take place before your fiancé(e) or proposed civil partner visa expires, you can extend your stay for a further six months in order to allow the ceremony to take place, provided that there is a good reason why it has not done so to date and evidence that a ceremony will take place within the next 6 months.

For expert advice and assistance with a fiancé(e) or proposed civil partner visa application or appeal, call our immigration solicitors in London on 0207 467 5767 or email d.winnie@rfblegal.co.uk

 

Partners of members of HM Forces

If you are the husband, wife, civil partner, unmarried partner, fiancé(e) or proposed civil partner of a member of HM Forces, then you may be able to apply to join, or stay with, your partner in the UK.

The requirements for entry clearance or leave to remain in the UK as a partner of a member of HM Forces are similar to the requirements that apply to partners of British citizens and settled persons.

Initial applications: Partner of HM Forces visa

General Requirements

In order to be qualify for entry clearance or leave to remain as the partner of a member of HM Forces, you will need to satisfy UK Visas and Immigration that:

  • Your partner is a member of HM Forces who:
  • Is exempt from immigration control (this will be stamped in your partner’s passport); or
  • Has leave to enter or remain as a member of HM Forces; or
  • Is being granted leave to enter or remain as a member of HM Forces at the same time as you; or
  • Is a British citizen;
  • You are both over 18;
  • You have met in person and are either legally married or in a legal civil partnership or are applying to enter the UK in order to enable your marriage or civil partnership to take place;
  • Your relationship is genuine and you intend to live together permanently;
  • Any previous relationships have broken down permanently;
  • You speak and understand English to the required level;
  • There is adequate accommodation for you and any dependents.

If you have any convictions or a poor immigration history, this may affect your suitability for leave in the partner of a member of HM Forces category.

Financial Requirement

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will also need to satisfy a financial requirement.

You will need to demonstrate that your partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).
  • You can meet this requirement through:
  • Income from employment or self-employment;
  • Pension income;
  • Maternity allowance or bereavement benefit;
  • Cash savings.

It is possible to rely on a combination of the above sources of income to satisfy the financial requirement.

Grant of Leave

If your application as a partner of a member of HM Forces is approved then you will be granted leave to enter or remain in the UK for a period of 5 years or in line with your partner’s enlistment if this is less than five years (in the case of a fiancé(e) or proposed civil partner, leave will be granted for a period not exceeding 6 months initially, with the possibility of switching into the spouse or civil partner category once married).  Having resided in the UK for 5 years as a partner of a member of HM Forces you will then be eligible to apply for settlement.

If you would like further advice regarding an application for entry clearance or leave to remain in the UK as the partner or child of a member of HM Armed Forces then please contact our immigration solicitors in London direct on 0207 467 5767 or email d.winnie@rfblegal.co.uk

Spouses and Civil Partners

If you are the husband, wife or civil partner of a British citizen or someone who has indefinite leave to remain in the UK, then you may be able to apply to join, or stay with them, in the UK.  You can also apply if your partner is outside the UK, but intending to return to the UK with you.

If your partner is in the UK but is not settled or British, you may be still able to join, or accompany, them as either a PBS Dependent or as an EEA family member.

Initial applications: UK spouse or civil partner visa

General Requirements

In order to qualify for entry clearance or leave to remain as a spouse or civil partner, you will need to satisfy UK Visas and Immigration that:

  • Your partner is British or holds Indefinite Leave to Remain;
  • You are both over the age of 18;
  • You are not in the UK illegally;
  • You have met in person and are legally married or in a civil partnership;
  • Your relationship is genuine and you intend to live together permanently;
  • Any previous relationships have broken down permanently;
  • You speak and understand English to the required level;
  • There is adequate accommodation for you and any dependents.

If you have any convictions or a poor immigration history, this may affect your suitability for leave in the spouse and civil partner category.

Financial Requirement

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will also need to satisfy a financial requirement.

You will need to demonstrate that your partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).
  • You can meet this requirement through:
  • Salaried and non-salaried income;
  • Self-employed income;
  • Salary and/or dividends from a company of which you are a Director;
  • Property rental income;
  • Dividends and income from investments, stocks, shares, bonds or trust funds;
  • Pension income;
  • Insurance payments;
  • Maintenance payments; and
  • Cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from a specified source.

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement. Different considerations will apply if your partner is in receipt of certain benefits.

The financial requirement rules are complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds.  

Grant of Leave

If your application for entry clearance as a spouse or civil partner is successful then your spouse or civil partner visa will be valid for 33 months initially.  If you apply for leave to remain in the UK as a spouse or civil partner then you will be granted leave valid for 30 months.  You will then be on a five year route to settlement in the UK.

Other options

If you are not able to satisfy certain of the requirements for a spouse or civil partner visa, you may still be able to apply to join or remain with your partner on human rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK.

Extension Applications: UK spouse or civil partner visa

Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay.  The requirements for further leave to remain in the UK as a spouse or civil partner are broadly the same as those that apply to initial applications in the spouse and civil partner visa category.

Settlement Applications: UK spouse or civil partner visa

After spending 5 years (60 months) in the UK as the spouse or civil partner of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as a spouse or civil partner you will need to demonstrate, in addition to the above requirements, that:

  • Since you have been in this category you have lived together with your partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
  • You meet the higher English Language requirement that applies to settlement applications;
  • You have passed the Life in the UK test.

If you make an application for indefinite leave to remain as a spouse or civil partner but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as a spouse or civil partner.

For expert advice and assistance with a spouse or civil partner visa application or appeal, call our immigration solicitors in London on 0207 467 5767 or e-mail d.winnie@rfblegal.co.uk

 

Unmarried Partnerships

If you are the unmarried partner of a British citizen or a person with indefinite leave to remain in the UK, then you may be able to apply to join, or stay with them, in the UK.  You can also apply if your unmarried partner is outside the UK, but intending to return to the UK with you.

If your unmarried partner is in the UK but is not settled or British, you may be still able to join, or accompany, them as either a PBS Dependent or as an EEA family member

Initial applications: UK unmarried partner visa

General Requirements

In order to qualify for entry clearance or leave to remain as an unmarried partner, you will need to satisfy UK Visas and Immigration that:

  • Your partner is British or holds Indefinite Leave to Remain;
  • You are both over the age of 18;
  • You are not in the UK illegally;
  • You have met in person and have lived together in a relationship akin to marriage or civil partnership for at least 2 years;
  • Your relationship is genuine and you intend to live together permanently;
  • Any previous relationships have broken down permanently;
  • You speak and understand English to the required level;
  • There is adequate accommodation for you and any dependents.

If you have any convictions or a poor immigration history, this may affect your suitability for leave in the unmarried partner category.

Financial Requirement

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will also need to satisfy a financial requirement.

You will need to demonstrate that your partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).
  • You can meet this requirement through:
  • Salaried and non-salaried income;
  • Self-employed income;
  • Salary and/or dividends from a company of which you are a Director;
  • Property rental income;
  • Dividends and income from investments, stocks, shares, bonds or trust funds;
  • Pension income;
  • Insurance payments;
  • Maintenance payments; and
  • Cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from a specified source.

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement. Different considerations will apply if your partner is in receipt of certain benefits.

The financial requirement rules are complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds.  

Grant of Leave

If your application for entry clearance as an unmarried partner is successful then your unmarried partner visa will be valid for 33 months initially.  If you apply for leave to remain in the UK as an unmarried partner then you will be granted leave valid for 30 months.  You will then be on a five year route to settlement in the UK.

Other options

If you are not able to satisfy any of the requirements for an unmarried partner visa, you may still be able to apply to join or remain with your partner on human rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK.  For more information on this route please see the section on Human Rights.

Extension Applications: UK unmarried partner visa

Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay.  The requirements for further leave to remain in the UK as an unmarried partner are broadly the same as those that apply to initial applications in the unmarried partner visa category.

Settlement Applications: UK unmarried partner visa

After spending 5 years (60 months) in the UK as the unmarried partner of a British citizen or settled person, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as an unmarried partner you will need to demonstrate, in addition to the above requirements, that:

  • Since you have been in this category you have lived together with your partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
  • You meet the higher English Language requirement that applies to settlement applications;
  • You have passed the Life in the UK test.

If you make an application for indefinite leave to remain as an unmarried partner but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as an unmarried partner.

For advice and assistance with an unmarried partner visa application or appeal, call our immigration solicitors in London on 0207 467 5767 or e-mail d.winnie@rfblegal.co.uk

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