UK Child Dependant Visa Definition
The UK Child Visa comes under the UK Family Visa types and was created for British nationals or residents of the UK with no immigration restrictions to bring their non-EU children to the UK.
UK Child Dependant Visa Eligibility
To qualify for this type of visa, a child must be under 18 years old, living overseas but have a parent or other relative who is a British national, has settled status or is awaiting settlement in the UK. Children of parents who have applied for limited leave as a partner (spouse, civil partner or unmarried partner) of a British national or settled citizen may also be eligible for a child visa for limited leave along with their parent. However, overall eligibility is dependent on several requirements but especially whether a child was born inside or outside of the United Kingdom.
Children born inside the UK.
For children who were born in the UK, the Home Office will grant the same permissions to stay as the parent. The form that you will have to complete will depend on whether your parent has leave to enter or remain in the UK on a 5- or 10-year route to settlement as a British national.
Children born outside the UK.
For children who were born outside of the UK, age is the determining factor. Those who are under the age of 18 years old must not be married, in a civil partnership or living an independent life. There must be adequate financial support in place and one of your parents must be applying or have already applied for a visa to extend their stay as either a partner joining the other parent or as a parent with sole responsibility for you (the child).
It is possible for both children born inside and outside the UK to make an application even if they are older than 18 years old. However, the child should be included on their parent’s application and must be considered a dependent that has had previous permission to come to the UK on a family visa and do not currently live an independent life elsewhere.
Indefinite Leave to Enter the UK as a Child
Applications for Indefinite Leave to Enter the UK as a Child are considered appropriate in several circumstances. Accordingly:
- A child may come to the UK to live with both parents who are British nationals, have indefinite leave to remain status else are seeking settlement themselves at the same time.
- A child may come to the UK to live with only one parent who is a British national or has indefinite leave to remain status and the other parent is deceased.
- A child may come to the UK to live with a parent who is a British national with indefinite leave to remain and has sole responsibility for the welfare of the child.
- A child may come to the UK to live with a parent who is a British national with indefinite leave to remain and there are compelling circumstances that make it obligatory for the child to join their parent in the UK.
- A child may come to the UK to live with another relative who is not their parent but who is a British national with indefinite leave to remain and there are compelling circumstances that make it obligatory for the child to join their relative in the UK.
UK Child Dependant Visa Requirements
Appropriately, a child will have to provide evidence in support of their application. The specified parent or relative may also help prove such requirements depending on the age of the child. Therefore:
- A child will have to prove their relationship to the specified parent or other relative.
- A child will have to prove that they are under 18 years old at the date of application.
- A child will have to prove that they are not married, in a civil partnership or living independently.
- A child will have to prove that there is adequate accommodation and maintenance set up for them with no reliance on UK public funds.
Limited Leave to Enter or Remain in the UK as a Child
Applications for Limited Leave to Enter or Remain in the UK as a Child are considered appropriate when the parent of a child is applying for entry clearance or leave to remain as either the partner of a British national or settled citizen in the UK. Applications may also be considered appropriate however where the parent of a child has already been granted entry clearance or leave to remain as a partner of a British national or settled citizen.
UK Child Dependant Visa Requirements
A child must be able to prove their qualification for entry clearance or leave to remain as the child of a parent that has limited leave as a partner. Again, a child must be able to prove that they meet all the appropriate requirements. Accordingly:
- A child will have to prove that they are the natural child of a parent who is currently living in the UK or applying to come to the UK as a partner.
- A child will have to prove that the parent’s partner is also their parent unless the parent applying for leave has sole responsibility for the child’s welfare and there are compelling circumstances such as the child is the victim of domestic abuse, that make it obligatory for the child to join their parent in the UK.
- A child will have to prove that they are under 18 years old at the date of application unless the child is applying to extend leave but has yet to obtain settlement even though they have reached the age of 18.
- A child will have to prove that they are not married, in a civil partnership or living independently.
- A child will have to prove that there is adequate accommodation and maintenance set up for them with no reliance on UK public funds.
UK Child Dependant Visa Fees
Fees are dependent on the mode of application. Applications made outside of the UK to join a parent cost £1,464 whilst applications made inside the UK online and by post cost £993. There is a greater fee for the use of the premium service which costs £1,583 in total. Fees are still incurred even if you apply as a dependent added to the application of your other parent as above.
Financial Requirements
The financial requirement of a Child Visa Application must be fulfilled by the parent residing in the UK. Immigration Authorities require that a parent bringing a non-EU child into the UK should be self-sufficient to sponsor both themselves and their child. As such, the parent must prove that they possess an income of at least £18,600 per year although savings and all other sources of income can be included to help the parent meet this condition.
Documents
There are several common documents that are required for a Child Visa Application. Accordingly, they are:
- Valid passport with space to affix visa.
- Copies of previous passports.
- Proof of English Language Requirement.
- Proof of financial sufficiency (parental).
- Proof of parental relationship with residing UK parent.
Further supporting documents include:
- Your full name.
- Date of birth.
- Previous immigration applications.
- Any criminal convictions.
- Accredited translations of any documents not in English.
- Tuberculosis test result (travelling from a country that UK requires TB testing certificate).
Confirmation
The Child Visa processing time is variable depending on the mode of application. Using the premium service, the Home Office can provide an answer within one day. However, applications made outside of the UK can take up to 12 weeks or 8 weeks if made within the UK. Application processing may also be delayed if there is a need for an interview or further documents to support your application. The Home Office are thorough during the application process and therefore demand that all requirements are met before any such permit is granted.
Validity
An approved application will be valid for 2 years and 6 months (30 months) after which you will have to extend your stay. You will receive a biometric residence permit (BRP) which will allow you to study and work as well as serve as a form of identification. If you intend to lengthen your stay, then you should extend your BRP before its expiration date to ensure that you are legally entitled to be in the UK.
Additional Advice
Child Visa applications are thoroughly scrutinised by UK Immigration Authorities. There are also many requirements that need to be satisfied including complex financial considerations before a visa will be granted to a child. Our specialist team of immigration solicitors are both approachable and knowledgeable on this specific legal area. Do not hesitate to contact us if you require assistance on any aspect relating to your Child Visa application.
Our experienced immigration lawyers are on hand to offer you expert advice whatever your immigration case, contact us to book your consultation.
Consultations are priced at £199 including VAT.
