Child Dependant Visa UK

Usually, both parents need to live in the UK for their child to secure a dependant visa. However, only one parent needs to be in the UK if they have sole responsibility for the child or there are compelling reasons why the child should be granted a visa. Ultimately, UK Visas & Immigration (UKVI) aims to make decisions in the best interests of the child, which may include granting a child dependant visa even if only one parent lives in the UK, under particular circumstances.

It can be complicated to secure a dependent child visa in the UK, especially because eligibility criteria may change depending on the specific circumstances. Speak to Latitude Law for advice on making a UK dependant visa application, as our support can help you to gain the best possible result.

In theory, you do not need settled status or indefinite leave to remain in order for your child to be granted permanent residence. The Secretary of State can exercise discretion and register your child as a British citizen if it is considered appropriate, having regard to published Home Office guidance. Practically, you must show that your child’s future is in the UK.

Unlike for certain visa applications for adults, there is no requirement for a child to demonstrate an understanding of the English language in order to secure a visa.

Home Office service standards differ depending on the type of visa applied for. Our legal team can advise you of current waiting times for both standard and – where available – priority processing in your chosen visa category.

If your child’s visa is refused, you may be entitled to pursue an administrative review or an appeal. You will normally be told your options with your refusal decision. Note that both these options are currently taking many months to resolve – in the case of administrative review, often more than a year. It may therefore be better to simply re-apply.

A step-child can be eligible for a child dependant visa, but you may be required to provide additional supporting documents in your application. These include:

• Proof that the parent or step-parent making the application has legal responsibility for the child
• Permission from the child’s other biological parent to live in the UK
• Evidence that they are responsible for organising the day-to-day upbringing of the child, such as schooling and care

If your application does not make these points fully clear, the Home Office will want to investigate the situation further until they are satisfied that it is in the family’s best interests for the child to acquire a visa and move to the UK.

For a child to be eligible for a child dependant visa, they must be considered a dependant of the main parent who is making the application. This means the child must be under the age of 18, unmarried and not leading an independent life outside the UK.

If you are concerned about your child’s ability to secure a UK visa, speak to the team at Latitude Law. We can advise you on whether or not the child is considered a dependant of the main applicant under UK law and their eligibility for this type of visa – if they are not eligible, we can also discuss other visa routes that may be more suitable for their needs.

There are several types of documentation you may need to supply as part of your application form. The exact evidence you need to supply will depend on your country of origin, and you may be asked for other types of evidence at the discretion of UKVI. The most common types of documentation are a passport, and proof of the child’s relationship to the main applicant. You may need to include the results of a tuberculosis test, depending on the country your child lives in. If asked, you must provide evidence that the child will have suitable accommodation in the UK and that you meet any relevant eligibility requirements to sponsor them.

The current visa fee for dependants is £1,846 if you apply from outside the UK, or £1,048 if you apply from within the UK or switch from another visa route. However, these are regularly subject to change and it is vital to check official guidance from the UK government to confirm that this is correct.

A child dependant can study at any level of education in the UK provided they are under the age of 18. A dependant family member who is over 18 or who wants to work may be able to do so but restrictions will apply. To attend university, they may need to apply for a Student visa in their own right. They will be treated as international students for the purposes of university fees, unless they are settled in the UK and can demonstrate three years’ residence.

It is important to note that the child must always comply with the specific conditions of their visa and should not engage in any work or activities that are not allowed under their visa category. The child’s sponsor (usually their parent or legal guardian) is responsible for ensuring that the child complies with all visa requirements. If the child wishes to pursue higher education in the UK or engage in full-time work as an adult, they will need to transition to the appropriate visa category. Speak to the team at Latitude Law for advice on visa category restrictions and choosing the right visa route for your needs.