This visa allows foreign children to join their parents in the UK. You may not need a visa if one of the parents has Indefinite Leave to Remain (ILR) or Permanent Residence. If your parent has settled or pre-settled status under the EU Settlement Scheme, you may be able to apply under this scheme.
If a child has one of the parents in the UK, and they do not have settled status, they must prove that they have sole responsibility for the child. If the sponsoring parent in the UK cannot prove sole responsibility, they must provide evidence of serious and compelling family considerations or other evidence which makes the child’s exclusion undesirable, and suitable arrangements have been made for the child’s care.
All Child visa applications can be divided into three main categories:
Our solicitors can help with advising on the relevant visa requirements, completing the application form, reviewing necessary documents and other supporting evidence, and accompanying the process until your Fiancé or Proposed Civil Partner visa is issued.
If your visa has been refused, you should have a right to appeal to the First Tier Tribunal as this type of application is considered to be a human rights claim. Depending on your circumstances, you might be able pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).
You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.
All Child visa applications can be divided into three main categories:
Child Dependant visa as a child of a parent with limited leave to enter or remain in the UK
This visa route is available to a dependant child whose parents have been granted or are being granted a limited leave to remain in the UK which leads to permanent residence in the UK. The child can further apply for their visa extension in the UK in line with their parent’s application and, once they complete 5 years in the UK in line with the requirements, can apply for Indefinite Leave to Remain (ILR). To qualify for this visa, a child must:
and (one of the three conditions below applies):
Child Dependant visa as a child of a parent who is settled or applying for settlement in the UK
This visa route is available to a dependant child whose parents are settled or in the process of receiving Indefinite Leave to Remain (ILR) in the UK. To qualify for this visa, a child must:
and (one of the four conditions below applies):
Child Dependant visa as a child of a parent who has or is applying for a partner visa
This visa is available to a dependant child to enter or remain in the UK if one of their parents has been granted or is in the process of being granted a partner visa in the UK under the UK family scheme. To qualify for this visa, a child must:
It is exceptionally important to include all required documentary evidence for a Child Dependant visa as most applications are refused because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence. Below is a list of the most commonly required documents:
You will be required to provide a certified translation of any documents that are not in English or Welsh.
You will be required to submit an online application, pay the fees, upload the scanned documents and other supporting evidence online, arrange an appointment at the visa application centre to provide your biometric information, such as digital photos and fingerprints, and attend an interview if required.
You should get a decision on your visa within 24 weeks if you apply outside of the UK and once you attend the appointment at the visa application centre. For the applications made in the UK, current processing times are 8 weeks. The actual time varies depending on the complexity of the application, and we advise you to check any updates on current visa processing times.
You may be able to switch to a Spouse or Civil Partner visa from the UK if you apply for an extension, i.e. further leave to remain in the UK as a spouse or a partner. You cannot switch to this visa if you are a visitor in the UK or have a valid leave granted for up to 6 months (with a few exceptions). Visitors will be required to leave the UK and make an application for entry clearance as a spouse of a partner from outside the UK.
A Spouse and Civil Partner visa is initially granted for 2 years and 6 months (plus additional 3 months if you are applying for entry clearance). The visa can be extended further for 2 years and 6 months if you continue meeting the eligibility criteria. After a period of 5 years this visa can lead to Indefinite Leave to Remain or Settlement in the UK.
Indefinite Leave to Remain (ILR) allows you to stay in the UK permanently, without a subject to strict immigration control. Once you have lived in the UK for 5 years, you may be able to apply for ILR if you demonstrate that you:
If your Child Dependant visa application has been refused, you should have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) as this type of application is considered to be a human rights claim.
Depending on your circumstances, you might be able pursue further the decision maker’s refusal of your visa via Judicial Review (to challenge the lawfulness of the decision) or via Administrative Review (if a mistake was made by the decision maker when issuing your visa refusal).
You will also have the option to make a new visa application. If you decide to reapply, you shall address in the new visa application all reasons for your refusal, providing all missing information and relevant supporting evidence.
Our solicitors can assist you with your appeal process as it can be a complex immigration matter requiring specialist legal support, advice and representation.
I want to thank Sabina Masimova for all her help with my asylum case in the UK …
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I want to thank Sabina Masimova for all her help with my asylum case in the UK …
I want to thank Sabina Masimova for all her help with my asylum case in the UK …
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