What is the Child Dependent Visa application?
The Child Dependent Visa application is for children that wish to accompany or join their parent(s) to live the UK.
The type of application to be made depends entirely on whether the child was born in our outside of the UK, whether they are under or over 18 and what type of leave their parent(s) have if the child was born outside of the UK.
I am already present and have settled status in the UK. Can I bring my child on a Child Dependent Visa application?
The answer is yes. However, the following requirements must be met:
- Both the parents must be lawfully present in the UK (not a visitor); or both parents must be granted entry clearance or leave to remain at the same time as the child, or
- One parent must be lawfully present in the UK (not a visitor) and the other parent must be granted entry clearance or leave to remain at the same time as the child.
If only one parent is in the UK and the other is not being granted entry clearance or leave to remain at the same time as the child, then it must be shown that the sponsoring parent that is lawfully present in the UK:
- is the sole surviving parent; or
- has the sole responsibility of the child’s upbringing; or
- has serious or compelling family or other conditions which would make it undesirable to refuse the application
- has a child under the age of 18 on the date of application that is not married, in a civil partnership or living an independent life
- and must be to provide adequate maintenance and accommodation for the child without recourse to UK public funds
I have limited leave to remain in the UK. Can I bring my child on a Child Dependent Visa?
Most of the points based visa categories allow for the children of the migrants to accompany or join them in the UK. If you are a points based migrant, for your child to obtain leave to remain, the child must be under the age of 18 on the date of application and must not be married, in a civil partnership or live an independent life.
If your child is 18 or over, they must have been granted leave as the family member of a points based migrant or of someone applying for leave as a points based migrant at the same time.
What is an independent family unit and an independent life?
Examples of what might be regarded as having formed an independent family unit include if the child is living with a partner or have children of their own.
Examples of living an independent life include if for instance your child is living away from family home except when due to academic endeavours such as attending boarding school or University. If your child is in full time employment or appears to be financially independent (where their income exceeds their expenditure), then that will also be regarded as living an independent life.
How is ‘sole responsibility’ of the child defined?
To prove that you have sole responsibility of the child as the sponsoring parent, you must show that he/she has been solely responsible for the parental care over the child for a substantial period. If it is the case that you were separated from the child, it must be shown that the child have been in the care of the your relatives rather than the relative of the other parent.
Following are some of the factors that will be considered in assessing sole responsibility:
- Whether the parents are married/in a civil partnership
- If the marriage/civil partnership is dissolved – which parent was awarded legal custody
- If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
- If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
- Who bears the child’s maintenance costs and at what proportion
- Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc
What are ‘serious and compelling family or other reasons’?
What falls under ‘serious and compelling family or other reasons’ depends on the circumstances surrounding the particular case when taking all the evidence as a whole.
Factors such as whether there are emotional and or physical factors relating to the sponsoring parent in the UK and whether there are mental or physical incapability of the non-sponsoring parent will be considered.
How can we help with your Child Dependent Visa application?
Making a child dependent relative visa application is a complex and time-consuming process. At NA Law Solicitors our team of specialist immigration lawyers can assess your circumstances to ascertain if this is the most suitable visa option for you and your child.
Once you have instructed us, we will assist with the collation of documents and work with you to ensure that we provide sufficient supporting evidence to meet the requirements set by the Home Office. We will also prepare detailed legal representations in support of your application and keep you thoroughly updated during the entire process.
Get in touch today for a free initial case assessment!