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What is the Skilled Worker Dependant Visa?
The Skilled Worker Dependant visa allows ‘dependants’ of Skilled Worker visa holders to also stay in the UK. A dependant of a Skilled Worker visa holder is any of the following:
- Their husband, wife, civil partner, or unmarried partner.
- Their child under 18.
- Their child over 18 (if they’re currently in the UK as a dependant).
Husband, Wife or Partner Applications
To be eligible for the dependant visa as a husband, wife or partner, applicants must provide evidence of their relationship with the principal visa applicant. They must prove that either:
- they’re in a civil partnership or marriage that is recognised in the UK; or
- they have been living together in a relationship for at least two years by the time of application.
Applicants are also required to satisfy the following requirements:
- Both partners must be at least 18 years of age at the time of application.
- The principal applicant and the dependant partner must be in a genuine and subsisting relationship and intend to live together throughout their stay in the UK. It is however acceptable for one party to travel for work purposes.
The application will be refused in any event if the relationship is polygamous and another person already holds permission as the spouse or partner of the lead applicant, regardless of whether that relationship has ended.
With child applications, some of the eligibility requirements apply to all children dependants and others apply only to children of specific ages.
All Child Dependants
All dependant children must submit evidence that they are related to the lead applicant as claimed.
Additionally, both parents of the dependant child applicant must be either applying at the same time as the applicant or have permission to be in the UK (excluding visitor visas). However, there are exceptions if, for example, the principal applicant is the sole surviving parent or primary carer for the child, or there is some other serious and compelling reason to allow the child to stay with the principal applicant.
Child Dependants of 16 and Over
All children over 16 must not be leading an independent life. This means that they must still be wholly or mainly financially reliant on the principal applicant or their dependant partner. It also means the child cannot be married or in a civil partnership.
The Home Office must also be satisfied that the child will be living with the principal applicant and any dependant partner in suitable care arrangements, unless they are over 18.
Child Dependants of 18 and Over
Children over the age of 18 cannot apply for a dependant visa if they are outside of the UK. They can apply from inside the UK but only if they are already here as a dependant. They must not be leading an independent life.
Applying from Outside the UK
An applicant for the Skilled Worker Dependant visa can apply from outside the UK. This application is completed online. Applicants will have to provide biometrics at the visa application centre as part of the process. If the visa is granted, they must collect a biometric residence permit within 30 days of arriving to the UK.
Applying from Inside the UK
If the dependent is already in the UK on a different type of visa, they can apply to switch to the Skilled Worker Dependent visa without returning to their country of origin. This is also completed online via the government website.
Any dependant coming to the UK must have sufficient finances available to support themselves during their stay in the UK. The principal applicant or the dependant must demonstrate that they have the following funds available for at least 28 days in a row (Day 28 must be within 31 days of the application for the dependant visa):
- Partner = £285
- One Child = £315
- Each Additional Child = £200
It should also be noted that these funds are in addition to the funds required by the principal applicant under their Skilled Worker visa.
Additional Eligibility Requirements
In addition to the requirements above, dependants must also have been granted entry clearance prior to coming to the UK (unless they are in the Creative Worker Route).
Evidence of a tuberculosis screening will also be required if the dependants are from a country on this list.
The Application Process
The dependant will be expected to provide a series of documents at an interview, where they will be considered further. Documents will include previous passports to show travel history and original birth or marriage certificates to show the dependant’s relationship to the Skilled Worker visa holder. If the official documents are not in English, they must be fully translated.
How Can NA Law Solicitors Help with Skilled Worker Dependant Visas?
As specialists in UK immigration law, we can guide you through the entire application process, from reviewing the necessary documents to finally submitting your application. If you or a loved one are considering the Skilled Worker Dependant visa, please do not hesitate to get in touch.