The UK child dependant visa is the route that allows a child to join, remain with, or settle with a parent in the United Kingdom. It is part of the UK family visa category but can also lead to settlement if certain conditions are met. Whether a child can apply and what route they should use depends on various factors, such as the parent’s immigration status, the child’s age, and the child’s living arrangements.
Table of Contents
- What is the UK child dependant visa?
- Who can apply?
- UK child dependant visa requirements
- Financial requirement and maintenance
- English language requirement
- Documents usually required
- How to apply?
- Fees and processing times
- Route to settlement
- Common reasons for refusal
- Why choose Sterling Law?
- FAQ
What is the UK child dependant visa?
This is the route used where a child wants permission to live in the UK with a parent under the family immigration rules. It can apply where the child is joining a parent from abroad, staying in the UK with a parent, extending existing leave, or later moving towards settlement. The correct form and legal basis depend on the parent’s own route and on whether the child is applying at the same time as the parent or separately.
The route covers several different situations. These include:
- a child born outside the UK who is joining a parent on the family route
- a child born in the UK who needs the same immigration permission as a parent
- a child who already holds leave as a child and now needs an extension
- a child who may qualify for settlement because a parent is British or settled
In some cases, a child may need to apply for a settlement instead of a temporary leave. In other cases, a child born in the UK after a parent has settled may already be British or may be eligible to register as British rather than apply for immigration permission on the family route.
Who can apply?
The answer depends mainly on four issues:
- the child’s age
- whether the child was born inside or outside the UK
- the immigration position of the parent in the UK
- whether the child is already on the family route
| Situation | General position |
| Child born outside the UK and under 18 | May apply if one parent is applying or has applied as a partner and the person they are joining is the child’s other parent, or if the parent is applying as a parent and has sole parental responsibility, or if the parent has protection status, or if there are serious reasons and proper care arrangements |
| Child born in the UK and under 18 | Usually receives the same permission to stay as the parent and can be added to the parent’s next application or apply separately |
| Child aged 18 or over | Usually possible only if the child already had leave on the family route before turning 18 and still meets the dependency rules |
| Parent is British or settled | The child may need to consider settlement as a child rather than a temporary family visa |
Children born outside the UK
A child born outside the UK may apply if they are under 18 and one parent is applying or has applied on the relevant family route. The child must usually live with the parent, unless living away from home in full-time education, and must not be married or in a civil partnership. A child may also qualify where the sponsoring parent has refugee status or humanitarian protection.
If the child is not joining both parents, the case becomes more detailed. The rules then focus on whether the sponsoring parent has sole parental responsibility, whether the other parent is deceased, or whether there are serious and compelling reasons why the child should be allowed to come to or remain in the UK. Suitable arrangements for the child’s care must also be shown.
Children born in the UK
A child born in the UK does not automatically become British in every case. For immigration purposes, a child born in the UK will usually be granted the same type of permission as the parent. They can normally be added to the parent’s next application or apply separately.
There is, however, an important exception. If the child was born in the UK after a parent had already become settled, that child does not usually need settlement on this route and may already be British or able to apply for citizenship. This point should always be checked carefully before any visa application is prepared.
Children aged 18 or over
The route does not automatically close on a child’s 18th birthday, but the rules become narrower. A child who is 18 or over can usually only apply if they already had permission on the family route before turning 18. They must still be living with a parent or relative, must not be married or in a civil partnership, and must not be living an independent life.
For settlement cases, applicants aged 18 or over may also need to pass the Life in the UK Test and meet the English language requirement.
UK Child dependent visa requirements
The child must not be living an independent life
One of the most important requirements is that the child must not be leading an independent life. This rule is not limited to younger children. Current guidance makes clear that a person who turned 18 can still qualify as a dependent child if they were previously granted leave as a dependent child and still meet the dependency rules.
In practical terms, the Home Office will usually expect the child to be living with the parent, unless they are living away from home for full-time education. University accommodation or boarding school does not automatically mean a child is living independently. On the other hand, evidence of a separate household, marriage-like relationship, shared finances, or a settled adult life can create a serious problem for the application.
The relationship with the sponsoring parent must fit the rules
For the family and settlement routes, the parent can be a biological parent, legal parent or adoptive parent. Where the child lives with two parents in the UK, both generally need to hold the required status. Where the child lives with one parent, that parent must usually have the required status and, in many cases, sole responsibility for the child unless another exception applies.
Sole parental responsibility
Sole parental responsibility means more than paying for the child or being emotionally close to the child. Current guidance explains that it means one parent is exercising sole control in setting and providing the day-to-day direction and care for the child’s welfare.
The Home Office will usually want to see evidence that one parent alone is making the important decisions in the child’s life, including decisions about:
- education
- health and medical treatment
- religion
- residence
- holidays and recreation
- general welfare and guidance.
Serious or compelling reasons
If sole responsibility cannot be shown, the application may still succeed where there are serious and compelling reasons and proper care arrangements are in place. The Home Office must treat the child’s best interests as a primary consideration.
Guidance shows that decision-makers may look at points such as:
- why the other parent is not coming to the UK
- whether there is a good reason the child should not stay overseas with that parent
- whether living in the UK would be in the child’s best interests
- whether the other parent has given written consent
- whether the child’s care arrangements in the UK are safe and credible
Factors that may support this type of case include situations where the other parent cannot safely care for the child, cannot legally or practically keep the child with them, plans to join later after work, study or medical treatment, or where the child already lives with the parent who is applying and the other parent does not intend to move. By contrast, these arguments are usually weaker where the child is already in a settled environment overseas with the other parent or with relatives who can continue to care for the child.
Financial requirement and maintenance
The general minimum income threshold for partner family visa applications remains £29,000 a year. How the requirement is proved depends on the source of the income. Depending on the case, the evidence may include employment income, self-employment income, qualifying savings, pensions or non-work income. The family route also requires adequate support and accommodation without reliance on public funds.
English language requirement
A child applying on this route does not need to prove knowledge of English. This is a clear exemption under the current family visa rules. The position may be different later if the applicant is over 18 and moving on to settlement, because adult applicants can then face English language and Life in the UK requirements.
Documents usually required
The exact bundle depends on the facts of the case, but most well-prepared applications contain the following core categories of evidence.
| Document type | Why it matters |
| Current passport or travel document | Identity and nationality |
| Full birth certificate | Confirms the parent-child relationship |
| Parent’s status documents | Shows the correct sponsoring route |
| Financial evidence | Shows the parent meets the relevant financial test or maintenance requirement |
| Accommodation evidence | Shows where the child will live and on what basis |
| Evidence about parental responsibility | Essential where both parents are not applying together |
| Consent documents | Often important where the other parent remains overseas |
| School, medical or care evidence | Can support dependency and best interests |
| TB certificate where required | Mandatory for applicants from listed countries |
| Certified translations | Required for documents not in English or Welsh |
How to apply?
The process depends on whether the child is applying from outside the UK, inside the UK, at the same time as the parent, or separately from the parent. If the child is already in the UK, the application is usually made online. A person in the UK as a visitor or on a visa of six months or less will usually need to leave the UK and apply from abroad, unless a limited exception applies.
A typical case usually follows these steps:
- identify the correct route
- confirm whether the application is for entry clearance, permission to stay, extension or settlement
- gather relationship, care, financial and accommodation evidence
- complete the correct form
- pay the visa fee and, where applicable, the Immigration Health Surcharge
- attend biometrics
- respond quickly to any further requests for evidence
Fees and processing times
| Item | Current amount or timeframe |
| Family visa application fee outside the UK | £1,938 |
| Family visa application fee inside the UK | £1,321 |
| Immigration Health Surcharge for applicants under 18 | £776 per year |
| Typical IHS for under 18s for 2 years 6 months | £1,940 |
| Typical IHS for under 18s for 2 years 9 months | £2,328 |
| Standard decision time outside the UK | Usually 12 weeks |
| Standard decision time inside the UK | Usually 8 weeks |
Processing times may vary depending on the complexity of the case.
Route to settlement
For many families, the child dependant visa is one stage in a longer settlement plan. A child may later be able to apply for indefinite leave to remain as a child if they already have leave on the family route and the parent is British or settled in the UK. A child may also qualify in certain other situations, including where the parent is applying for settlement on the 10-year route.
The main settlement conditions usually include the following:
- the child must already have the relevant family leave as a child
- the parent must be British, settled, or otherwise fall within the relevant settlement rule
- the child must still be living with the parent or relative
- the child must not be married, in a civil partnership or living an independent life
- the child must be adequately supported and accommodated without recourse to public funds
For applicants aged 18 or over, additional requirements can include the Life in the UK Test and English language evidence.
Common reasons for refusal
The most common refusal points include:
- using the wrong immigration route
- weak or inconsistent evidence on sole parental responsibility
- failing to explain the role of the other parent
- poor evidence of serious and compelling reasons
- financial documents that do not fit the exact evidential rules
- signs that the child may be living an independent life
- unclear or inadequate accommodation and care arrangements
Why choose Sterling Law?
At Sterling Law, we assist families in navigating the complexities of child dependant visa applications. We ensure the right route is followed, evidence is correctly prepared, and the application meets all legal requirements. Our expertise can help avoid unnecessary delays, refusals, and complications, ensuring the best outcome for your family’s future.
Sterling Law can assist by:
- checking that the child is being placed on the correct route from the start
- assessing whether the evidence supports sole responsibility or whether the case should be argued on serious and compelling reasons
- identifying weaknesses in the financial and documentary bundle before submission
- preparing structured legal representations for complex family situations
- advising on extensions, settlement, and refusal strategy where the case has already become difficult
If you’re unsure about the process or need assistance, get in touch with us for professional advice and support in making your child dependant visa application.
Frequently Asked Questions
Can a child apply if only one parent is in the UK?
Yes, but the case will usually need to show one of the recognised legal bases, such as sole parental responsibility, the death of the other parent, or serious and compelling reasons supported by evidence.
Can a child over 18 still qualify?
Yes, in some cases. The child usually must already have had leave on the family route before turning 18 and must still not be living an independent life.
Does a child need an English test?
No. A child applying on this route does not need to prove knowledge of English.
What if the parent has a work visa instead of family leave?
In that situation, the child will usually need the relevant dependant route rather than the family child route.
How much does the application cost?
At present, the application fee is £1,938 if the application is made from outside the UK and £1,321 if made from inside the UK. Additional charges may apply, including the Immigration Health Surcharge.
How long does a child application usually take?
Standard processing is usually around 12 weeks for applications made from outside the UK and around 8 weeks for applications made from inside the UK.
