Partner and Family Visas
British family visas are widely requested by foreign nationals who travel to the UK for family purposes. Some seek to join their British spouse or partner, others wish to bring along their children or dependent relatives. The UK offers numerous opportunities for international families, so let us discuss who can apply for the UK Family visa, what types of visas are available for foreign family members, and what the application process looks like.
UK Family Visa Requirements
The British Family route visa is designed for foreigners who wish to live with their family in the UK for more than 6 months (otherwise a Family Visit visa would do). To be eligible for this type of visa, the immigrant shall prove that they are moving to Great Britain to join a local resident who is their:
- Spouse;
- Fiancé, fiancée or proposed civil partner;
- Parent;
- Child;
- Dependent relative who is going to take long-term care of you.
Applicants for the UK family visas shall have no criminal record or present a threat to the UK’s national security. Besides, they shall prove to have a sufficient command of the English language. Sponsors, in their turn, can be British or Irish citizens, holders of a valid UK or those who have an indefinite leave to remain (ILR).
Family visas can be extended, even if the applicant is now willing to stay with another British relative (for instance, if they first came to join their parents and subsequently formed a relationship with a British partner). Besides, those who obtain a visa to join their family in the UK are subsequently eligible for ILR.
Spouse/Partner Visa
This immigration route is designed for foreign nationals who are married to British citizens. Such a visa is obligatory for all foreign partners since even an official marriage does not automatically lead to issuing a residence permit for a foreign spouse.
The main requirements for applying for the UK Spouse visa are:
- You must be married, in a civil partnership, or in a long-term relationship with a UK citizen or settled person.
- The couple’s joint annual income shall be not less than £29,000.
- Visa applicants must prove their knowledge of English.
Visas are initially granted for up to 2 years and 9 months and can subsequently be extended. After a certain period of residence in the UK, Spouse visa holders are eligible for ILR. There is a 5-year route and a 10-year route. The 5-year route is for those who meet all of the suitability and eligibility requirements of the Immigration Rules at every stage. The 10-year route is for those who do not meet certain eligibility requirements.
Fiancé Visa
The UK visa for a family member can be obtained by a foreign national who is not yet married to a British citizen but is planning on doing so. This is called a Fiancé or Fiancée visa and it is designed for engaged partners above the age of 18.
To apply for such a visa, couples shall prove that they intend to live together and create a family. This is why applicants are required to demonstrate the following:
- They are personally acquainted and live together.
- Their relationship is genuine, sincere, and subsisting.
- The marriage will take place within 6 months after moving to the UK.
- All the previous relationships have ended permanently.
- Partners intend to live in the UK and have adequate means to provide for themselves without resorting to public funds, as well as a proper accommodation.
If the partners do not live together (for example, due to cultural or religious reasons), they shall prove that they communicate with each other regularly and spend time with each other (on family occasions or at events).
The Fiancé visa is granted for 6 months only. After the marriage the immigrant shall switch to the Spouse visa route.
Unmarried Partner Visa
The Unmarried Partnership visa is very similar to the Fiancé visa except for the fact that partners shall not necessarily marry each other in the near future. However, their relationship shall still be genuine and lasting for at least 2 years.
Just like those who apply for the Spouse visa, applicants are required to prove that they earn together at least £29,000 a year. All the other requirements (age limit, availability of accommodation, intention to leave in the UK permanently etc.) remain valid. The visa’s duration is up to 2 years and 9 months.
Adult Dependent Relative Visa
British citizens or settled residents are allowed to bring their adult dependant family members to the UK. These are usually parents, grandparents or siblings beyond the age of 18.
To be eligible for an ADR visa, applicants shall meet the following requirements:
- Necessity to obtain long-term daily personal care due to age, illness or disability.
- Impossibility to obtain adequate care in the country of origin, even with the British relative’s financial support (for example, there is no close relative there, or no opportunity to hire a nurse, a housekeeper or another assistant, or such services are not affordable).
- Availability of accommodation and financial means in the UK that allow living in the country without requesting access to the public funds.
Adult Dependent Relative visas are granted for 5 years and lead directly to settlement.
Child Dependant Visa
A British citizen or settled person can bring their overseas child to the UK to be able to live together. Usually, the British immigration authorities require that both parents shall be UK residents, and if this holds for one of the parents only, they shall prove to have sole parental responsibility for the child. In other cases it is required to demonstrate that there is a serious and urgent family reason to relocate the child.
Dependent children usually get a visa for the same period of time as their parents (except for children of local citizens or those who are otherwise settled in Britain indefinitely). Children can get their visa extended along with their parents’ visas.
The Child Dependant visa is designed for both biological and step-children. However, all applicants shall be below the age of 18 and shall not live an independent life (from the financial, housing, and organizational point of view).
Parent Visa
Another way of applying for a UK visa as a family is to join your child who lives in the UK. The child shall be below the age of 18 and not independent (i.e., unmarried, not living alone, not having children of their own, and not having sufficient financial means to provide for themselves).
The applying parent, in their turn, shall have sole responsibility for their child and shall live outside the UK. Besides, they shall prove that they are going to take an active role in the child’s upbringing and have adequate financial means to provide for themselves and their child. The duration of the Parent visa is 2 years and 9 months.
You can also apply for a Parent of a Child Student visa if your child is studying in the UK on a child student visa, and is aged between 4 and 11. Only one parent can accompany the child in the UK.
Ancestry Visa
British or Commonwealth citizens who live abroad can apply for an Ancestry visa if they prove that one of their grandparents was born in the UK or in one of the British overseas territories. Ancestry can be claimed even if the applicant or their parents were adopted, or if the parents or grandparents were not officially married.
This visa is granted for 5 years and can subsequently be extended
Family Reunion Visa
This immigration route allows foreign nationals who live in the UK as workers, students or refugees to reunite with their close family members from other countries. Basically, this program is designed for foreigners whose families were split by the necessity of migration for economic or safety reasons.
An application for the Family Reunion visa can be submitted by both adult relatives and children. The duration of their visa will not exceed the duration of the leave that was granted to their UK-based family member.
EUSS Family Permit
The EU Settlement Scheme is another option for joining your close family member who lives in the UK. This visa is granted for up to 6 months and enables its holder to work or study. The application can be submitted also by those whose family member lives outside the UK but visits the country regularly for working purposes.
Do Family Visas Lead to Settlement?
Family visa holders may be eligible to apply for Indefinite Leave to Remain (ILR) after a certain period of continuous residence in the UK. Typically, this is five years, but it can vary. To qualify for ILR, you must demonstrate continuous residence, meet financial and English language requirements, and not have breached any immigration laws.
How Much Does a UK Family Visa Cost?
The EUSS Family Permit is granted free of charge while other family immigration routes are subject to paying a certain fee. Those who join their partner, parent or child pay £1,846 if applying outside the UK and £1,048 if they already live in the country (though in this case the application processing time is much longer). Normally, each applicant shall pay a UK Family visa fee, including small children.
Apart from the visa itself, a healthcare surcharge shall also be paid. The amount depends on how long you are going to stay in Britain. Adults pay from £2,587 to £5,175 while a child’s healthcare surcharge is from £1,940 to £3,880.
What to Do if My Family Visa Application is Denied?
Usually, this happens if some document is missing, if the application form is filled in incorrectly, or if the Home Office finds that you are not eligible enough for the requested family visa type.
If you deal with a technical error, consider the following steps:
- Find out the reason for denial.
- Seek expert advice.
- Collect the missing documents (or correct the existing error).
- Prepare an appeal.
- Reapply for your family visa.
If, however, a more serious problem exists, the only way is to switch to another immigration route or wait until the current visa policy changes.
How Can We Help?
Sterling Law is an established British law firm that engages in professional consultations and helps solve numerous legal issues. Immigration and visa application are among our primary activities, and over these years we have helped hundreds of clients obtain the UK Family visa and successfully relocate their families to Great Britain.
By contacting us, you get the following indisputable advantages:
- Experienced immigration solicitors.
- Strict conformity with the current laws and regulations.
- Personal manager’s assistance.
We will study your case, identify the most appropriate family immigration route, and help prepare all the necessary documents and fill in the application form correctly. Our lawyers will provide guidance on all the stages of the visa application process: from the initial request till your relocation to the UK.
Entrust the reunion of your international family to qualified Sterling Law immigration solicitors! Even if none of the above applies to you, contact us using the form below, and we’ll try to find a solution for you.
