Family Members

Non-EEA nationals who seek leave to enter or remain as a family member of a British citizen or settled person may apply for visas sponsored by their partner on the application of the British or settled person sponsoring them to join them in the UK. They must have a minimum income of £18,600 (2013) and adequate accommodation for their partner.

Thresholds are higher if they are also applying for dependent children to join them in the UK, with a gross additional income of £3,800 for the first child and £2,400 for each subsequent child, as required, subject to limited discretionary exceptions.

Foreign partners and spouses must wait five years before they become eligible for permanent settlement. Since 2013, it is no longer sufficient to show that they have been living overseas with their British spouse or settled sponsor.

Both the partner and sponsor, both citizens and settled persons, and their partner/spouse must be over 18, have met in person, have a genuine relationship that is subsisting, be capable of marrying if not married, and if married or in a civil partnership, it must be valid under UK law. They must meet suitability requirements, any previous relationship must have permanently broken down, intend to live together permanently in the UK, meet the English language requirement, meet the financial requirement if in the UK and wish to extend leave, and meet the suitability requirement.

Permission is given to live in the UK for 2.5 years. A further 2.5 years’ extension may be granted, and after five years, the person may apply for settlement in the UK.

This category cannot be used if they entered the UK initially as a visitor or with permission to stay for less than six months on temporary admission or in breach of immigration rules.

A child is a person under 18 years of age.. Generally, a child may not settle in the UK unless both parents are settled and have been given permission to settle. This does not apply when one parent is dead, and the other is settled or coming to settle in the UK.

When a parent is settled or coming to settle, and there are serious reasons why the child must be allowed to come.

The parents who are settled or is coming to settle have sole responsibility for the child’s upbringing, or the child normally lives with that parent and not the other parent.

Parents include step-parents, both parents of an illegitimate child, and adopted parents in specific circumstances. A child may not be eligible if he is living an independent life, married, has not formed an independent family unit, or is over 18. There must be evidence of accommodation where the child and parents can live without public support from public funds.

Partners and dependents of persons who have a points-based visa may apply to join the person in the UK and may apply for settlement personally in conjunction with the person they are entering with or whom they come to join.

A partner or dependent child who enters the UK in most at visa outside the points-based system can apply for a visa to join that person in the UK. Evidence must be provided of the ability that the migrant worker has the ability to support the family member without state benefits or other access or without recourse to other public funds.

It must be shown that the applicant migrant worker intends to live with the family member during the stay and that the relationship is genuine and that they have not formed an independent family unit and are not leading an independent life if under 18 years of age.

Adult dependent relatives must be over 18, be an adult over 18. They may be a parent, grandparent, sibling, child of a British UK citizen, or a person settled in the UK who needs long-term personal care to perform everyday tasks, which is not available in the country of residence either because it is not available or there is no person in that country who can reasonably provide it or it is not affordable.

The resident UK migrant must prove that he is able to provide adequate maintenance, accommodation, and care for the adult dependent relative without recourse to public funds and must sign an undertaking to be responsible for care without relying on any funds for at least five years.

A parent of a child who is under 18 and living in the UK, who is a British citizen or settled in the UK, may apply for a settled visa, status visa. The applicant must be the sole person responsible for the child, or the child normally lives with that person and not the other parent.

If the parent or carer that the child normally lives with is a British citizen or settled but is not the applicant’s partner, the person may qualify if they do not qualify for entry as a partner. The applicant must have sole responsibility for the well-being of the child, and they can continue to take an active role in the child’s upbringing. They must be over 18 and meet the English language requirement and be able to maintain and accommodate themselves without relying on public funds.

The application can be made from within the EU, the UK if not in the UK as a visitor with permission to stay for less than six months or on temporary admission. The applicant’s child must not have turned 18 since first granted entry or leave to remain. If the child has turned 18 since granting entry or leave to remain, he must not have formed his own family unit and be living an independent life.

The applicant is permitted to stay for 30 months, two and a half years, can be extended for a further two and a half years, and settlement can be applied for after five years, which may be obtained alternatively on the basis of private or family life after ten years.

A person who seeks to remain in the UK on the basis of private life may do so on the following basis:

• They do not fall to be refused on other grounds of refusal.
• They have lived for at least 20 continuous years, excluding periods spent in prison. If they are under 18, they must have lived continuously for at least seven years, excluding time spent in prison, and it would be reasonable to expect them not to leave the UK.
• They are 18 years or over and under 25 and have spent at least half their life continuously in the UK, excluding time in prison.
• Over 18 years or older and have lived in the UK continuously for not less than 20 years, excluding time spent in prison, and have no ties, including social, cultural, level family, with their country of origin to which they would go if required to leave the UK.
• There are exceptional circumstances requiring the grant of leave to remain in the UK.

A Commonwealth citizen with UK ancestry may apply for a visa on the basis of such ancestry. If granted, the visa holder may stay in the UK for up to five years and may then apply for a settlement visa. They may bring dependents to the UK if they can support them but have no recourse to public funds.

Persons potentially eligible must be over 17 years, be a Commonwealth citizen, be able to work and plan to work in the UK, and show that they can adequately support and accommodate themselves and dependents without recourse to public funds.

Show that at least one grandparent was born in the UK, including the Channel Islands or born before 31st March 1922 in what is now the Republic of Ireland or on a British registered ship or aircraft.

Relationship can be claimed to a legitimate or illegitimate line. Adopted children are deemed children of the adopter. Step-parents are not.