A child dependant visa allows a child who is overseas to join a parent living in the UK.
What is a child dependant visa?
Children under the age of 18 may apply for a child dependant visa providing that their parents are settled in the UK or applying for settlement.
The type of application that can be made depends on the circumstances of the parent(s). If they are settled or applying for settlement in the UK, the child may be eligible to apply for Indefinite Leave to Enter (ILE). If one of the child’s parents has, or is applying for, permission to stay in the UK as the partner of a British citizen or settled person, the child may be eligible to apply for permission to stay, in line with their parent.
Child dependant visa: applying for permission to enter or stay in the UK
In circumstances where a parent is applying for entry clearance, or already holds permission to stay in the UK as a partner or parent, their child may apply to accompany or join them in the UK.
There are a number of requirements for entry clearance as a child, including:
- they are under 18;
- they are not married and have not formed an independent family unit;
- they are not leading an independent life;
- one of the child’s parents is in the UK or applying for leave as a partner or parent, and;
- the child’s parent’s partner is also the child’s parent; or
- the child’s parent has sole responsibility; or
- there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
- they meet the financial requirement; and
- there will be adequate accommodation for the family.
Child dependent visa applications are more straightforward in circumstances where the child will be joining or accompanying both parents in the UK. If the child’s parent has sole responsibility or there are other serious and compelling considerations, the application can be much more complex. In such cases, we can provide detailed legal advice / assistance.
Are children required to meet an English language requirement?
No, there is no requirement for a child to evidence their knowledge of the English language when making a child visa application.
The casework to be carried out by our immigration lawyer will include the following:
- Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Entry Clearance Officer (ECO) in your case as an adopted child;
- Discussing in detail with you and advising you about the weaknesses and strengths of your application as a child dependent;
- Advising you about the documentary evidence to be submitted in support of your entry clearance application as a child dependent;
- Checking all the relevant documents to ensure that the documents to be submitted in support of the application are in accordance with the Home Office, UKVI requirements;
- Arranging for the property inspection report for the accommodation occupied by the UK sponsor to comply with the Home Office requirement of adequate accommodation;
- Completing the online application form and discussing the same with you;
- Submitting the entry clearance application form online and arranging an appointment for you to hand over your application at a designated application centre;
- Preparing a sponsorship declaration for the UK sponsor to confirm his/her relationship to the applicant and to confirm that the UK sponsor will maintain and accommodate the applicant in the UK without public funds, if necessary;
- Preparing detailed statement of the applicant or the UK sponsor, if necessary, to explain the background of their relationship and covering the potential issues in the case;
- Preparing a cover letter/skeleton arguments to introduce and support the application wherein immigration lawyer will explain in detail how all the requirements of the rules are being met for application to be granted by the Entry Clearance Officer (ECO);
- Liaising with the Entry Clearance Officer (ECO), if necessary, for a timely decision on the application;
- Protecting your interests while your application is pending with the Entry Clearance Officer (ECO) and making further representations in support of the application, if necessary;
- Doing all the follow up work until decision is reached on your application.
- If you have any questions or need further information, please do not hesitate to schedule of appointment for free consultation session/highlights of this category.
