The UK Dependant Visa allows family members of certain UK visa holders to join and live with them in the UK.
If you are a spouse, child, or partner of someone legally residing in the UK on a qualifying visa, you may be eligible to apply for a Dependant Visa, enabling you to work, study, and live in the UK under specific conditions. Below is a detailed guide to understanding the eligibility criteria, required documents, and step-by-step application process for a Dependant Visa in 2024.
1. Eligibility Requirements for the UK Dependant Visa
To qualify for a Dependant Visa, the applicant must be a direct family member of a visa holder in the UK. This visa is available to dependants of individuals holding certain types of UK visas, such as a Skilled Worker, Student, or Innovator visa. Applicants must demonstrate a genuine relationship with the primary visa holder and meet financial and accommodation requirements.
Who Qualifies as a Dependant?
- Spouses and Civil Partners
- Must be legally married or in a registered civil partnership with the primary visa holder.
- Both parties must be at least 18 years of age.
- Unmarried Partners
- Must have cohabited with the primary visa holder for at least two years in a relationship akin to marriage.
- Both parties must be at least 18 years of age.
- Children
- Dependent children under 18 years of age are eligible, including biological, adopted, or stepchildren.
- Children over 18 may qualify if they are already in the UK as dependants and continue to meet dependency requirements (e.g., living with and being financially supported by the primary visa holder).
Financial Requirements
- The primary visa holder must demonstrate sufficient funds to support each dependant without recourse to public funds.
- Required funds vary by visa type and location:
- For Skilled Worker and Student visa dependants, the general requirement is £285 per month for the spouse or partner, £315 per month for the first child, and £200 per month for each additional child.
- The funds must be readily accessible and documented through bank statements or other financial documentation, with a requirement to show available funds for at least 28 days before application submission.
Accommodation Requirements
- The dependant must have appropriate accommodation that meets UK housing standards.
- Proof of accommodation may include a tenancy agreement, property ownership documents, or a statement from the primary visa holder’s landlord, confirming there is adequate space for dependants.
2. Document Checklist for the UK Dependant Visa
A comprehensive document submission is crucial for a successful visa application. Below is a list of essential documents to prepare when applying for a Dependant Visa:
- Identification and Personal Documentation
- Valid passport for each dependant,
- Proof of relationship to the primary visa holder, such as a marriage certificate, birth certificate, or evidence of cohabitation for unmarried partners.
- Proof of Financial Means
- Bank statements, financial affidavits, or other relevant financial documentation showing that required funds have been held for at least 28 consecutive days.
- Accommodation Documentation
- Documents verifying adequate accommodation in the UK, which may include a tenancy agreement or property ownership papers.
- Additional Documents (as applicable)
- Biometric Residence Permit (BRP) or visa copy of the primary visa holder,
- Parental consent letter for child dependants if only one parent is applying,
- Evidence of continuous residency in the UK for dependants over 18 (if applicable).
- Tuberculosis Test Results
- Required if the dependant is from a country where TB testing is mandatory.
- Two Passport-Sized Photos
- Must meet UKVI guidelines on size, quality, and background.
3. Application Process for the UK Dependant Visa
The Dependant Visa application is completed online through the UK government portal. The process varies slightly depending on whether the dependant is applying from outside or within the UK.
Steps to Apply for a UK Dependant Visa:
- Complete the Online Application Form
- The applicant must fill out the application form on the UK Visas and Immigration (UKVI) website. Ensure all sections are thoroughly completed, as accuracy in the information provided is essential to avoid delays.
- Pay the Application Fee and Immigration Health Surcharge
- The Dependant Visa fee varies depending on the visa type and location. Additionally, applicants must pay the Immigration Health Surcharge (IHS), currently £624 per year, to access the UK’s National Health Service (NHS) during their stay.
- Upload Required Documents
- Each applicant must upload their documentation as specified in the document checklist. Ensure all documents are clear, complete, and translated into English if necessary.
- Schedule a Biometric Appointment
- Each dependant must attend a biometric appointment to provide fingerprints and a digital photograph. This is typically scheduled through the nearest UK visa application center.
- Submit the Application
- After uploading documents and completing the biometric appointment, the application will be officially submitted for processing by UKVI.
- Processing Time
- Processing times vary, with most applications reviewed within 8 weeks for applications made within the UK and 12 weeks for those made outside the UK. Priority services may be available for an additional fee to expedite the decision process.
4. Post-Approval: Rights and Conditions for Dependant Visa Holders
If approved, dependants will be granted a visa with a validity period linked to that of the primary visa holder. This visa allows dependants to live, study, and, in most cases, work in the UK.
Key Conditions for Dependant Visa Holders:
- Work Rights: Dependant visa holders over 18 are generally allowed to work in the UK, except in roles as doctors or dentists in training unless they qualify with the necessary permissions.
- Study Rights: Dependant visa holders are permitted to pursue studies in the UK.
- Healthcare: With payment of the IHS, dependants have access to the NHS for healthcare needs.
- Maintaining Relationship Requirements: The dependant and the primary visa holder must continue to meet relationship requirements, as failure to maintain these may impact future visa renewals.
Visa Extensions and Route to Settlement
- Dependant visa holders can apply to extend their visa if the primary visa holder renews or extends their visa.
- After five years in the UK, dependant visa holders may qualify for Indefinite Leave to Remain (ILR), provided they meet residency, relationship, and financial conditions. ILR allows the holder to live permanently in the UK without immigration restrictions.
5. Common Grounds for Dependant Visa Refusals and Solutions
Visa applications may be refused if applicants fail to provide sufficient evidence of their financial means, relationship authenticity, or accommodation suitability. Common reasons for refusal include:
- Insufficient or incorrect financial documentation,
- Lack of adequate proof of relationship,
- Failure to provide required biometric information,
- Incomplete or inaccurate application details.
If a Dependant Visa application is refused, applicants can appeal the decision, reapply with corrected or additional information, or seek professional advice to understand the specific grounds for refusal and improve the likelihood of a successful application.
Contacting an Immigration Advisor for Assistance
The UK Dependant Visa application process is detailed and requires careful compliance with all requirements. Working with a professional immigration advisor can be invaluable in ensuring that each stage of the application is completed accurately and that all necessary documentation is provided.
If you would like personalized guidance on your Dependant Visa application, contact our dedicated immigration team. We are here to help make your application as smooth and successful as possible, ensuring that you and your family members can enjoy a seamless transition to life in the UK.
References
1 GOV.UK: PBS dependant child
2 GOV.UK: PBS dependant partner
