Bringing Your Child to the UK:

The dependent child visa category is for the parents who are British Citizens currently living abroad and would like to bring your child with you to the UK, or you are already in the UK with limited or have settled status (indefinite leave to remain) in the UK or granted a refugee status and wish for your children to join you.

The rules are different depending on whether you, as a parent, have been granted limited leave, or indefinite leave to remain in the UK.

We understand that UK dependent child visa application can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.

UK dependent child visa for indefinite leave application requirements:

Where both parents are British or have settled status (or where the British or settled parent has sole responsibility for the child), the application must be made under Immigration Rules, Part 8, paras 297–298.To qualify for a UK dependent child visa, you must satisfy the following UK Visas and Immigration requirements:

• Both parents are present and settled in the UK or are being admitted on the same occasion for settlement
• One parent is present and settled in the UK and the other is being admitted on the same occasion for settlement
• One parent is present and settled in the UK or being admitted on the same occasion for settlement and the other parent is dead
• One parent is present and settled in the UK or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing, or
• One parent or a relative is present and settled in the UK or is being admitted on the same occasion for settlement, 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

Who can apply for UK dependent child visa:

You can apply for a UK dependent child visa if:

• The child is under the age of 18 at the date of application and is not leading an independent life
• The child is unmarried and not a civil partner
• The child has not formed an independent family unit
• The child is can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join (without recourse to public funds) in accommodation which the parent, parents or relative the child is seeking to join, owns or occupies exclusively
• The child is does not fall for refusal under the general grounds for refusal, and
• The child is not the child of a parent in a polygamous marriage or civil partnership, whose parent’s application for settlement would be refused

How can you apply for UK dependent child visa:

• You can submit an application from outside the United Kingdom

UK dependent child visa application requirements for limited leave: Entry Clearance

If you, as a parent, have or are applying for limited leave to remain in the UK, the entry clearance requirements for your child are as follows:

• The child must be under the age of 18 at the date of application;
• The child must not be married or in a civil partnership;
• The child must not have formed an independent family unit;
• The child must not be leading an independent life; and
• Either your current partner is the child’s other parent, or you have had and continue to have sole responsibility for the child’s upbringing.

How can you prove Sole Responsibility for the child’s upbringing:

One of the requirements for entrance to the UK as a child of a parent, is that the applicant must show that the parent inviting the child has sole responsibility for the child’s upbringing.

Where the UK-based parent is already in the UK, but their child remains in the country of origin with the other parent, relatives or friends. In the circumstances it is likely that day-to-day responsibility (or decision making) for the child’s welfare may necessarily be shared with others (such as relatives or friends) because of the geographical separation between the parent and child; that, however, does not prevent the parent having sole responsibility within the meaning of the Immigration Rules. The test is not whether anyone else has day-to-day responsibility, but whether the parent has continuing control and direction of the child’s upbringing including making all the important decisions in the child’s life.

In order to prove that and to make a successful application, which can be evidenced the parent needs to demonstrate financial and emotional support, ongoing communications, the delegation of duties and if there are serious and compelling reasons, why the exclusion of the child is undesirable.

What happens if your dependent child visa application is refused:

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

Why Choose Aaryan Solicitors?