Dependent Family Members in Work and Business Routes

Our expert immigration team understands that making an important decision such as to work in the UK may involve other considerations such as those involving family. In some Points-Based System categories, family members of business visa holders or work visa holders may accompany the main visa holder to the UK or if already in the UK, can apply for leave to remain as a Points Based System Dependant.

Our team of immigration lawyers are regularly instructed by family members of migrants who are looking to apply as a Points Based System Dependant under the Immigration Rules. Our specialist immigration team regularly achieve successful results for our clients and this is evident by testimonials left by our clients. Our team are ready to meet with you to consider whether you meet the eligibility requirements to apply from abroad or in the UK and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation.

Dependants of Tier 1 migrants

Family members of Tier 1 Investor and Tier 1 Entrepreneur migrants should refer to paragraph 319C of the Immigration Rules for points based system dependents and the relevant Home Office policy guidance. Some of the main requirements that Tier 1 dependends must meet are:

• The relationship between the dependent and the main applicant must be genuine and subsisting when the application is made;
• The dependent and the main Applicant must intend to live together as spouse, civil partner or unmarried partner throughout the Applicant’s stay in the UK;
• The dependent must not intend to stay in the UK beyond any period of leave
granted to the main Applicant; and
• The dependent must meet the maintenance requirements, unless the main Applicant is a Tier 1 (Investor) migrant.

Dependents of sponsored work and other business visa categories

There is a separate policy guidance for the dependent family members of migrants who are in the UK for sponsored work or other business related visas. The relevant visa categories are:

  • Skilled Worker;
  • Intra-Company routes;
  • T2 Minister of Religion and T2 Sportsperson;
  • Representative of an Overseas Business (“Sole Representative”)
  • UK Ancestry;
  • Global Talent;
  • Start-up;
  • Innovator;
  • T5 (Temporary Worker) categories – Creative or Sporting Worker, Religious Worker, Charity Worker, Government Authorised Exchange Worker and International Agreement Worker.

In order to qualify as a Dependent family member for any of the above routes, the Applicant must be either the spouse, civil partner, unmarried partner or dependent child. Children over 18 years old on the date of application who have not previously been granted permission as a dependent of the main Applicant cannot be granted permission. Other relatives such as parents or grandparents also are ineligible to apply.

The specific requirements for Worker or Points Based System Dependant Applicants which will depend on the visa held by the main Applicant. Therefore it is advisable to consult with our immigration lawyers who can guide you and assess whether you meet the Home Office’s eligibility criteria.

Family members who are granted leave in line with the expiry date of the main Applicant’s leave (except if they were granted ILR).

Immigration Health Surcharge (IHS)

The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS).

If instructed, our team of expert immigration lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options.

Expert Immigration Solicitors for Dependent Family Member Applications in Work and Business Routes

Our immigration lawyers have extensive experience in preparing visa applications for Dependant Visa applicants. Our immigration team can offer the following service:

  • An initial consultation with an immigration lawyer who can advise on the eligibility criteria of such an application;
  • Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application;
  • Prepare the relevant application form and detailed legal representations to accompany the application; and
  • If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day.

We are an Immigration law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02071830570.

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