Our specialist immigration team has been successful in assisting our client (the “Applicant”) in a complex application to be reunited with his family in the UK. The Applicant is a minor child who previously held a refusal under the EU Settlement Scheme as the Secretary of State was not satisfied he met the eligibility requirements, therefore, he did not qualify for the scheme. Although no appeal was made at the time, we addressed the previous refusal stating it was made under an incorrect category on his behalf and as a result, the Applicant should not be penalised for this adverse history.
As a result of our expertise, the Applicant’s family sought our assistance in making a further application as a non-British child of a parent who has permission to enter or stay in the UK. His parents are currently on pre-settled status under the EU Settlement Scheme which allowed the Applicant to qualify under this category. We proved on the Applicant’s behalf that he relied solely on his parents for emotional, financial and moral support, despite the fact that he was living with his grandparents in Albania. His grandparents were unable to fulfil these needs due to their old age and declining health.
Due to our diligent efforts, the Applicant was successful in being granted a visa and he was able to be reunited with his family after being separated for several years. Our expert immigration solicitors outlined the Applicant had met all relevant requirements and highlighted the Secretary of State’s duty to safeguard and promote the welfare of any children and their interests when making a decision, under S55 of the Borders, Citizenship and Immigration Act 2009.
Our team made strong legal representations and worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.
Who Qualifies As A Dependant Child In The UK?
General guidelines for qualifying as a dependent child in the UK are:
- Age: Typically, a dependent child is defined as someone who is under the age of 18. However, in some cases, a child who is 18 or over may still be considered dependent if they are financially reliant on their parents or guardians due to disability or other special circumstances.
- Relationship: A dependent child is usually the biological child, adopted child, or stepchild of the parent or guardian. This can also include a child who is in the legal custody of the parent or guardian.
- Residence: The child may be living with the parent or guardian and be part of their household.
- Financial support: The child must be financially reliant on the parent or guardian for their basic needs, including food, clothing, and shelter.
Can I Apply For A UK Visa for My Child?
Child dependant visas granted by the Home Office in the UK typically require both parents to reside within the country. However, if only one of you lives in the UK, you must provide evidence that you (as the UK-based parent) has sole responsibility for your child or children. Furthermore, must provide evidence explaining why excluding or deporting your child would not be in their best interests. Evidence of childcare arrangements must be provided in all cases.
The legal criteria for maximum age of any child who can is considered a dependant differs for EEA and non-EEA applicants. EEA nationals may apply for their children up to the age of 21, while non-EEA nationals are limited to children under 18.
The status of a dependant child does not apply if the child has formed their own independent family unit, is leading an independent life, or is not financially dependent on their settled UK-based parent.
Given the complexities and sensitivities of family visa issues, it is advised to seek the guidance of an experienced immigration lawyer such as ours at LEXVISA to explore available options based on the specifics of the case and desired objectives.
How To Establish Sole Parental Responsibility
Sole parental responsibility refers to the legal authority and obligation of one parent to make decisions regarding the upbringing and welfare of a child without the involvement or consent of the other parent. It means that one parent has full legal custody and control over the child’s welfare and is solely responsible for making decisions on behalf of the child, without needing to consult or seek consent from the other parent.
To read more on sole parental responsibility and what invalidates it, you may visit our previous article here.
I Have Limited Leave To Remain, Can I Still Apply For My Dependant Child To Join Me?
If you have been granted limited leave to remain in the UK, you may apply for a visa for your dependants to join you.
The visa granted to your dependent child will be limited to the duration of your leave to remain in the UK. If your visa allows for extension applications, the same privilege is usually available for your dependent child as well.
Even if your dependent child turns 18 whilst in the UK during their limited leave to remain, they are still considered dependants and can apply to have their visa extended alongside your leave to remain. This provision remains valid as long as your dependent child continues to be a part of your household.
Children who are granted access to the UK on a child dependant visa are entitled to many of the rights and privileges that are given to children born in the UK. This may include free healthcare and education. However, it’s important to note that children on a child dependant visa are not eligible to claim benefit payments or financial support from public funds in any form.
Importance Of Applying Via The Correct Route
It is highly recommended to consult with an Immigration Solicitor in order to assess whether you hold sole parental responsibility and your child meets the eligibility requirements for being a dependant.
This success story highlights the importance of applying via the correct route as not doing so, can result in rejection. In turn, this creates an adverse immigration history for your child which can make it difficult to gain visa acceptances in future. We provided legal and factual grounds for why our client’s fresh application should be accepted despite his previous refusal. Due to our successful result, he was able to travel to the UK in order to join his family, who were delighted to be with him once again, as seen in an email correspondence from the Applicant’s brother below. The Applicant is now able to receive the care he requires and be in a loving, supportive family environment.
Why Instruct Our Immigration Team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.