Our Immigration Team has recently been successful in securing Family Visas for our clients (two minor boys) as child dependants (“The Applicants”). The basis on which we assisted the brothers in their visa application was for entry clearance as child dependants of a parent who has permission to be in the UK as a partner. For the purposes of sponsorship, the step-father of the Applicants was the named sponsor on their visa applications.
Despite the complexities of the case, we were able to achieve a successful result for the Applicant in order to reunite them with their mother and step-father in the UK. Our solicitors carefully reviewed the client’s documentation, gathered the necessary information and addressed any issues in a detailed and meticulously crafted cover letter. As a result, our client successfully received their visa within the standard processing times.
Our team 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 For A Child Dependant Visa?
A child dependent visa allows an overseas child to join a parent who is living in the UK. The Home Office usually requires both parents to be in the UK with the child. However, if there is only one parent in the UK, they must show that they have sole parental responsibility. If the sponsoring parent in the UK is unable to prove that they have sole responsibility, they must provide evidence of a serious and compelling family reason for which their child dependant must join them in the UK.
A dependent child has to be under 18 years, must not be married and not living an independent life. A child over 18 years may possibly apply but only if they previously received permission to stay in the UK when they were under 18 and are not currently living an independent life.
Child dependent visa applications are grouped into 3 categories under the UK’s immigration system:
- At least one parent is settled or applying for settlement in the UK;
- At least one parent has or is applying for a partner visa;
- At least one parent has Limited Leave to Remain.
Contact LEXVISA to find out more on which route your child may be eligible under.
Do Step-children Qualify For A Child Dependant Visa?
It is possible to include step-children in a UK child dependent visa application, however, additional evidence may be necessary to comply with the immigration rules. The Home Office is responsible for ensuring that their decisions do not cause the separation of a family unit. Therefore, when dealing with step-families, they will require evidence showing that the primary applicant or their partner has legal responsibility for the child’s welfare and care. For such applications, the Applicant will need to provide clear evidence that they:
- Are able to financially support the dependent child
- Have responsibility for the day to day life of the child, including schooling
- Have permission from the other biological parent that their child can live in the UK
In situations where there is uncertainty on whether the primary applicant or dependent partner has legal custody and responsibility for the child’s care and well-being, the Home Office may reject the application or request more information. To prevent such outcomes, it is advisable for those applying for a dependent visa for a step-child to consult with UK immigration solicitors. These experts can help ensure that all potential reasons for rejection are addressed and that all necessary evidence is provided.
Our specialist immigration lawyers can explain the fastest and easiest way to gain a dependent UK child visa based on your circumstances and needs.
When To Apply For A Child Dependant Visa
Typically, if a child has one parent who has obtained or is in the process of obtaining a partner visa for a family visa, the child can accompany them to the UK. To qualify, the child must be dependent on the partner visa applicant. It is advisable to add on the child as a dependant simultaneously with the parent’s own application, however, a standalone application for the child can be made separately at a later date. It is important to note; the length of the child’s leave will mirror the leave given to the parent(s). Therefore, the parents(s) must apply for renewal at the same time.
In this success story, the Applicant’s mother made an application under the partner route to join her husband in the UK. She did not add the Applicants as dependants at the time. The mother was able to prove she held sole parental responsibility despite the Applicants living with their maternal uncle in the Philippines at the time. We then made successful, standalone applications on behalf of the brothers to join their mother and step-father in the UK.
Child Dependant Visa UK Costs
| Application fee | Applying outside the UK | Applying inside the UK |
| Dependent child (Family visa route) | £1,538 | £1,048 |
| Dependent child (dependent of long-term visa holder i.e. Skilled Worker visa) | £625 per person (up to 3 years) £1,235 per person (more than 3 years) | £719 per person (up to 3 years) £1,423 per person (more than 3 years) |
| Dependent child of a settled person | £2,404 | £2,404 |
Indefinite Leave To Remain As A Child Dependant
Typically, a child holding a dependent visa can apply for Indefinite Leave To Remain (“ILR”) after residing in the UK for a specific period. The qualifying period for ILR is typically 5 years. If the parent(s) receive ILR in the UK, the child can simultaneously apply for ILR.
Our immigration solicitors in London specialise and prepare Family Visa applications to the highest standard. We can guide you through the application process and advise you on the documentation needed to submit a successful application. Our impeccable track history of submitting successful applications for a range of different clients speaks for itself. The key to submitting successful applications is being aware of the relevant Immigration Rules. We guide Applicants through the requirements and prepare detailed legal submissions in support of their application and carry out detailed reviews of all documentation before submission.
Why Instruct Our Specialist Immigration Solicitors?
Our team of solicitors and Advocates 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.