Am I eligible for a UK Family Visa?
UK Family Visa is a increasingly common pathway for individuals to come into the country. You could be eligible to apply enter the UK with a UK Family visa, if you are a non-European national, as the adult dependent relative or dependent child of a British Citizen, settled person, refugee leave or humanitarian protection. Settled status means that you have permission to stay in the UK on a permanent basis, referred to as ILR (Indefinite Leave to Remain). You may also be eligible to apply for a UK Family visa if you are the parent of a child or family member of a migrant worker who is already in the UK.
Dependent children of British Citizens or someone with settled status may apply for permission to come to the UK and/or remain temporarily or permanently. In order to qualify for this visa, the UK Border Agency must see proof that the child is under 18 years old, is not living independently, is not married or in a civil partnership and has not formed an independent family unit.
As a parent of the dependent child applying to enter or remain in the UK as a parent or partner, there are financial requirements that must be met. The parent must be able to provide evidence that they can accommodate the child without access to public funds.
If you are a sibling, parent, grandparent or child of a British Citizen or person with settled status in the UK and you are over 18, you may only apply for a family visa under special circumstances. For example as a person who requires long-term personal care that only your UK sponsor can provide. You must obtain a visa before travelling and the application must be made from outside the UK.
If you are the parent of a child who is a British Citizen or who has settled status in the UK, you may be able to apply for permission to enter or stay in the UK. You will be required to provide evidence of having sole responsibility of the child or access rights at the very least. You will also need to provide evidence that you can support yourself financially without access to public funds, as well as suitability and English language requirements. If all requirements are met, you will be given permission to temporarily stay in the UK for 30 months. You may be able to extend your stay for a further 30 months if the requirements are continually met, and you can apply for Indefinite Leave to Remain (ILR) after 5 years of staying in the UK.
You must obtain the visa before travelling if you are outside the UK and if you are already in the UK you will be able to apply so long as you are not currently on a visitor visa, temporary admission, permission to stay was not given for a period of less than 6 months and so long as you are not breaching Immigration Rules.
If you are a dependent child or partner of someone who is coming to or currently in the UK as a migrant (under most point-based system categories) you may apply to join them as a PBS dependent. For dependent children, you must prove that you have not formed an independent family unit or living independently. You will be required to show evidence that your intentions are to live with the migrant worker and that your relationship is genuine if you are applying as a partner. The migrant worker you will be joining will also be required to show evidence that they will be able to support you without having to rely on public funds.
Citizens of Commonwealth countries may be able to apply for a 5-year UK ancestry visa if they have a grandparent that was born in the UK. This type of visa will allow you to study, work and live in the UK. After 5 years of staying in the UK, you will be able to apply to renew your visa or apply for settled status.
If you are unsure of which UK visa is the right option for you, we strongly advise you seek the help of a UK immigration specialist. At Optimus Law we have the knowledge and expertise to advise and guide you through the process from start to finish to ensure you have the best possible chance to obtain your UK visa.
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