The Child Dependent Visa allows children to join or accompany their parent(s) to live in the UK. The type of application required depends on whether the child was born in or outside the UK, their age, and the type of leave their parent(s) hold if born outside the UK.
Bringing Your Child to the UK with Settled Status
Yes, if you have settled status in the UK, you can bring your child on a Child Dependent Visa. Here’s what you need to know:
- Both parents must be lawfully present in the UK or must have applied for entry clearance or leave to remain at the same time as the child.
- If only one parent is in the UK, the other parent must either:
- Be granted entry clearance or leave to remain at the same time.
- Demonstrate that the UK-resident parent is the sole surviving parent, has sole responsibility for the child, or faces compelling reasons that justify approving the application.
- The child must be under 18 at the time of application, unmarried, not in a civil partnership, and not living an independent life. The parent must also provide adequate maintenance and accommodation without relying on UK public funds.
Bringing Your Child with Limited Leave to Remain
If you hold a points-based visa, your child can accompany you to the UK if they are under 18, unmarried, and not living independently. Children aged 18 or over must have been granted leave as a family member of a points-based migrant at the same time.
Defining an Independent Life and Family Unit
A child is considered to have an independent life if they are living with a partner, have their own children, or are financially independent. Examples include living away from home due to academic reasons or having a stable job with a sufficient income.
Understanding Sole Responsibility
To prove sole responsibility, you must show you have been the primary caregiver for a significant period. Factors considered include:
- Marital status and custody arrangements.
- Duration and nature of the separation from the child.
- Financial responsibility and decision-making about the child’s upbringing.
What Are ‘Serious and Compelling Reasons’?
These reasons vary based on individual circumstances and may include emotional, physical, or mental health issues affecting the sponsoring parent or the incapability of the non-sponsoring parent.
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How We Can Help
Applying for a Child Dependent Visa can be complex and time-consuming. Our expert immigration lawyers can evaluate your situation to determine if this visa is right for you and your child. We assist with document collection, prepare detailed legal representations, and keep you informed throughout the process.
Contact us today for an initial case assessment!