A Dependent visa allows close family members of UK visa holders to enter the United Kingdom from abroad. Work, PhD study, business, and ancestry visas, among others, enable visa holders to bring dependent family members to the United Kingdom.

Who Can Apply for a UK Dependant Visa?

The UK Dependant Visa is for the family members of people who have, or are applying for, PhD student visas, visas in various work categories including the Worker routes, Temporary Worker routes as well as GBM(Global Business Mobility) Workers, Innovators, Global Talent migrants and those with visas granted on the basis of UK ancestry.

To qualify for a Dependant Visa, applicants must be a dependant family member of a qualifying migrant. The Immigration Rules define a ‘dependant’ as being a:

• Husband, wife or civil partner;
• Unmarried or same-sex partner;
• Child aged under 18 years at the time of application.

Other family members are unlikely to be successful in claiming dependant status for the purposes of a Dependent Visa.

To be eligible for a Dependant Visa as a spouse or partner, you must be the spouse or partner of someone who is either:

• In the UK on a relevant visa, or
• Applying for a visa at the same time as you are making your application for a Dependant Visa

Same-sex or unmarried partners must also be able to demonstrate that they have been in a subsisting genuine relationship akin to marriage for the past two years.

Children may apply for a Dependant Visa if:

• Both parents are applying for entry-clearance at the same time, or;
• Both parents are already in the UK and the child is applying to join them, or;
• One parent is already in the UK and the other parent is applying for entry clearance to join them along with the child.

Children can only apply for a Dependant visa of a sole parent if:-

• The parent is the only surviving parent; or
• The parent has sole responsibility for the child’s upbringing; or
• There are serious or compelling reasons why the child can exceptionally apply as the dependant of only one of his/her parents.

What are the UK Dependant Visa requirements?

The general requirements for a UK dependant visa are:

• Prove you meet the relationship requirements as a dependant family member
• Prove you meet the financial requirements to have enough money to support your life in the UK
• Prove your identity and relationship to the visa holder
• Intend to live together with the sponsor while you are in the UK

Because dependant visas are available under several immigration categories, the specific requirements for a dependant visa in the UK to be met will depend on the type of visa held by the sponsor (i.e., the primary visa holder).

The family must have enough money to support themselves without relying on public funds, which is a mandatory requirement of the Dependant Visa. For example, if the primary applicant is applying for a Skilled Worker Visa, they must demonstrate that they have £285 in savings for the dependent partner, £315 in savings for the first dependent child, and £200 in savings for each additional dependent child. If a Skilled Worker Sponsor Licence holder with an A-rating can confirm that these funds will be made available, the applicant may not be required to provide proof of funds availability.

What are the validity and conditions of dependant visas?

Dependents, including minor children, will be allowed to join the primary applicant in residing in the UK and will be free to live and work in the country. They will be granted leave based on the principal applicant's leave expiration date.

Dependant visas are typically issued for the same period of time as the primary visa holder's permission. For example, if the primary visa holder has a two-year visa, the Dependant visa will be granted for two years as well.

Dependant visa holders have a lot of freedom and can live, work, study, and travel wherever they like. Importantly, dependants do not need to be sponsored in order to work in the UK and are free to change jobs and employers without seeking permission from the Home Office.

Dependant visa holders, on the other hand, are not permitted to apply for public monies such as benefits while in the UK.

Is it possible for a dependent to apply for ILR?

Dependant visa holders can seek to stay in the UK when the primary visa holder is granted indefinite leave to remain (ILR), which usually qualifies after 5 years of continuous residence in the UK.

Partners must still be in a genuine relationship with their partner and intend to continue their relationship after applying for ILR. They must also have enough money to support themselves in the UK. Children must still reside (or aspire to live) with their parents or guardians (unless boarding or attending university), be appropriately supported and accommodated without the use of public funds, and not be married, in a civil partnership, or leading an independent life.

ILR has numerous benefits, including the possibility to stay in the UK permanently without the need for additional visas. Once you have ILR for one year, you can apply for British citizenship.

ARIS International Lawyers are specialist UK immigration advisers, supporting individuals with all types of Home Office applications including points-based and dependant visas and indefinite leave to remain. If you have a question about a dependant visa or your UK immigration status, leave a message or contact us on 020 3865 6219.