A Child Dependent Visa enables a child to join or stay with their parent(s) in the UK, either on a temporary basis or a permanent basis.

The parent(s) may be settled in the UK, hold British citizenship or may hold limited leave in the UK for business, study or work purposes. The Child Dependent Visa enables the child to enter and remain in the UK, access the NHS and attend a state school, which comes for free.

When both parents are in the UK or will both be in the UK an application may be relatively straightforward. However, if only one parent is or will be in the UK and both parents are alive the application may be difficult because it will involve issues of “sole responsibility”.

Who can apply for a child support visa?

Children under 18 of parents who are moving to the UK for a long-term purpose (e.g. for work placement, settlement or travel to the UK for the purpose of settlement, or where one of the parents is a British national) may be eligible to apply for permission to enter the UK under the child dependent category. The following UK visas allow visa holders to bring their children:

• Skilled Worker and Professional Worker Visas
• Health worker Visas
• Minister of Religion Visas
• International Sportspersons and Global Talent Visas
• Innovator Visas
• Ancestor Visas
• British National Overseas Visas
• Specific Full-time Sponsored Student Visas for Research-based Degrees

Requirement for a Child Dependent Visa

The requirements for the visa application depend on the circumstances. The family relationship must be proved and it will be necessary to show that there will be sufficient finance to support the child and appropriate accommodation for them.

Relationship Requirement

For entry clearance or permission to stay, the applicant must generally be a child of a parent who must either: 

• have entry clearance or permission to stay on the same route the child applicant is applying on; or
• be, at the same time, applying for (and be granted) entry clearance or permission to stay on the same route the child applicant is applying on; or
• be settled or have become a British citizen, provided they previously had permission to stay on the same route the child applicant is applying on and the child applicant had permission as their child at that time or was born since their last grant of permission and before they settled. 

The child has not formed an Independent Family Unit

Your child must not be living independently as part of another family unit. Typically, this means that the child should not be living together as part of another household with a spouse or civil partner, fiance or proposed civil partner or unmarried partner.  

In practice, this means that the child will normally be living with their parent(s) (except where they are in full-time education at a boarding school, college or university), not be employed full-time and be wholly or mainly dependent upon their parent(s) for financial and emotional support. 

Care Requirement

For minor applicants, the decision-maker must further be satisfied that the Care Requirement is met, i.e., that there will be safe and suitable accommodation for the child in the UK which complies with relevant legal requirements, such as building and fire safety regulations. 

In most cases, the applicant will be staying with their parent or their parent's partner or in accommodation for the purpose of full-time education. There should be no concerns regarding the suitability of the arrangements. However, caseworkers may request additional information from applicants if concerns do exist.

Eligibility Requirement to the status of the child’s other parent

Accompanying or joining a child under 18 when moving to the UK is straightforward enough if the parents are together. However, if the biological parents are separated, specialist legal advice is essential. Consideration should be given to issues such as whether the child has sole responsibility for the upbringing of the child or whether it would be undesirable for them to be excluded from the UK, and whether appropriate arrangements have been made for the care of the child.

For entry clearance or permission to stay, 

• both parents must be applying at the same time as the child applicant or have permission to be in the UK; or 
• the parent without permission must be a British or Irish citizen or a person with the right of abode and they live or intend to live in the UK; or 
• the parent applying for entry clearance or with permission to stay must be the sole surviving parent or have sole responsibility for the child’s upbringing; or 
• there must be serious and compelling reasons to grant the child applicant’s application for entry clearance or permission to stay with the parent to whose dependent they are applying. 

What is Sole Responsibility for the Child’s Upbringing?

Sole responsibility means that one parent has abandoned parental responsibility, and the other parent is solely responsible for making all the important decisions in relation to the day-to-day care and upbringing of the child. 

If relying on sole responsibility, your child will normally live with you and not their other parent and you will have had and continue to have care and control of your child. The Home Office will expect to see comprehensive supporting documentary evidence confirming that you are solely responsible for your child’s welfare and that others do not share this responsibility for your child. Our team can advise you on the documents that are required by the Home Office in order to demonstrate sole responsibility for a child as part of a Child Dependent Visa application.

For expert advice and assistance in relation to making a UK immigration application for a dependent child, contact us on 0203 865 6219 or leave a message.