Overview of the Dependant Visa Applications
A Dependant Visa allows eligible family members to accompany or join a person who has permission to live and work in the UK under certain immigration routes.
Dependant applications are not a single universal visa category. The eligibility requirements depend on the immigration route held by the main applicant.
A dependant may be a qualifying partner or child, but the definition and requirements can differ depending on the main applicant’s visa.
Who Can Apply as a Dependant?
Depending on the main applicant’s immigration route, a dependant may include:
- A spouse
- A civil partner
- An unmarried partner
- A child
The relationship must satisfy the requirements of the relevant immigration route.
The applicant may need to provide evidence demonstrating the relationship and, where applicable, evidence that they have lived together for the required period.
Dependants of Work Visa Holders
Some work routes allow the main visa holder to bring qualifying dependants to the UK.
However, this is not universal.
Restrictions apply to certain immigration categories and occupations, meaning that the dependant rules must be checked against the main applicant’s specific visa.
For example, restrictions have been introduced for dependants of certain care workers and senior care workers.
Evidence of Relationship
Applicants should provide appropriate evidence of their relationship with the main visa holder.
This may include:
- Marriage certificate
- Civil partnership certificate
- Birth certificate
- Joint tenancy
- Utility bills
- Joint financial documents
- Evidence of living together
- Evidence of communication
- Other evidence demonstrating the relationship
Where the partners do not live together, additional evidence may be required to demonstrate that the relationship is genuine and continuing.
Children as Dependants
Children may qualify as dependants where they satisfy the requirements of the relevant immigration route.
The application may require evidence of:
- The child’s identity
- Parent-child relationship
- Age
- Living arrangements
- Financial support
- Immigration status
The rules concerning children can differ depending on the main applicant’s visa.
Financial Requirement
Some dependant applications require evidence that the family has sufficient funds to support the dependant without relying on public funds.
The required amount depends on the main applicant’s immigration route.
Applicants should therefore not rely on a general dependant maintenance figure without first checking the requirements that apply to the specific visa.
Applying at the Same Time
Where permitted, dependants can often apply at the same time as the main applicant.
This can make the process more straightforward because the family’s applications can be considered together.
However, dependants can also apply separately in circumstances where the main applicant has already received permission to remain in the UK.
The timing and application requirements should be assessed carefully.
Dependants Joining Later
A partner or child may sometimes apply to join the main applicant after the main applicant has already moved to the UK.
The dependant will need to demonstrate that they satisfy the relevant requirements and that the main applicant continues to hold qualifying immigration permission.
Where the main applicant’s visa has restrictions on dependants, a later application may not be possible.
Work and Study
Many dependants are permitted to work and study in the UK, although conditions can apply depending on the main applicant’s immigration route and the dependant’s status.
There can also be restrictions on certain types of work.
Dependants should check their immigration conditions before starting employment.
Extending Dependant Permission
Where the main applicant extends their visa, dependants may also need to extend their own immigration permission.
The dependant’s application should be made before their current permission expires.
The family should also consider whether the main applicant’s immigration route has changed, as this may affect dependant eligibility.
Settlement
Some dependant routes can lead to settlement where the main applicant qualifies for indefinite leave to remain and the dependant satisfies the relevant requirements.
The qualifying period and settlement conditions depend on the immigration category.
Family members should therefore consider their own immigration history when planning for settlement.
Common Problems
Dependant applications can encounter difficulties where:
- The relationship evidence is incomplete
- The dependant does not meet the definition under the relevant route
- The main applicant’s visa does not permit dependants
- Financial requirements are not met
- Documents are inconsistent
- Previous immigration issues have not been disclosed
- Applications are submitted after existing permission has expired
How We Can Help
SWM Solicitors can assist with dependant applications connected to eligible UK immigration routes.
We can help with:
- Assessing dependant eligibility
- Reviewing relationship evidence
- Advising on financial requirements
- Preparing applications
- Reviewing supporting documents
- Advising on children as dependants
- Advising on applications from overseas
- Advising on applications from inside the UK
- Advising on extensions
- Advising on settlement