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If you are a non-EEA or Swiss national and you are hoping to join your family in the UK, there are several different Family Visa options to help you do this.
You may be able to apply to come to the UK as the dependent child or adult dependent relative of a British citizen or person with settled status, refugee leave or humanitarian protection. Settled status means having been given permission to settle in the UK permanently, also known as Indefinite Leave to Remain (ILR). The parent of a child or family member of a migrant worker already here may also be eligible to apply for a visa. Equally, if your grandparent was born in the UK, you may also be eligible to apply for a UK Ancestry Visa.
At IAS, we know that being close to family is important. Our team of dedicated immigration lawyers can help you with applications for all types of Family Visas. We will work with you to assess your different options, check your dependent’s status and perform a thorough document check for you. One of our lawyers will prepare a Letter of Representation, which will provide evidence of the merits of your application and supporting UK immigration laws, to be submitted with your Family Visa application. Your lawyer will also liaise with the Home Office throughout your application until a decision is reached and complete your application form using their experienced knowledge. This service will improve your chances of receiving a Family Visa.
For more information on different types of Family Visas, please see below.
The dependent child of a British Citizen or a person with settled status can apply for permission to enter and remain in the UK temporarily or permanently. To qualify, the Home Office must be satisfied that the child is:
There are several additional requirements, with more for adopted children.
If the parent of the dependent child applies to enter or remain in the UK as a partner or parent, they must meet a financial requirement. In all other cases, the parent will need to show they can accommodate the child without help from public funds. In some cases, depending on the status of the parent(s) settlement, the child may need to apply as a points-based system (PBS) dependent
As the parent, grandparent, sibling or child over the age of 18 of a British citizen or a person with settled status in the UK, you can only apply for permission to come here in exceptional circumstances, ie; where you need long-term personal care that your UK sponsor can provide.
The application must be made from outside the UK and your visa must be obtained before travelling.
You may be eligible for a British Ancestry Visa if you are a citizen of a Commonwealth country and one of your grandparents was born in either the UK, before March 1922 in what is now the Republic of Ireland or on a British-registered ship or aircraft.
You cannot claim UK ancestry through step-parents.
A British Ancestry Visa allows holders to live, work and study in the UK for a period of up to five years, at which point they may be eligible to apply for a renewal or apply for settled status in the UK.
As the partner or dependent child (under 18) of a migrant who is in or coming to the UK under most categories of the points-based system, you can apply for a visa to join them here as a PBS dependent.
You will need to show that:
Or for children:
The migrant worker will also need to prove that they can support you without relying on public funds.
As as the parent of a child who is a British citizen or settled in the UK, you can apply for permission to enter or stay here. You will need to show that:
If you meet all the requirements you will be given temporary permission to remain in the UK for 30 months. You will be eligible to stay for a further 30 months if you continue to meet the requirements and after five years you can apply for ILR (Indefinite Leave to Remain).
If you are outside the UK you must obtain your visa before travelling.
If you are already in the UK you will be eligible so long as you are not on a Visitor Visa or on temporary admission, permission to stay was not given for a period of less than six months (unless as a fiancé(e) or proposed civil partner) and you are not in breach of the Immigration Rules (overstaying for less than 28 days will not be taken into account).
As the law currently stands, you will be able to appeal in the event that your Family Settlement Visa is refused.
In the event that your application is refused, there may be other options even after the refusal so speak to an immigration lawyer to get the best and most up to date advice.
The law at the present time in respect of Visit Visas does not allow for a full right of appeal. You can only appeal such visas on very restricted grounds. If you have been refused a Family Visit Visa it is advisable to speak to one our experts to advise on your options.
With our team of expert immigration lawyers, we will be able to assist you with any type of Family Visa application.
Contact us now to receive advice about your Family Visa application from an experienced and understanding immigration lawyer.
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