Skilled Worker (Tier 2) Dependent Visa

In order to be eligible for a Tier 2 Dependent Visa, you and your family members must fulfil the following eligibility criteria:

• Your spouse, partner or parent must be in the UK on a valid, eligible Tier 2 (or equivalent) visa, or have indefinite leave to remain or British citizenship and previously have held a Tier 2 (or equivalent) visa
• You must be one of the eligible family members as listed in the Tier 2 Dependent visa requirements
• You will have to pass the general UK grounds for admission, including having a clear immigration history with no immigration violations or transgressions
• You must not intend to stay in the UK when and if your own UK visa expires
• If you are applying to join your partner or spouse in the UK:
  • You both must be over 18 at the time of application
  • You must be in a marriage or civil partnership legally recognised in the UK
  • If not in a marriage or civil partnership, you must have been living for at least 2 years together prior to the date of application
  • You must be in a genuine and subsisting relationship and intend to live together for the duration of your visa stays
• Children over 16 must be financially dependent on you or your spouse or partner
• You must meet the minimum financial requirements
• You must not have held any of the previous visas:
  • UK Visitor visa
  • Short-term study visa on or after April 2015
  • Parent of a Tier 4 (child) student visa on or after April 2015

As previously mentioned, UK Tier 2 visas are closed to new applicants and have been replaced by a new set of visas.

However, people still in the UK on these old Tier 2 visas are still eligible to bring their dependents to the UK. These include the following visas:

• Tier 2 (General)
• Tier 2 Minister of religion
• Tier 2 Sportsperson
• Tier 2 Intracompany Transfer

Foreign nationals who have entered the UK on one of the new replacement visas are also eligible to bring their dependent family members. These include:

• Skilled Worker visa
• Health & Care Worker visa

An eligible Tier 2 or Skilled Worker visa holder may bring the following family members to the UK to join them:

• Spouse or civil partner
• Unmarried partners (must have been together for at least 2 years)
• Children aged under 18 at the time of application (including those born in the UK during period of visa validity)
• Children over 18 (only if currently in the UK as the main visa holder’s dependant)

Tier 2 or Skilled Worker visa holders must provide proof that the relationship with their family members is genuine as part of their application.

In order for you to come to the UK on a Tier 2 Dependent visa, you must provide proof of your relationship in order to satisfy the Home Office that your relationship is genuine.

For example, this may take the form of a valid marriage or civil partnership certificate if you wish to bring your partner or spouse to the UK. Marriages and civil partnerships must be legally recognised in the UK for you to be eligible for this visa.

For unmarried partners, you must provide compelling proof that you have been in a relationship with your partner for at least 2 years. This may be in the form of documents such as tenancy agreements, or shared utility bills.

If the Tier 2 Dependent visa is for a child under the age of 18, proof must be provided that the child is dependent on either you or your partner or spouse. This is to satisfy the rule that only dependent family members can be eligible for this visa.

In addition, proof must be provided to show that the child is not married or in a civil partnership, does not have children of their own and they live (or will live) with you full-time, unless they live away from home as part of their education.

Tier 2 Dependent visa holders have no recourse to public funds in the UK, which means that they cannot claim any benefits.

As a result, you will need to provide adequate proof that your family member in the UK will be able to financially support you throughout your stay when you come to the UK (or that you  have access to such funds).

The minimum financial requirements are as follows:

• £285 for a partner
• £315 for one child
• £200 for each additional child

You or your family member will need to demonstrate that you have had these funds available to you for 28 of the 31 days prior to the date of application for the visa. You may do this by providing a recent, up-to-date copy of your bank account statement.

Note that you won’t need to provide proof that you meet the financial requirements if either of the following apply:

• You (the dependent family member) and your family member have been in the UK on a valid visa for 12 months already, or
• You family member’s employer can cover your costs for your first month in the UK
  • This must be stated on the certificate of sponsorship you received from your family member’s employer when they first applied for their initial Tier 2 (or equivalent) visa

There are a different set of rules and guidelines for dependent children, most of which are reliant on your own personal circumstances and family setup.

In order to qualify as a dependent child for a Tier 2 Dependent visa, one of the following must apply:

• The entire family is applying to the Home Office for visas, such as one parent for a Skilled Worker visa (or equivalent) and the rest as dependents
• Both parents are in the UK, with one or both of them under an eligible Tier 2 (or equivalent) visa and the child is applying to join them as a dependent from abroad
• One parent is in the UK under an eligible Tier 2 (or equivalent) visa, while the other is applying together with the child from abroad to join as a dependent

However, note that exemptions may apply to the above if any of the following apply:

• Only one parent is alive
• Only one parent holds sole responsibility for the child
• There are serious, compassionate or compelling considerations that need to be considered

If any of these circumstances apply, you will have to supply additional documentation or proof with your application in order to prove that these apply to you.

Note that if the child applying lives with the Tier 2 (or equivalent) visa holder, they will have to provide evidence of the child’s address through documents such as a bank statement, driving licence, NHS registration document or an official letter from their university or college.

You will be able to do the following with a Tier 2 Dependent visa:

• Stay in the UK for the same period of time as your family member’s own Tier 2 (or equivalent) visa
• Work, with some specific exceptions
• Study or take a postgraduate course, with some exceptions
• Extend your visa along with your family member’s Tier 2 (or equivalent) visa, as long as they also continue to meet eligibility requirements
• Apply for indefinite leave to remain if you’ve been in the UK for at least 5 years and your family member also qualifies, or has previously successfully applied for settlement

You will not be able to do the following:

• Claim benefits or access public funds
• Work as any of the following:
  • A doctor or dentist in training
  • A professional sportsperson
  • A professional sports coach