When applying for a UK Spouse Visa, applicants should understand the intricacies involved in including children on the visa as a dependant. In this article, we aim to break down some of the complexities for individuals applying for a Spouse Visa who also have children to consider. The process can be quite complex, and knowing the proper steps and requirements is essential for a successful application.
In this guide, we’ll explore the UK Spouse Visa, discuss how to add children as dependants , whether they are under or over 18, and detail the necessary documentation and alternative visa routes that might affect your application.
What Is The UK Spouse Visa?
A Spouse Visa is a UK immigration route that allows a married partner or civil partner of a British citizen or someone settled in the UK to live together in the United Kingdom.
The general eligibility requirements that spouse visas usually include but are not limited to:
- Proof of a genuine marriage: Establishing that the relationship with your partner is bona fide.
- Minimum income requirement: Ensuring you can support yourself without public funds.
- Suitable accommodation: Demonstrating that you have adequate living arrangements.
- English language proficiency: Passing an English language test at least at A1 level.
Key Takeaways
| Information | Details |
|---|---|
| Visa Type | Spouse Visa |
| Key Spouse visa Requirements | Genuine relationship, financial stability, accommodation, English proficiency |
| Who can Apply for a Spouse Visa? | Suitable for partners of British citizens or someone settled in the UK |
Adding Children as Dependants Under a UK Spouse Visa
When applying for a Spouse Visa in the UK, including your children as a dependant in the application so that they can enter the UK with you requires a detailed understanding of the conditions and how the child’s age may affect and requirements.
The application process and requirements for a child being placed as a dependant under a spouse visa can differ significantly, based on whether your child/ children are under or over 18 years of age.
Children Under 18
For children under the age of 18 being added as a dependant, the guidelines are designed to ensure that they are adequately cared for and not living independently.
Some of the main Points Home Office consider may include:
- Dependency: Children must not be married or in a civil partnership, must live with you, and be financially supported by you without the need for public funds.
- Application Options: They can either be included in your Spouse Visa application or apply separately, depending on the family’s specific needs.
- Exceptions: In rare cases with very serious reasons, other provisions may apply to facilitate their entry or indefinite leave to remain in the UK.
Children Over 18
Older children, particularly those over 18, may also be included in your Spouse Visa as a dependant application under certain conditions, although this is usually more difficult to achieve that applying for a child dependant who is under 18.
- Previous Permissions: They must have previously received permission to enter or stay in the UK under a family visa when younger.
- Lifestyle: They should not be living an independent life, which includes not having their own family, not being married, or not supporting themselves financially.
Key Considerations for Both Age Groups That Home Office May Raise
| Age Group | Inclusion Criteria | Application Option |
|---|---|---|
| Under 18 | Not married, living with parents, financially dependent | Included or separate application |
| Over 18 | Must have previous UK visa, not living independently | Included in parent’s application |
Understanding the differences in requirements between the two age groups is crucial for ensuring that your dependant application process goes smoothly as possible and that all family members are appropriately accounted for.
Applying for a Spouse Visa from Inside vs. Outside the UK
The process of applying for a Spouse Visa, including children as dependants, can vary depending on whether the application is being made from inside or outside the United Kingdom.
Applying from Inside the UK
For those who are already in the UK, under a different visa category, and want to switch into a Spouse Visa after entering into a marriage or civil partnership with a British citizen or someone settled in the UK, the typical application steps are as follows:
- Switching Categories: You can switch to a Spouse Visa from another visa category, provided you meet all the necessary conditions of the Spouse Visa, including relationship proof, financial requirements, and suitable accommodation.
- Children’s Inclusion: If your children are in the UK and meet the dependency requirements, they can be included on your application or apply separately as dependants.
Applying from Outside the UK
Applicants from outside the UK need to follow these guidelines:
- Simultaneous Applications: Both the main applicant and the children must apply at the same time. The application involves filling in the online “Appendix FM form“, and if the children are not included in the initial application, a separate “Appendix 1 paper form” must be completed.
- Documentation: Clear and concise documents that prove the relationship is genuine and subsisting, financial stable, and accommodation suitability must be provided alongside the application.
Main Differences in Applications
| Location | Application Process Description |
|---|---|
| Inside the UK | Switch to a Spouse Visa from another visa category, including children as dependants if eligible. |
| Outside the UK | Apply simultaneously with the children dependant using either an online or paper form, ensuring all documentation is correctly submitted for all applicants. |
What Documents and Information Do I Need for a Spouse Visa?
Including the proper documents needed for your specific application form is crucial for a successful Spouse Visa application. It is essential to provide comprehensive and correct paperwork to support both the main applicant’s and any children dependant applications.
Main Applicant Documentation
The main applicant must submit a variety of documents to demonstrate their relationship, financial stability, and compliance with visa requirements:
- Proof of Relationship: Evidence might include marriage certificates, photographs, chat history, and joint tenancy or mortgage agreements.
- Financial Evidence: Bank statements, pay slips, or proof of savings to show that the new minimum income requirement of £29,000 is met.
- Accommodation Details: Evidence of suitable living arrangements.
- Language Proficiency: A certificate from an approved English language test centre or other proof like a degree taught in English.
- Biometric Information: This data is collected at an official UK Visa and Citizenship Application Services (UKVCAS) centre, and will include your fingerprints and a passport sized photograph.
- Additional Documentation: Passports, proof of UK residency status for the partner, and any necessary immigration and criminal history disclosures.
Children dependant Documentation
For each child included in the Spouse Visa application, the following specific documents are generally required:
- Personal Details: Full name, date of birth, and nationality.
- Dependency Proof: Information proving the child’s dependency status, such as statements regarding who they live with and their financial dependency on the parent.
- Passport Information: A valid travel document and it’s details.
- Parental Responsibility: Information about other individuals with parental responsibilities if applicable.
- Engagement in Child’s Life: Evidence of the parent’s involvement in the child’s day-to-day life and care responsibilities.
Documentation Checklist
| Document Type | Description | Required For |
|---|---|---|
| Proof of Relationship | Certificates, photos, correspondence, joint agreements | Main Applicant |
| Financial Evidence | Bank statements, pay slips, proof of savings | Main Applicant |
| Accommodation Details | Evidence of suitable living conditions | Main Applicant |
| Language Proficiency | A1 level English test pass certificate or equivalent | Main Applicant |
| Biometric Information | Fingerprints and photograph for identification | Main Applicant |
| Personal Details | Child’s name, birth date, nationality | Each Child |
| Dependency Proof | Statements on living arrangements and financial support | Each Child |
| Passport Information | Passport details | Each Child |
| Parental Responsibility | Information on parental responsibilities by others | Each Child |
| Engagement in Child’s Life | Evidence of day-to-day involvement and care | Each Child |
Preparing these documents meticulously is vital to avoid delays or rejections in the application process.
Alternative Visa Routes for Dependants – Applying Based on Private Life
For some families, the standard dependant route on a Spouse Visa might not be a viable option, especially when certain children do not meet the dependency criteria due to age or other circumstances. If you and your family aren’t able to apply for a spouse visa, applying based on private life considerations could provide an alternative pathway.
Eligibility for Private Life Applications
The private life route is primarily designed for children who have lived in the UK for a continuous period of 7 years with no major breaks in the residency period (excluding Home Office exemptions) and as such have formed substantial connections and integrated in the country, meaning that it would be unreasonable to remove the child form the UK.
The eligibility requirements for 7 Year Private Life include:
- Age and Residence: For children under 18, they must have lived continuously in the UK for at least 7 years. For those aged between 18 and 24, they must have lived more than half their life in the UK.
- Significant Obstacles: For individuals aged 18 or over who have spent less than 20 years in the UK but would face significant obstacles in the country they would have to move to, such as not speaking the language or destitution.
Application Process and Outcome
- Application Details: The application must be completed online, detailing all aspects of the child’s private and family life in the UK.
- Outcome: If successful, the applicant will receive leave to remain for 30 months, which can be extended and potentially lead to settlement after 10 years.
Private Life Route Considerations
| Age Group | Residence Requirement | Possible Outcomes |
|---|---|---|
| Under 18 | Lived in the UK for at least 7 years | Leave to remain for 30 months |
| 18 to 24 | Lived more than half their life in the UK | Leave to remain, pathway to settlement |
| 25 and over | Spent significant part of life in the UK, facing significant obstacles elsewhere | Potential pathway to settlement |
Applying on the basis of private life can be particularly relevant for children who have grown up in the UK and whose removal might pose unreasonable challenges due to their established social and educational ties.
Ready to Start Your Family’s Visa Application?
Don’t go through it alone! Our expert immigration lawyers are here to provide you with specialist, tailored advice and support. From gathering the right documents to filling out the application forms accurately, we’re with you every step of the way to ensure that your family’s journey to the UK is smooth and successful.
Contact UKSpouseVisa Lawyers today to set up an appointment and start your Spouse visa & child dependant application with confidence. Reach out to us by phone, email, or request a call back through our website.
