Spouses, civil partners, unmarried partners and children under 18 years old may apply for permission to enter or remain in the UK as dependant family. You may continue to be treated in line with your main applicant, and should be eligible for extension applications at the same time as your main applicant. However, it is important to note, following the regulatory changes to family immigration law on 9 July 2012, the duration of time you are required to live with your main applicant in the UK to qualify for settlement has increased from 2 years to 5 years.
Where possible we suggest that family members apply for their initial visas or an extension of their stay at the same time as your main applicant. If you cannot apply at the same time as you, additional documents may be required and the costs will increase. Please call us on 020 337 11033 to discuss your options.
Children will generally need to be under the age of 18, although the overriding principle is that dependant children must be financially and emotionally dependant upon the main applicant, and must not have formed an adult life away from the family home (i.e. the child should not be married, living away from home or working full time).
In some instances children under 18 may be refused the dependant visa if they are deemed to have formed an adult life. Conversely, it may be possible for children over the age of 18 to accompany their parents if they are deemed still to be totally dependant on their parent(s). The normal situation where the latter is applicable would be where the child is studying for a further or higher education course.
You are possible to switch into dependant visa from inside the UK unless:
• You were last granted leave to enter or remain as a visitor, or
• You are on temporary admission or temporary release
If you are child of a PBS migrant, you must be under the age of 18 on the date of application. Where you are aged 18 or over you must have, or have last been granted leave as the family member of a PBS migrant or someone applying at the same time for leaving as a PBS migrant.
The vast majority of dependant visas allow the holder to work without restriction in the UK, even the main applicant is restricted as to their employment, i.e. with Tier 2 visa. Dependants are also normally free to enter self-employment. However, dependants of 12 months Students visa holder are not permitted to work in the UK.
If you are already in the UK as a dependant family, you can seek extension of stay when the main applciant is either seeking extension of stay or applying for Indefinite Leave to Remain. Certain PBS dependants cannot apply for ILR at the same time as the main applicant due to not meeting the residential requirement and therefore they have to apply for extension of stay when the main applicant is applying for ILR.
Yes. You can apply Indefinite Leave to Remain as a dependant family member of PBS main visa holder. If you have lived as a dependant in the UK for five years on PBS dependant visa, you can apply ILR at the same time of your main applicant. If you have lived shorter than 5 years, you need to apply separately your ILR later when you meet your 5 years residential requirement.