Family Members Visas

1. The difference between Family Members Visas and Family Permit

Since the UK completely withdrew from the European Union in 2020, there have been some changes in the visa regime for close family members of persons (EU citizens), who have already obtained British Citizenship or Settled Status, Pre-settled Status, or received asylum in the UK, etc.

What kind of visa is needed for your partner, wife, or children: 

• Family Permit – if your relationship has been started or registered BEFORE 31 December 2020
• Family Members Visas – if your relationship has been started or registered AFTER December 2020

There is a special appendix for Family Permit, according to which close family members can come, it does not include siblings (sisters and brothers). 

For example, EU citizens who have received Settled or Pre-settled Status in the UK can call their parents, their wife and children. At the same time, their marriage had to be registered before 2020, and relatives could come to the UK with a family permit. If their marriage is registered after 2020, then relatives have to apply for Family Members’ Visas. 

2. UK Spouse Visa / Partner Visa

Both you and your partner must be at least eighteen years old to apply as a pair.

Your partner additionally needs to:

• possess Irish or British citizenship
• have settled in the UK (have proof of permanent residence, indefinite leave to remain or EU settled status)
• have a pre-settled status (arrived in the UK before January 1, 2021) and originate from the EU, Switzerland, Norway, Iceland, or Liechtenstein
• have a Turkish Worker visa or a Turkish Businessperson visa
• have protection status (leave to remain as a refugee, permission to stay as a refugee or status as a person with humanitarian protection)

Once you apply, you and your partner must plan to live together permanently in the UK.

If your partner or spouse has settled or pre-settled status you may be able to apply to the free EU Settlement Scheme.

By applying it is required of you to demonstrate one of the following:

• you are in a legally recognized marriage or civil partnership in the United Kingdom
• you and your partner have been living together in a relationship for at least 2 years
• you will get married or form a civil partnership in the UK within six months after coming to the UK if you are a fiancé, fiancée, or prospective civil partner

You also need to prove you can financially support yourself and your dependents and have a good knowledge of English.

You might still be allowed to apply for a visa or extend your stay if you don’t match these conditions:

• you have a child with British or Irish citizenship or your child has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• living together as a couple outside of the UK would provide very real challenges that you and your partner could not overcome
• making you leave or preventing you from entering the UK would be a violation of your human rights

3. Fiancé Visa

A fiancé, fiancée, or prospective civil partner of an eligible person residing in the UK may visit the country for a maximum of six months in order to consummate their marriage or form a civil partnership. The aforementioned financial and English language prerequisites for the spouse/partner visa must also be satisfied.

You can then apply for a full UK Partner and Spouse visa when you and your UK-based partner get married or enter into a civil partnership. You may enter the country for up to two years and nine months as a holder of a Partner and Spouse visa, after which you may renew your visa for a further two years and six months. Applying for indefinite leave to remain (ILR) is then possible at this time.

4. Parent Visa

With a parent visa under the Family Visa Scheme, a parent can come to the UK to live, work, and study to join a child. 

The child must not be living an independent life and be under 18 years old, or have been under 18 when their parent was originally given leave, in order to apply for a parent visa. 

The child must be living in the UK and be:

• a British or Irish national
• settled in the UK
• having a pre-settled status under the EU settlement scheme or having lived in the UK for 7 years continuously without any reasons to leave

All applicants must have sole or shared parental responsibility for their child.

In most cases, child visas are issued following parental leave. In order to obtain permanent residence, child visas may also be extended (ILR).

Citizens with parent visas are allowed to stay for a maximum of two years and nine months, with an additional two years and six months at that point. After five years they can apply for indefinite leave to remain (ILR).

5. Child Visa

A child can accompany their parent in the UK with a child visa issued under the Family visa program. It is significant to remember that if a child has at least one parent who holds UK ILR, they might not need a family visa. It might be possible to apply for ILR right away in this situation.

Whether a child was born in the UK or not determines the requirements for a child visa. The child can apply individually or be included as a dependent family member to their parent’s next visa application if they were born in the UK and are under the age of 18. As long as the child is dependent on their UK-based parent and was born in the country, they may be included in their parent’s application if they are above 18.

Applicants who were not born in the UK must demonstrate that they are single, unmarried, and dependent on their parent(s) who reside in the UK.

In most cases, child visas are issued following parental leave. In order to obtain permanent residence, child visas may also be extended (ILR).

6. Adult dependent relative visa

A parent, grandchild, brother, sister, son, or daughter who continuously resides in the UK may provide long-term care to foreign relatives by allowing them to enter the country with an adult dependant relative visa. 

Adult dependant, relative applicants must be able to show:

• they are 18 years or older
• the care required is not available (or affordable) in their home country
• they require long-term care to carry out day-to-day personal and household tasks as a result of illness, disability, or age
• a person who will care for them in the UK must be able to support and accommodate them without the need to claim public funds for at least 5 years

Adult dependant, relative visa holders can remain for an unlimited period once in the UK.

7. PBS dependent visa

PBS dependant visas enable the partner and children of those with an eligible visa to come to the UK. Eligible dependents include:

• children over 18, if they are your dependant
• child under 18 (this includes children who were born in the UK)
• married partner, civil partner, or unmarried partner (if unmarried, you must have been living with your partner in a relationship for at least 2 years)

Your family member is permitted to remain as long as you have a valid dependant visa. Your dependents will be eligible to apply for an extension of leave if you renew your visa. Similarly, if they satisfy the qualifying conditions, they will be able to apply for ILR.

8. Ancestry Visa

Eligible foreign nationals can reside, work, and study in the UK with an Ancestry visa. They must also be able to show that one of their grandparents was born in the UK, the Channel Islands, or the Isle of Man. Candidates for an ancestry visa need to be one of the following:

• a British overseas citizen
• a British overseas territories citizen 
• a British national (overseas)
• a Commonwealth citizen
• a citizen of Zimbabwe

Holders of ancestry visas are originally allowed to remain for a maximum of five years, after which they can apply for settlement (ILR) or extend their visa for a longer period.

9. If your Family Visa application is refused

A family member visa UK can be refused for a wide range of reasons, such as:

• The Home Office does not believe your relationship to be sincere
• Financial Requirements Have Not Been Met
• A Sponsor, Who Is Located In The UK, Lacks Suitable Housing
• You Have Not provided all of the required documents

We are aware of how upsetting it might be to receive a letter of rejection from the Home Office. Our advisers can evaluate the grounds for denials fast and suggest the best course of action to ensure a successful outcome. We might advise filing a new application, appealing, requesting an administrative or judicial review, or applying for a different kind of visa, depending on the specifics of your case.

10. How our company will help?

Our Immigration Consultants offer assistance with applications for Family Members Visas, book a consultation for immediate help.

To assist our clients with every stage of the visa application process, we provide consulting services and an Application Package. With this service, where our advisers will assist you with completing the application, verifying that all the information is correct, and ensuring that you have all the necessary supporting documents. Additionally, our Immigration Consultants will be available at any time to address any queries you may have about your application.