Eligibility criteria for relatives providing care

• Your relative in the UK must meet certain criteria for you to apply under this visa category. They must either be a British or Irish citizen, or have settled status in the UK, such as indefinite leave to remain, settled status, or proof of permanent residence. Additionally, if your relative is from the EU, Switzerland, Norway, Iceland, or Liechtenstein, they must have pre-settled status, having begun their residency in the UK before January 1, 2021. Alternatively, your relative may hold protection status in the UK, such as leave to remain as a refugee or permission to stay under humanitarian protection.

Establishing the Need for Long-Term Care

• One of the key elements of your application is proving that you require long-term care. This means that you must show that your ability to perform essential everyday activities is significantly impaired by your health condition or age. The UK government will assess whether the care you need is genuinely necessary and whether it can be reasonably provided in the country where you currently live. If it is determined that adequate care is not available or is prohibitively expensive in your home country, this strengthens your case for needing to join a relative in the UK.

Demonstrating Age and the Lack of Viable Care Options

• You must also prove that you are 18 years or older to be eligible for this visa category. Additionally, a vital part of your application involves showing that the care you need is either unavailable or unaffordable in your current country of residence. This requirement ensures that the visa is granted only in cases where relocating to the UK is the most practical solution for your long-term care needs.

Proving your relative’s ability to support and care for you

• Another critical aspect of your application is demonstrating that the relative you plan to join in the UK can provide the necessary care and accommodation for you. If your relative holds temporary permission to stay in the UK, they must be able to care for you throughout their permitted stay. If your relative is a British citizen or has settled status, they must be able to support you for at least five years. Importantly, your relative must have sufficient financial resources to support you without needing to rely on public funds. The UK Home Office will carefully review their income, housing situation, and any associated care costs to determine their ability to fulfil this responsibility.

• The length of time you can stay in the UK on a family visa largely depends on the immigration status of your family member. This visa category is designed to allow you to live in the UK with your relative, but the specifics of your stay—whether it is indefinite or requires periodic renewals—are determined by their residency or citizenship status.

Indefinite Stay for Family Members of British, Irish, or Settled Citizens

• If your family member is a British or Irish citizen, or if they have settled status in the UK, your stay will be unrestricted. This means that your right to remain in the UK is not subject to time limitations, and you will not need to apply for extensions or settlement at a later date. Essentially, you are granted an indefinite right to live in the UK as long as your family member maintains their status.

Temporary Stay for Family Members with Pre-Settled Status

• For those whose family members hold pre-settled status, the situation is different. Your right to stay in the UK is tied directly to the duration of your family member’s pre-settled status. To be eligible, your family member must have started living in the UK before January 1, 2021. You will be able to stay as long as they remain in the UK under their pre-settled status. However, when they need to extend or convert their status to settled status, you will also need to apply for an extension or settlement alongside them.

Stay Duration for Family Members with Protection Status

• If your family member has protection status in the UK, such as leave to remain as a refugee or permission to stay under humanitarian protection, your stay is also contingent on their status. You will be allowed to remain in the UK for as long as they are permitted to stay. Similar to the pre-settled status situation, when your family member applies for an extension or settlement, you must do the same to continue residing in the UK.

The processing time for your visa application can vary based on whether you are applying from inside or outside the UK. If you apply from outside the UK, you can typically expect a decision within 24 weeks. On the other hand, applications made from within the UK are usually processed within 8 weeks. These timelines reflect the thorough review process undertaken by the UK Home Office to ensure all criteria are met before granting a visa.

• It is important to note that you can only apply for this visa from outside the UK, unless you are already in the UK and seeking to extend your stay on an existing visa of the same type. This requirement underscores the UK government’s focus on ensuring that such visas are granted only to those who genuinely need to relocate to the UK for essential care that cannot be provided elsewhere.
• Applying for a UK family visa as an adult who needs long-term care from a relative requires meticulous preparation and substantial evidence. You must clearly establish your need for long-term care, demonstrate that suitable care is not accessible in your home country, and prove that your relative in the UK is both willing and able to provide the necessary support. By thoroughly addressing these criteria and presenting comprehensive documentation, it is possible to significantly enhance your chances of a successful visa application, ensuring that you receive the care you need while living with your family in the UK.
• AGCL Services can help you with rest of the visa process from completing the relevant visa applications forms to submit your application along with all the necessary and supporting documents.

For professional, up-to-date, and reliable advice on your visa requirements, connect with our experienced and accredited team of immigration visa experts. Call us on 020 3911 1115, send your inquiry via this form, or email us at ukvisa@agclservices.com. You can also request a callback by providing your contact details here, and we will respond you promptly.

When applying for a UK family visa, demonstrating your knowledge of the English language is often a key requirement. This requirement ensures that individuals entering or remaining in the UK can effectively integrate into the community. However, there are specific situations where you may be exempt from proving your English language proficiency.

When You Are Exempt from Proving English Proficiency

• Certain applicants are not required to demonstrate their knowledge of English. For example, if you are applying as a child or as an adult who needs care from a relative, you do not need to meet the English language requirement. Additionally, if you have already spent five years in the UK on a family visa and are extending it as a partner or parent, you are exempt. Other exemptions include individuals who are over the age of 65 or have a physical or mental condition that prevents them from meeting the requirement. Moreover, nationals from specific English-speaking countries and territories are automatically exempt from proving their knowledge of English. These countries and territories include Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, the British overseas territories, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the United States.

Methods to Prove Your Knowledge of English

• For those required to demonstrate their English proficiency, there are two primary methods: providing an academic qualification or passing an approved English language test. If you have earned a degree or another academic qualification that was taught or researched in English, this can serve as proof of your language ability. If your qualification was obtained from a UK institution, you only need to submit your degree certificate. However, if your qualification is from a university or college outside the UK, you must obtain a certificate from Ecctis (formerly known as UK NARIC) that confirms your degree is equivalent to a UK bachelor’s degree or higher and that it was taught in English.

Requirements for Academic Qualifications from Outside the UK

• If your academic qualification is from a university or college outside the UK, the type of certificate you need from Ecctis depends on the country where the qualification was earned. For degrees obtained from countries such as Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the United States, a statement of comparability is required. However, if your degree is from a different country, you will need a visa and nationality statement to verify that your qualification meets UK standards and was taught in English.

Taking an Approved English Language Test

• Another option to prove your English proficiency is by passing an approved English language test. For your first visa application, you must pass a test at least at level A1 on the Common European Framework of Reference for Languages (CEFR) scale. If you pass at level B1 or higher, this result can also be used when applying for settlement after five years, provided the test remains on the approved list and the certificate has not been withdrawn.

English language proficiency requirements for extending your visa

• If you need to extend your visa after 2.5 years, you may be required to pass a higher level on the CEFR scale. The level you need to achieve depends on the level you passed during your initial application. For instance, if you initially passed level A1, you must pass at least level A2 in speaking and listening for your extension. If you passed levels A2, B1, B2, C1, or C2, you may reuse the same test result, provided the certificate remains valid and has not been revoked.

• Securing a UK family visa as a parent involves proving your parental responsibility and active involvement in your child’s life, meeting language and financial requirements, and understanding the duration and renewal process of the visa. By gathering comprehensive and reliable evidence and preparing a thorough application, you can enhance your chances of obtaining a visa and ensuring your continued presence in your child’s life in the UK.
• AGCL Services can help you with rest of the visa process from completing the relevant visa applications forms to submit your application along with all the necessary and supporting documents.

For professional, up-to-date, and reliable advice on your visa requirements, connect with our experienced and accredited team of immigration visa experts. Call us on 020 3911 1115, send your inquiry via this form, or email us at ukvisa@agclservices.com. You can also request a callback by providing your contact details here, and we will respond you promptly.