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Apply as a Child to join Parent(s) – Family Visa
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Overview: Apply as a ‘Child’ as part of Family Visa

  • This dedicated family visa is available for children who intend to join their parent in the UK, designed to facilitate the reunification of families by allowing the child to reside with their parent under legally defined conditions. This visa enables children to reunite with their parent and reside with them in the UK under certain conditions. In some scenarios, a family visa may not be required if one or both parents hold indefinite leave to remain or possess proof of permanent residence in the UK. In such cases, the child might be eligible to apply directly for settlement in the UK, bypassing the need for a family visa.

Eligibility and requirements to apply as a ‘Child’ – Family Visa

For the children born in the UK

  • For children born in the UK, your permission to stay in the country will mirror that of your parent. You have the option to be added to your parent’s next visa application as a dependent or to apply separately. Regardless of the method, you must live with your parent in the UK, unless you are away for full-time education, such as attending a boarding school or university. Additionally, you must not be married or in a civil partnership. If you are under 18, it is important to be aware of the type of permission to stay (limited leave to remain) that your parent holds. If you are 18 or older, you could apply only if you had permission to stay in the UK starting when you were under 18, and the application must be made from within the UK.

For the children born outside the UK

  • If you were born outside the UK, your eligibility to apply for a family visa depends on your age and the circumstances under which your parent applied for their visa. Similar to children born in the UK, you must live with your parent unless you are in full-time education elsewhere. You must also be unmarried and not in a civil partnership. For children under 18, at least one parent must be applying for or already have a visa or an extension of their permission to stay, either as a partner (with the partner they are joining being your other parent) or as a parent with sole parental responsibility for you. In exceptional cases, if there are compelling reasons for you to come to or remain in the UK, and there are proper care arrangements in place, you might still be eligible to apply.

Applying as an ‘Adult Child’

If you are 18 or older, your parent can include you in their application as a dependent, or you can submit a separate application. Eligibility requires that you have permission to stay in the UK on a family visa that was granted when you were under 18. This application must be made from within the UK.

Key considerations for making simultaneous application with your parent

  • When applying for a family visa at the same time as your parent, it is important to understand that the visa requirements will vary based on your parent’s immigration status. The criteria you need to meet are influenced by whether your parent is a partner of a British or Irish citizen, holds indefinite leave to remain, or is a settled person in the UK. The eligibility extends to those whose parents are citizens of the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status, provided they started living in the UK before January 1, 2021. Additionally, these considerations apply if your parent holds a Turkish Businessperson visa, Turkish Worker visa, or has protection status, such as refugee status or humanitarian protection, or if they have permission to stay as a stateless person.
  • Understanding these distinctions is crucial for a successful application, as the specifics of your parent’s visa status will determine the path you must follow. This approach ensures that your application aligns with the relevant immigration requirements, helping you to navigate the process with confidence and clarity.

Key considerations for children applying separately from their parent

  • When a child applies for a family visa independently of their parent, the eligibility criteria and specific requirements largely hinge on the parent’s immigration status in the UK. The parent may be on a pathway to settlement in the UK, which could involve a 5 or 10-year route. This pathway could be based on the parent being a partner of a British or Irish citizen, holding indefinite leave to remain, or being a settled person in the UK. Additionally, the parent might be from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status, or they could be in the UK under a Turkish Businessperson visa, Turkish Worker visa, or have protection status such as refugee status or humanitarian protection. The parent could also have permission to stay as a stateless person.
  • When applying for a UK family visa independently from your parent, it is key to include evidence of your parent’s income. Their financial standing must meet the specified requirements for the type of family visa they are pursuing. For instance, if your parent is seeking a visa as a partner, you must demonstrate their ability to meet the financial criteria for partners. This involves gathering and presenting relevant documentation to support their income claims.
  • The child’s application needs to align with these specific conditions, ensuring that the visa process acknowledges the parent’s existing immigration status. Understanding these factors is essential for a successful application, as they dictate the evidence and documentation required to meet the visa criteria.

Processing times for family visa applications

The time required to receive a decision on your family visa application varies depending on where you apply from. Applications made from outside the UK typically receive a decision within 24 weeks. For applications submitted from within the UK, a decision is usually made within 8 weeks. However, if your parent is on the 10-year route to settlement, it can take up to 12 months to get a decision. Your parent’s decision letter will specify whether they are on the 5-year or 10-year route to settlement. If you are extending your family visa as a child, your previous decision letter will also indicate which route you are both on.

‘Child’ Visa Application Process

  • If you are submitting your application from outside the UK, you must prepare comprehensive information and evidence to accompany your application. This preparation is essential to ensure that all aspects of the financial requirements and eligibility criteria are thoroughly covered.
  • Applying for a family visa as a child involves understanding and meeting specific eligibility criteria based on your age, the visa status of your parent, and whether you were born inside or outside the UK. By comprehensively understanding these requirements and preparing the necessary documentation, you can enhance your chances of a successful application. This visa not only facilitates family reunification but also ensures that the legal and residential statuses of children are aligned with those of their parents, providing stability and continuity for families 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.

Visa application fees and other financial cost for ‘Child’ visa

Visa application fees

  • The cost of applying for a UK family visa varies depending on whom you are joining and whether you are applying from inside or outside the UK. If you are joining your partner, parent, or child, the fee is £1,846 when applying from outside the UK and £1,258 when applying from within the UK. These fees apply to each applicant, meaning that if you are adding dependents to your application, the cost per person remains the same.

Additional Healthcare Surcharge

  • In addition to the visa application fee, you may be required to pay the healthcare surcharge, which grants access to the UK’s National Health Service (NHS) during your stay. The amount you need to pay depends on the length of your visa and the age of the applicant. For adults aged 18 or older, the surcharge is £2,587.50 for a stay of 2 years and 6 months, £3,105 for a stay of 2 years and 9 months, and £5,175 for a stay of 5 years. For children under 18, the surcharge is slightly lower, costing £1,940 for 2 years and 6 months, £2,328 for 2 years and 9 months, and £3,880 for 5 years.

Expedited Decision Option

If you are applying from within the UK, you may have the option to expedite your application by paying an additional £1,000 for the super priority service. This service aims to provide a faster decision on your visa application.

Professional Services Fees

If you choose to use our professional services for your visa application, the fee will range between £800 and £1,200, depending on the complexity of your case and the number of applicants involved. Please note that these fees are separate from the government fees and charges outlined above. Our services provide expert guidance and support throughout the application process, ensuring that all requirements are met, and your chances of a successful outcome are maximized.

What are the alternative options if a family visa is not applicable?

If your parent is unable to include you in their visa application and you are already in the UK, you might qualify to apply under the Private Life in the UK category. Furthermore, if your parent has settled or pre-settled status under the EU Settlement Scheme, you may be eligible to apply to this scheme, which is free and provides a straightforward route for family members of EU, EEA, and Swiss citizens.

Understanding Indefinite Leave to Remain for children with family in the UK

Indefinite Leave to Remain (ILR) allows children who have family members settled in the UK to obtain permanent residency, providing them with the right to settle in the country without immigration restrictions. This status ensures long-term stability for children who qualify under specific legal conditions. ILR is particularly significant for children whose parents or relatives have already established their permanent residency in the UK. Understanding the eligibility criteria and the legal requirements is crucial for those looking to secure their immigration status under this category.

Who can apply for Indefinite Leave to Remain as a child?

  • Children who hold a valid family visa as dependents of a British citizen or a settled parent in the UK may be eligible to apply for Indefinite Leave to Remain. This route is distinct from applications made by dependents of individuals on work visas, which have separate guidelines. Eligibility may also extend to children under 18 who were born in the UK before their parent obtained settled status, regardless of their prior immigration history, even if they never held a visa. Additionally, those who were previously dependents on a relative’s visa—where the relative had refugee status or humanitarian protection before obtaining settlement—may also be eligible to apply.
  • A child may also qualify for ILR if their parent is in the process of applying for settlement under the 10-year route as a partner or parent. However, if the child was born in the UK after the parent obtained settlement, ILR may not be necessary, as alternative routes to British citizenship may be available. Parents are allowed to apply for ILR on behalf of children under 18, ensuring that the child’s immigration status is secured without the need for an independent application.

ILR - Apply as a Child to join Parent(s) – Family Visa

Applying ILR for child when a parent or relative is seeking settlement

In cases where a parent or relative is applying for settlement in the UK, a child may sometimes be included in the same application. If the parent or relative has already submitted their settlement application but has not yet received a decision, the child may apply separately as a dependent. However, if the parent is applying for settlement under the 10-year route, the child must submit an independent ILR application rather than being included in the parent’s application.

Eligibility criteria for Indefinite Leave to Remain as a Child

  • To qualify for ILR as a child, specific legal conditions must be met. The child must have previously been granted permission to remain in the UK as a dependent of their parent or relative. They must also either currently live with their parent, parents, or relative in the UK or plan to continue living with them after ILR is granted. An essential requirement is that the child’s accommodation and financial support must be adequate without reliance on public funds. Furthermore, to be eligible, the child must not be married, in a civil partnership, or leading an independent life.
  • If the child lives with a single parent who became a British citizen after obtaining settlement, the child must have been legally recognized as their dependent at the time of the parent’s settlement. These conditions ensure that the child remains closely connected to their settled parent or guardian, reinforcing the dependency criteria required for ILR approval.

What defines the Parent-Child relationship for ILR?

  • In situations where the parent does not have sole responsibility for the child, ILR may still be granted if the other parent is deceased or if there are serious and compelling reasons why the child should be allowed to remain in the UK. Additionally, if the child lives with a relative other than a parent, there must be exceptional circumstances that justify the child’s continued stay in the UK under their care.
  • The UK immigration rules specify the nature of the parental relationship that qualifies a child for ILR. The parent may be a biological parent, legal guardian, or adoptive parent. If the child lives with both parents in the UK, both must have settled status. If the child resides with only one parent, that parent must have settled status and full responsibility for the child’s upbringing.

ILR requirements for applicants aged 18 or Over

  • For applicants who are 18 or older, additional requirements apply. The individual must have been recognized as a dependent on their parent or relative’s visa before turning 18. The parent or relative must now be settled in the UK, having previously held a family visa as a partner or parent or having obtained settlement through refugee status or humanitarian protection. The applicant must still reside with their settled parent or relative and must not be married, in a civil partnership, or living independently.
  • Furthermore, those applying for ILR as an adult dependent may also need to pass the Life in the UK Test, which assesses knowledge of British history, values, and culture. Additionally, meeting the English language requirements may be necessary, depending on the applicant’s country of origin and previous visa conditions.

Securing permanent residency through ILR with AGCL’s services

  • Applying for Indefinite Leave to Remain (ILR) as a child requires a thorough understanding of the UK immigration rules and eligibility criteria. Whether the application is based on a family visa, dependency on a settled parent, or a connection to a parent applying for settlement, each case must meet specific legal requirements. Key factors such as parental responsibility, financial independence, and proof of continuous residency play a crucial role in determining the success of an application. Ensuring that all necessary documentation is provided and that the application meets the Home Office’s stringent standards is essential for securing permanent residency in the UK. If your child may be eligible for ILR, it is important to explore the process in detail and submit a well-prepared application to strengthen the case.
  • Navigating the UK immigration system can be complex, and even minor errors in an application can lead to unnecessary delays or rejections. AGCL Services specializes in assisting applicants with ILR applications, providing expert legal guidance to maximize the chances of a successful outcome. Our team of accredited immigration advisors offers professional support in gathering the required documentation, assessing eligibility, and preparing a strong application that meets all legal standards. With in-depth knowledge of UK immigration laws and a track record of success, AGCL ensures that your application is comprehensive, well-structured, and fully compliant with Home Office requirements. By choosing AGCL Services, you benefit from expert advice, meticulous attention to detail, and dedicated support throughout the entire process, giving you confidence in achieving permanent residency in the UK.

Contact Our Team of Experts

To obtain professional, most up-to-date, and accurate advice on your visa requirement please contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us or request a call back.

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