Family Visa
Family Visa Solicitors
Who is eligible for a Family Visa
If you are a British citizen and/or settled in the United Kingdom and wish to bring your family over, you must apply for a Family visa.
To apply for a Family Visa to the UK, you must meet specific criteria based on the type of family visa you are applying for. As of our last update in September 2021, here are the general criteria for some common types of Family Visas:
Spouse Visa
- You and your spouse are of legal age (which in the United Kingdom is 18)
- Either you have savings of £18,600, or your partner earns the same amount
- You have a suitable living environment in the United Kingdom
- You meet the English language fluency requirements
- You can support yourself and any dependents fully
- You and your partner intend to live together, permanently
Unmarried Partner Visas
- You must have lived together in a relationship akin to marriage for at least two years.
- Both partners must be at least 18 years old.
- You must intend to live together permanently in the UK.
- Financial requirements must be met to show you can support yourselves without public funds.
- Suitable accommodation must be available for both partners.
Fiancé(e) Visa
- You must be engaged to a British citizen or a person with settled status in the UK.
- Both partners must be at least 18 years old.
- You both must intend to marry within six months of your arrival in the UK.
- Financial requirements must be met to demonstrate you can support yourselves without public funds.
- Adequate accommodation should be available for both partners after marriage.
Dependent Child Visa
- You must be under 18 years old.
- You must not be married, in a civil partnership, or living independently.
- Adequate arrangements for your care and accommodation in the UK must be in place.
- A parent or legal guardian must provide consent for your application.
Parents Visas
- You must be the parent of a child who is a British citizen or has settled status in the UK.
- You must have a genuine and subsisting relationship with your child.
- Financial requirements must be met to show you can be adequately maintained and accommodated in the UK.
- Suitable arrangements for your care in the UK must be in place.
Dependent Relative Visa
- You must depend on a close family member who is a British citizen or a person with settled status in the UK.
- You must demonstrate that you require long-term care that can only be provided by your UK-based relative.
- Adequate arrangements for your care and accommodation in the UK must be in place.
If you are would like to reunite with a loved one from abroad
How long is a family visa valid for
The validity of a Family Visa to the UK varies depending on the specific type of visa and the applicant’s circumstances. Here are the general validity periods for common types of Family Visas:
Spouse Visa and Unmarried Partner Visa:
- Initially granted for 30 months (2.5 years).
- If you meet the requirements and extend your stay, you may be granted an extension for another 30 months.
Fiancé(e) Visa:
- Valid for 6 months.
- You must marry your partner within the 6-month period if you want to switch to a Spouse Visa and continue living in the UK.
Dependent Child Visa:
- The validity period is usually determined by the duration of the child’s parent’s or guardian’s visa to whom they are dependent.
- For example, if a parent is granted a Spouse Visa for 30 months, the child’s visa will also be valid for the same duration.
Parent Visa:
- Initially granted for 30 months (2.5 years).
- If you meet the requirements and extend your stay, you may be granted an extension for another 30 months.
Dependent Relative Visa:
- Initially granted for 30 months (2.5 years).
- If you meet the requirements and extend your stay, you may be granted an extension for another 30 months.
Can I extend my family visa
If you decided to apply for an extension of your Family visa, you can do so for an additional 30 months, which will bring your stay in the United Kingdom to 5 years.
If you remain in the United Kingdom for those 5 years, you become eligible for Indefinite Leave to Remain (ILR). If you want to know more about settling in the United Kingdom, please click here.
What evidence do I need for a family visa application
When applying for a Family Visa to the UK, you must submit various evidence to support your application and demonstrate that you meet the eligibility criteria. The specific evidence required may vary depending on the type of Family Visa you are applying for and your circumstances. Here are some common types of evidence you may need to provide:
Proof of Relationship:
- Marriage certificate (for spouse visas)
- Evidence of a long-term relationship (for unmarried partner visas).
- Proof of engagement (for fiancé(e) visas).
- Birth certificates showing parent-child relationships (for child and parent visas).
Financial Evidence:
- Bank statements showing savings and income to meet the financial requirements.
- Payslips or employment contracts to demonstrate stable employment and income.
- If a sponsor provides financial support, their bank statements and a letter of support.
Accommodation Evidence:
- Tenancy agreement or property ownership documents to prove you have suitable accommodation in the UK.
English Language Proficiency (if required):
- English language test results.
- Proof of an exempt qualification.
Tuberculosis (TB) Test Certificate (if required):
- Some applicants from certain countries need to provide a valid TB test certificate.
Consent Documents (for minors):
- If a child applies for a visa, their parent or legal guardian’s consent is necessary.
Other Supporting Documents:
- Any relevant documents demonstrating your ties to your home country and your intentions to return after the visa expires. For example (e.g., employment letters, educational documents, property ownership, etc.).
- Travel history (previous visas and entry/exit stamps) to show your immigration compliance in other countries.
It’s crucial to provide clear and well-organised documentation to support your application. Additionally, any documents not in English or Welsh must get translated by an official translator. Always check the specific requirements for the type of Family Visa you are applying for, as different visas may have slightly different evidentiary requirements.
As immigration rules and requirements can change, we should consult with our qualified immigration solicitors or check the official UK government website for the most up-to-date and accurate information on the evidence needed for a Family Visa application.
Give us a call and we will be happy to assist you.
BOLTON: 01204 565006
STOKE-ON-TRENT: 01782 212903
Family Visa Appeals
Family visas can be refused and in that situation, you can appeal the decision.
The most common reasons for refusal are:
- You did not meet the English language requirements
- You applied for the wrong type of visa
- The documents you submitted with poorly organised
- You did not disclose criminal convictions
- You have not followed the Home Office application guidelines
If you are in the United Kingdom, then you have 14 days (from the day you received the decision) to appeal your rejection. If you are not in the United Kingdom, then you have 28 days to appeal the decision.
How long does it take to get a decision
The processing times for a Family Visa application to the UK can vary depending on several factors, including the type of visa, the country where you apply, the time of year, and the complexity of your case. As of my last update in September 2021, the UK Visas and Immigration (UKVI) provides estimated processing times for different types of visas, including Family Visas, on their official website.
Here are some general guidelines for the processing times of Family Visa applications:
Standard Family Visa Applications:
- Spouse Visa, Unmarried Partner Visa, Child Visa, Parent Visa, and Dependent Relative Visa.
- Processing times may vary, but a decision typically takes around 12 weeks (3 months).
Priority Service:
- Some Family Visa applications offer a Priority Service option, allowing faster processing.
- With Priority Service, you may receive a decision within five working days (1 week) for most visa types.
Super Priority Service:
- A few selected locations offer Super Priority Service, which provides the fastest processing option.
- With Super Priority Service, you may receive a decision on the next working day after your application submission.
It’s essential to note that processing times can change, and the availability of Priority or Super Priority services may vary based on your location. Also, processing times may be longer than the estimated durations during peak times or exceptional circumstances.
Can I work in the UK on a Family Visa
Yes, you can work in the UK on a Family Visa, depending on your specific type of Family Visa. Here are the main Family Visa categories and their work-related permissions:
Spouse Visa and Unmarried Partner Visa: Holders of Spouse Visas and Unmarried Partner Visas are allowed to work in the UK without any restrictions. They have full work rights and can work in any sector or profession.
Fiancé(e) Visa: Fiancé(e) Visa holders are not initially permitted to work in the UK. However, they can work without limitations once they marry their British citizen or settled partner and switch to a Spouse Visa.
Child Visa: Children under 18 who hold a Child Visa cannot work in the UK. This visa is intended for dependent children who must join their parents or legal guardians in the UK.
Parent Visa: Parent Visa holders are not granted work rights in the UK. The visa is primarily designed for parents of British citizens or settled individuals to join their family members, but it does not offer work permission.
Dependent Relative Visa: Similar to the Parent Visa, Dependent Relative Visa holders are not allowed to work in the UK.
It’s important to note that work rights are subject to each visa category’s specific conditions and limitations. Suppose you are unsure about your work rights on a particular Family Visa or have questions about your eligibility to work. In that case, it’s advisable to consult with a qualified immigration solicitor who can provide accurate and up-to-date advice based on your circumstances.
Can I apply for settlement (indefinite leave to remain) on a Family Visa
Yes, you can apply for settlement, also known as Indefinite Leave to Remain (ILR), on certain Family Visas in the UK. Indefinite Leave to Remain is a form of permanent residence that allows you to live and work in the UK without any time restrictions. The eligibility for settlement on a Family Visa depends on the specific type of visa you hold and the duration of your continuous residence in the UK.
Here are the Family Visa categories that may lead to eligibility for settlement:
Spouse Visa and Unmarried Partner Visa: If you hold a Spouse Visa or an Unmarried Partner Visa, you may become eligible to apply for ILR after residing in the UK for a continuous period of 5 years as a partner of a British citizen or a settled person. You must also meet other relevant requirements, including English language and Life in the UK test.
Parent Visa and Dependent Relative Visa: Unfortunately, the Parent Visa and Dependent Relative Visa do not lead to settlement. These visas are meant for individuals who wish to join their family members in the UK but do not provide a pathway to ILR.
It’s crucial to note that the eligibility criteria and rules for settlement can change over time. So, it’s essential to check the official UK government website or consult with a qualified family visa solicitors for the most up-to-date information on settlement options for your specific Family Visa type.
If you are eligible and wish to apply for Indefinite Leave to Remain, it is recommended to carefully prepare your application and provide all necessary evidence to demonstrate your eligibility. An our immigration solicitor can assist you throughout the process, ensuring that your application meets the requirements and increases the chances of a successful outcome.
Apply for a Family visa with our help
Who is eligible for a Family visa?
If you need legal assistance with a family visa or visa appeal, contact our immigration lawyers today. Our highly successful team of immigration solicitors can assist in all types of visa applications, from spouse visa applications and appeals to standard visitor visa and student visa applications.
You can contact our highly rated Stoke-on-Trent immigration department by calling 01782 212903 or our immigration solicitors in Manchester on 01204 565006.
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