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What is a Child Dependant?
In the context of UK immigration, a child is recognized as a dependant if they are under 18 years old, unmarried, not in a civil partnership, and do not have an independent life or family of their own. This means they rely on their parents or guardians for financial and emotional support.
Can I Get a Visa for My Child?
Yes, you can apply for a visa for your child under certain conditions. Generally, the Home Office approves UK child dependant visa when both parents reside in the UK. However, if only one parent lives in the UK, they must demonstrate that they have sole responsibility for the child. This could involve providing documentation that shows the UK-based parent takes care of the child’s needs without the involvement of the other parent.
If the UK-based parent cannot prove sole responsibility, they need to explain why denying the child entry would not be in the child’s best interests. Evidence regarding childcare arrangements is essential in these cases.
It’s important to note that the criteria for determining a child’s dependant status differ between EEA (European Economic Area) and non-EEA nationals. EEA nationals can apply for dependant visas for children up to 21 years old, while non-EEA nationals are limited to children under 18.
The dependant status does not apply if the child has their own family, lives independently, or is financially self-sufficient. Additionally, shared custody situations complicate visa applications. The UK-based parent must prove they have been solely responsible for the child’s upbringing without help from the other parent.
Given the complexities of family immigration law, it is advisable to consult an experienced immigration lawyer who can guide you through the process and help you explore your options.
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Categories of Child Dependant Visas
Child dependant visa applications fall into three main categories:
- Dependent Children of a Person Present and Settled in the UK
- Dependent Children of a Person with Limited Leave to Remain in the UK
- Dependent Children of an EEA National Exercising EC Treaty Rights in the UK
1. Dependent Children of a Person Present and Settled in the UK
If a child’s parent is settled in the UK, you can apply for a visa that allows the child to join them permanently. Several conditions must be met for this application to be accepted:
- The UK-based parent must either be a British citizen or a legally settled resident. If both parents are applying for settled status together, they can also apply for their child.
- The child must be under 18, unmarried, not living independently, and not have their own family.
- The child must be properly accommodated and financially supported without needing public funds.
The Home Office strictly enforces the sole responsibility principle. If a visa application relies on this principle, any involvement from the second parent could disqualify the child from obtaining a visa. It’s essential to be transparent and provide clear evidence of parental responsibilities.
2. Dependent Children of a Person with Limited Leave to Remain in the UK
Parents granted limited leave to remain can apply for visas for their dependant children under 18. The visa for the child will align with the parent’s visa duration. If the parent can extend their visa, the child can usually do the same.
If the child turns 18 while living in the UK, they can still be classified as a dependant and may apply for a visa extension as long as they remain part of the parent’s household. Children on dependant visas have access to rights similar to UK-born children, such as free state healthcare and education. However, they cannot claim public funds.
3. Dependent Children of an EEA National
For EEA nationals, child dependant visas can be issued for children up to 21 years old, provided they meet specific conditions, including not being married, not living independently, and not having their own family.
Applications are assessed based on the EEA national’s employment status and whether they claim benefits in the UK. If the child is a non-EEA national, they can apply for an EEA family permit, which is typically valid for six months. To extend their stay, they will need to apply for an EEA residence card.
After living in the UK legally for five consecutive years, the child can apply for permanent residence, provided they stayed with the sponsoring parent throughout.
Seeking Legal Advice
At UK Immigration Solicitors, we recognize the emotional and legal complexities of immigration matters, especially involving children. We are committed to providing prompt and effective solutions tailored to your unique situation.
Contact us today for a no-obligation initial consultation with one of our immigration experts. Whether you’re planning your next steps or currently navigating the immigration process, we’re here to support you every step of the way.
