Family members can apply to join you or to stay in the UK as your ‘dependants’. Before you apply What family members can come as my dependants? Dependants are defined as any of the following: Husband, wife or civil partners Unmarried partner (you must show you have been in a relationship similar to a marriage or civil partnership for at least two years before the date of application and have documentary evidence to prove this) Children under 18 (a child aged 16 or over must not be leading an independent life) Please note there is no strict requirement for unmarried partners to have lived together, but there is an expectation that a couple will have lived together, unless there’s good reasons why not. Adult children and other relatives Children who are 18 years old or older on the date of application, and who have not previously been granted permission as a dependent of the main (Skilled Worker) applicant, cannot be granted permission as a dependent child. Other relatives, for example, parents or grandparents, cannot apply. Requirements to be met Relationship requirements and applying for your child: Relationship requirements Husband, wife or civil partner You must have entered into a recognised marriage or civil partnership and provide evidence of this relationship – i.e. a certificate with a certified translation, if not in English. Unmarried partners You must be in a relationship akin to marriage/civil partnership for at least 2 years, and provide documentary evidence confirming this. For example, letters addressed to you separately or jointly at the same address throughout the two-year period. If you do not live together with your partner, the Home Office will expect you to provide a reason for this, and evidence of same. Any previous relationship must have permanently broken down Partners must not be in a polygamous or polyandrous marriage or civil partnership (unless an exception applies). You must not be closely related You must not be so closely related that you would not be allowed to marry or form a civil partnership in the UK. The relationship must be genuine and subsisting and you intend to live together in the UK There is no clear guidance on this but we would recommend you include a covering letter outlining the history of your relationship, with evidence of living together (eg cohabitation documents) or contact during times apart. You must also intend to live together in the UK. If there are any issues with cohabitation whilst in the UK, please see further advice. Applying for your child Your child must be under the age of 18 Original birth certificate or adoption/court documents must show the full names of both parents. Both parents of a dependent child applicant must be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) Unless one of the following applies: the parent with permission is the sole surviving parent the parent with permission has sole responsibility for the child’s upbringing the parent who does not have permission is a British citizen or a person who has a right to enter or stay in the UK without restriction (and who therefore would not apply for permission) - such persons must, however, be (or will be) ordinarily resident in the UK The UKVI may also grant a child entry if there are “serious and compelling reasons” however this is a legal test, and it is advisable to seek legal advice if it applies to you. There must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations The UKVI must be satisfied that any child dependant will be living with the main Skilled Worker visa holder and any dependant partner in a suitable care arrangement that meets relevant UK legislation, unless they are aged 18 or over. Child dependant aged 16 or over must not be leading an ‘independent life’ A dependent child must still be wholly or mainly financially dependent on the Skilled Worker visa holder or their dependent partner. They cannot be married or in a civil partnership. The UKVI will assess all evidence provided with an application to decide if a child is still dependent on their parent or parents. Evidence to meet this requirement includes: bank or building society statement (which may show funds that their parent is providing to support them) credit card bills driving licence NHS registration document an official letter from their current school, college or university that confirms their address If a dependent child pays rent or board, they must evidence the amount they pay each month. If the dependent child is living at a separate address, you must be satisfied this is due to study elsewhere. Evidence of this can include: official confirmation of their studies from their school, college or university evidence that they are being financially supported by their parents up to the point they are applying (for example, evidence covering a 3-month period prior to the application) Criminal record check Criminal record checks required for a main applicant will also apply to a spouse or partner. If the Skilled Worker visa holder did not require a criminal record certificate, then neither will their dependants. Maintenance requirements A Skilled Worker visa holder must show you have personal savings to support yourself and any dependants in the UK. It is very important that you can show the relevant funds, and submit the correct financial documents. Read the maintenance requirements for a Skilled Worker visa application English language requirements There is currently no English language requirement for dependants of a Skilled Worker visa holder. TB test requirement If you are submitting your application from outside the UK, a TB test may be required. Find out more on the UKVI website Suitability requirements Suitability requirements You must not fall for refusal under Part 9 of the Immigration Rules (Grounds for Refusal – eg, on basis of criminality) Read about the Grounds for Refusal on the UKVI website If applying from inside the UK, you must not: Be in breach of immigration laws, except that any period of overstaying will be disregarded in specific circumstances (please seek urgent legal advice if you are an overstayer in the UK) Be on immigration bail. Where can my dependants apply from? They can apply at the same time or submit an application to join you at a later date. A dependant visa will be given the same end date as the main applicant's Skilled Worker visa. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for three years. The application process depends on whether you are applying from outside or inside the UK. Application forms for applying inside and outside the UK Guidance documents Children born in the UK If you have children while you’re in the UK on the Skilled Worker visa route, they do not automatically become British citizens (unless one of the parents has indefinite leave to remain or is a British citizen). You can apply online for their dependant visa. You must do this if you want to travel in and out of the UK with your child. You’ll need to provide a full UK birth certificate for each child, showing the names of both parents. Can my dependants work and study in the UK? Any dependants who are aged 16 years or over will have permission to work in the UK. There are no restrictions on the type of work they can do except: No work as a professional sportsperson or coach There are no restrictions on study for dependants although if studying on a programme that requires ATAS clearance then they will need to obtain an ATAS certificate before they can commence their programme. This article was published on 2024-06-24
