Melanie Wong | Immigration Solicitor and UK Visa Expert

EXPERT IMMIGRATION ADVICE UK

MELANIE WONG

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Melanie Wong | Immigration Solicitor and UK Visa Expert

EXPERT IMMIGRATION ADVICE UK

MELANIE WONG | IMMIGRATION LAW SOLICITOR

Rated Excellent | Melanie Wong Immigration Solicitor

Multi-Award-Winning Service 

Rated Excellent by Clients


Blog Post

How to include Child Dependants on your UK Partner Visa Application

Melanie Wong • May 28, 2023

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This article covers the different scenarios when children are involved and need to be considered in a UK Partner visa application. - Partners include:

  • spouses
  • civil partners
  • fiancé(e)s or proposed civil partners
  • unmarried partners (couples that have been living together in a relationship akin to a marriage, continuously for 2 years or more)


Biological Children of the Sponsor that are British:


Where the sponsor is a British Citizen or obtained British Citizenship before their child(ren) was born outside the UK, their child is automatically British and the child can therefore apply for a British Passport.  - British Citizenship can only be passed down to a child born outside of the UK if any of their parents was already a British citizen BEFORE the child was born.


If it the case that the parent has Indefinite Leave to Remain (ILR) before the child was born, it is only if the child is born inside the UK that they automatically become British Citizens.  So if the child was born outside the UK, even if the biological parent had ILR, they would still be required to apply for entry clearance as a family member to the UK.


Including Child Dependants on your Spouse/Partner Visa Application:


All children under the age of 18 of the partner applying for a spouse/partner UK visa can apply at the same time as the main applicant.  Note that for applications outside the UK (i.e., entry clearance), a separate application form must be completed for each child which will be linked to their parent's (the main applicant) application. For applications being made inside the UK i.e. partner visa extensions or switching to the partner route from another visa category (FLR M), the child needs to be added to the application form of the main applicant.


It is important to note that if the Spouse/partner application is successful, the child's visa is not 'automatically' granted. In order for the child's visa to also be granted, some additional requirements need to be met, which are covered further below. 


When granted, the length of their visa will be the same as their parent (the main applicant) i.e. 2 years and 9 months for entry clearance applications or 2 years and 6 months for applications being made inside the UK.



Additional Visa Fees


Each child to be included on the spouse/partner visa application will be treated as an individual applicant with regards to Home Office fees.  Therefore each child's application will cost the same as a spouse/partner visa application which is currently £1,846 (for applications outside the UK i.e., entry clearance). For applications being made outside the UK, the fee is currently £1,048.


Immigration Health Surcharge


As with the Spouse Visa Home Office fee, the IHS fee will also apply to each child, which is currently £1,410 (for entry clearance visa applications) or £1,175 for applications being made outside the UK.


Additional Financial Requirement


For spouse visas being made outside the UK, the Sponsor must be able to show that they are earning or receiving income from employment or other sources or else have significant savings, and that their income/savings is sufficient for themselves, their partners AND any dependants for the duration of their visas.  Where there are children also applying with the partner, there is an increase of £3,800 for the first child, and £2,400 for every additional child to the minimum income requirement of £18,600 gross per annum.

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Want a complete document checklist and cover letter for your Spouse/Partner and Child Dependant Visa applications?


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Adequate Accommodation


As well as the financial requirement, there must be sufficient housing for the sponsor, partner and all dependants to live in without any risk of overcrowding.

What if the Sponsor is not the Biological Parent of the Child applying?


Where a child dependant included in the partner visa application is the sponsor's step-child i.e. not their biological child, the parent who they are applying/coming with to the UK must demonstrate that they had and continue to have sole responsibility for the child’s upbringing.


Proving Sole Responsibility


The parent (and primary applicant) must evidence sole responsibility for the child by submitting appropriate supporting documents.  Such documents would typically demonstrate that the child is living with them, financially supporting them and responsible for key aspects of child's life such as their schooling.


Applying for a Child Dependant separately


In some cases, the parent/s may decide that the child/ren should remain in their home country due to costs or other issues that need to be addressed first. Again, in this case where the sponsor is not the biological parent of the child, the parent must prove that they have sole responsibility for them.  If in this case, the child is now living with or being cared by a relative, the parent must evidence that he or she has maintains control over the major decisions that affect the child’s life.


As can be seen, this can be a relatively complex area of UK immigration law and can change the dynamic of your UK Partner visa application. Therefore, it is always recommended that you seek legal advice to fully address any concerns or doubts you have about your case.


If you would like expert guidance on your, or your child's visa application, consider arranging a professional consultation with a highly experienced Immigration Lawyer here.


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Melanie Wong | Immigration Solicitor | UK Visa Expert

Melanie Wong is a Senior Immigration Solicitor based in London, UK.



With over 20 years of legal experience, she has extensive knowledge and exposure of all areas of UK immigration law, with particular expertise in handling difficult and technically complex cases, including UK Settlement, Human Rights and British nationality law.


While every effort has been made to ensure that the information and law contained in this article is accurate and current as of the date of publication, we accept no responsibility for its accuracy or for any loss or damages arising from accessing, or the reliance, of this guidance.


Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.

If you would like specific professional advice about your UK immigration matter, please consider booking a consultation or one of my other legal services.

Melanie Wong | Immigration Solicitor | UK Visa Expert

Melanie Wong is a Senior Immigration Solicitor based in London, UK.

 

With over 20 years of legal experience, she has extensive knowledge and exposure of all areas of UK immigration law, with particular expertise in handling difficult and technically complex cases, including UK Settlement, Human Rights and British nationality law.


Making a UK Visa or Settlement application can be a stressful experience, and whilst there is a lot of ‘free’ information online, finding clear expert guidance that is up to date, and in line with your specific requirements can be a daunting task.


If you have any concerns about your case, it is recommended to reach out for advice from a trusted legal professional.


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