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Family Visas

We recognise and understand the importance of the family reunion in the UK whereby you may have your family members join you in the United Kingdom. Depending on a relative relationship there is a number of ways and rules to allow your family to come and stay with you. LS Legal Solicitors can advise on the best possible option and assist you with relevant applications.

Family members normally include married or civil partners, unmarried partners, parents, children, grandchildren and adult dependent relatives.

Spouse or Partner Visa

You can apply for a spouse or partner visa if you are 18 or over, intend to live together permanently in the UK and your partner is either a British citizen, or have settled in the UK (have Indefinite Leave to Remain or proof of Permanent Residence), or have refugee status or humanitarian protection in the UK. Family members covered by this visa include husband, wife, civil partner, unmarried or same-sex partner.

What are the requirements?

1. You must be in durable and genuine relationships:

a. You are in a civil partnership or marriage that is recognised in the UK.
b. You have been living together in a relationship for at least 2 years when you apply.
c. You are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving.

2. You must be able to have a good knowledge of English (CEFR A1).

3. You must have sufficient money to financially support yourself and your dependants

You will get permission to stay for 2.5 years, after which you have the option to extend your visa for another 2.5 years. Having spent 5 years in the UK in this category, you may be eligible to apply for Indefinite Leave to Remain in the UK.

Fiancé Visa

If you plan to marry or become civil partners in the UK, you can get a 6 months visa to allow you to register your marriage or civil partnership in the in the UK. This category covers fiancé, fiancée, and proposed civil partner.

What are the requirements?

1. Any previous marriages or civil partnerships have ended.
2. You plan to marry or become civil partners within 6 months of arriving in the UK.

You will not be permitted to work during your engagement.

You will get permission to stay for 6 months if you are applying in this category. After you get married in the UK, you may apply for Spouse or Partner Visa and after 5 years of being in that category you may settle permanently. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner towards your permanent settlement.

Family and Private Life in the UK

If you do not meet the requirements for Spouse of Partner visa you may still be able to apply for a visa or extend your permission to stay under the Private Life category if you, your partner ang your child established significant family and private life ties with the United Kingdom.

What are the requirements for Family Life in the UK?

1. You have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK.
2. There would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome.
3. It would breach your human rights to stop you coming to the UK or make you leave.

What are the requirements for Private Life in the UK?

1. The Applicant is under 18 and has lived in the UK continuously for at least 7 years, and it would be unreasonable to expect him to leave the UK.
2. The Applicant is between 18 and 24 and has lived continuously in the UK for more than half his life.
3. The Applicant is 18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country he would have to go to (for example, language barriers)
4. The Applicant is 25 or over and has been in the UK continuously for 20 years

If your application is successful you will get a permission to stay for 2.5 years and you would usually need to spend a total of 10 years in this category before you can get a settled status in the UK.

Parents and Children

If your child is living in the UK, you can apply to live with your child if he/she is under 18 on the date you apply or have been under 18 when you first applied for the visa and not live an independent life

What are the requirements?

1. A child must be a British citizen or settled in the UK (have Indefinite Leave to Remain or proof of Permanent Residence).
2. If you are applying in the UK, a child must have lived in the UK for 7 years continuously and it would not be reasonable for them to leave.
3. You need to have sole or shared parental responsibility for your child.

Adult Dependent Relative Visa

If you are a parent, grandchild, brother, sister, son or daughter living permanently in the UK and have an adult relative outside the UK who requires a long-term care from you, your relative may be able to join you in the UK.

What are the requirements?

1. A relative in the UK must:

• be a British citizen or settled in the UK (have Indefinite Leave to Remain or proof of Permanent Residence); or
• have refugee status or humanitarian protection in the UK.

2. A dependant relative seeking entry to the UK must prove all of the following:

• they require a long-term care to do everyday personal and household tasks because of illness, disability or age;
• the care they need is not available or affordable in the country they live in;
• the person they will be joining in the UK will be able to support, accommodate and care for them without claiming public funds for at least 5 years
• they are 18 or over

An adult dependant relative can stay in the UK indefinitely if they applied to join a family member who is British or settled in the UK or as long as their family member's stay if they have refugee status or humanitarian protection in the UK.

Parent of a Tier 4 Child visa

Parents of children aged under 12 who are studying at an independent fee paying UK school may accompany them in the UK. The child must either hold a Tier 4 (Child) Student visa or be in the UK under the immigration rules in place before 31 March 2009.

What are the requirements?

1. A child attends an independent fee-paying day school in the UK.
2. You have enough money to support yourself and any dependants while in the UK.
3. Maintain a second home outside the UK.
4. Plan to leave the UK at the end of your visit.
5. Be able to meet the cost of the return or onward journey
6. Your child must:
a. be under 12;
b. be studying at or about to start studying at an independent fee-paying day school in the UK;
c. have a Tier 4 (Child) visa or be in the category 'students in the UK under the immigration rules in place before 31 March 2009'

Ancestry visa

The Ancestry Visa option is for citizens of Commonwealth countries who have a grandparent who was born in the UK, including the Channel Islands or the Isle of Man.

What are the requirements?

1. You are a Commonwealth citizen.
2. You are applying from outside the UK.
3. You are able to prove that one of your grandparents was born in the UK.
4. You are able and planning to work in the UK.
5. You must prove that you are 17 or over, have enough money without help from public funds to support and house yourself and any dependants, and can and plan to work in the UK
6. You must also show that you have a grandparent born in 1 of the following circumstances:
a. in the UK, including the Channel Islands and the Isle of Man;
b. before 31 March 1922 in what is now the Republic of Ireland
c. on a British-registered ship or aircraft

Victims of Domestic Violence Visa

If the marriage or relationship breaks down as a consequence of domestic abuse you may be eligible to apply for Indefinite Leave to Remain provided domestic abuse can be evidenced.

The following documents may be the evidence of domestic violence:

1. Some form of court order or police caution;
2. A letter from a GP who has examined the applicant and is satisfied they have injuries consistent with being the victim of domestic violence;
3. An undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of violence;
4. A police report confirming attendance at the home of the applicant as a result of domestic violence;
5. A letter from social services confirming its involvement in connection with domestic violence; or
6. A letter of support or report from a refuge.

Dependant Visa

A Dependant visa allows a foreign national to enter the UK and join their spouse in majority of the immigration categories. The main criteria for this type of visa is having some form of relationships to the main applicant, who is in the UK.

How we can help you

UK immigration are highly complex for obtaining a UK family visa, with different family visa types for different family members, and different conditions of stay in the UK. LS Legal Solicitors will be happy to advise you on available options and possible application.

Please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.