Understanding Family Visas for the UK

If you’re a non-UK national considering a move to the United Kingdom to join your family or loved ones, understanding the intricacies of Family Visas is paramount. These visas grant you the opportunity to live and work in the UK for an extended period, longer than six months. In this comprehensive guide, we’ll delve into the various types of UK Family Visas and the eligibility criteria associated with each.

Who Qualifies for a Family Visa?

A Family Visa is designed for individuals residing outside the UK who wish to reunite with their family members already settled in the country. Eligible family members include spouses, fiancés, partners, children, parents, or relatives who will provide long-term care. You can also apply if:

1. Your Relationship Ended or Your Partner’s Deceased

If your relationship has ended due to divorce, or if your partner has recently passed away, you can still apply for a Family Visa.

2. Parent of a British or Settled Child

You can apply for a Family Visa if you are the parent of a British or settled child or a child who has been in the UK for seven years or more.

3. Ukrainian Family Member Scheme

Special provisions exist for those applying under the Ukrainian family member scheme.

4. Settle in the UK or Extend Your Family Visa

Exploring pathways to settle in the UK or extending your existing family visa is also possible.

5. UK-Based Family Member Sponsorship

Find out if your UK-based family member can sponsor your visa application.

Types of UK Family Visas

The type of Family Visa you need depends on your specific circumstances. To qualify for a Family Visa, you must meet one of the following requirements:

1. Spouse Visa

Under the UK Family Visa, partners and spouses can stay in the UK for up to 2.5 years, with the option to extend up to five years. After five years, you may be eligible to apply for indefinite leave to remain. To qualify, you must:

• Both be over 18 years old
• Be in a genuine relationship
• Intend to live in the UK for a minimum of 2.5 years

If you’re applying as a fiancé, you must marry within six months of arriving in the UK.

Financial requirements include a minimum income threshold of £18,600 for a single applicant, with additional allowances for children.

2. Child Dependent Visa

Children under 18 years old can apply for a Family Visa if they are still dependent on their parent or carer. The parent or carer must meet financial eligibility criteria.

3. UK Ancestry Visa

If your grandparents were born in the UK, and you are from a Commonwealth country, you may be eligible for a five-year UK Ancestry Visa. This allows you to work, live, and study in the UK, with the option to apply for settled status after five years.

4. Adult Dependent Visa

Adults over 18 can apply for an Adult Dependent Visa to join a British Citizen family member. This visa is reserved for those in need of long-term care and allows indefinite stay in the UK, provided the UK relative has British Citizenship, settled status, or certain protections.

Family Visa Appeals

The UK Family Visa category encompasses several visa types, each with its own application and appeals process. If your visa application is refused, consider these steps:

• Consult with a qualified immigration advisor.
• Thoroughly review your refusal letter to identify your next steps (appeal or review).
• Check the time limit for submitting your appeal or review.
• Address the reasons for refusal to improve your chances of a successful appeal.
• If there’s a clear error on UKVI’s part, request a reconsideration.
• Submit any required documents.
• Await a decision.

In some cases, resubmitting a fresh application may be more advantageous, despite the associated application fee.

Common Reasons for Family Visa Rejection

Family Visa rejections can occur for various reasons, including Failure to demonstrate how you meet the requirements.

• Insufficient supporting documentation.
• Consideration of the applicant as a risk to public good or public health.
• Inclusion of false or misleading information in the application.

It’s essential to note that a criminal conviction can negatively impact your visa application and eligibility for British citizenship, as it conflicts with the Good Character requirement. In such cases, extending your leave might be an option. To determine your eligibility, reach out to us today.