• Children of British or settled parents, children applying under Appendix FM, and dependants of work, business, ancestry or study visa holders are governed by different rules and application procedures.

 

  ROUTE CHECK

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• A child should not automatically use the family-visa application route. Where the parent holds a work, business, UK Ancestry or Student visa, the child will normally apply under the dependant provisions of the parent’s immigration route.

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AT A GLANCE

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Typical age: Under 18 for a first application. A person aged 18 or over may continue as a dependant only where their dependant permission began while they were under 18 and they are not living an independent life.

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Relationship:

The child must be the biological, adopted or otherwise legally recognised child of the relevant parent under the applicable route.

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Family status:

The child must not be married or in a civil partnership, must not have formed an independent family unit and must not be leading an independent life.

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Length of permission:

Usually aligned with the relevant parent, although settlement may be granted where the applicable child requirements are met.

 

English language:

There is normally no English-language requirement for a child applying for family permission. An older child may have English-language and Life in the UK requirements when applying for settlement.

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CHILDREN APPLYING UNDER APPENDIX FM

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• A child applying to join or remain with a parent who has, is applying for, or has been granted family-route permission as a partner or parent will normally need to demonstrate that:

• They are under 18 at the date of their first application, or were under 18 when first granted permission on the route.

• They are not married or in a civil partnership.

• They are not leading an independent life.

• The parent’s Appendix FM partner is also the child’s parent; the applying parent has sole responsibility; or there are serious and compelling family or other considerations making the child’s exclusion undesirable.

• Suitable arrangements have been made for the child’s care and accommodation in the UK.

• The applicable financial requirement is met.

• The application satisfies the relevant validity and suitability requirements.

• Where the child is linked to a new partner-route application, the applicable partner income threshold is normally £29,000. Transitional or adequate-maintenance rules may apply in other cases.

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CHILDREN OF BRITISH OR SETTLED PARENTS

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• Some children applying from overseas to join a British or settled parent may qualify for settlement, while others may require temporary family permission.

• The outcome can depend on:

• Whether both parents are settled or being admitted for settlement.

• Whether one parent has sole responsibility for the child.

• The status and circumstances of the other parent.

• Whether there are serious and compelling family or other considerations.

• The child’s care and accommodation arrangements.

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DEPENDANTS OF WORK, BUSINESS, ANCESTRY OR STUDY VISA HOLDERS

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• A child whose parent holds temporary permission under a work, business, UK Ancestry or study route will normally apply as a dependant under the same route.

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• The age, relationship, care, financial and switching requirements vary between routes.

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• Student dependant applications are particularly restricted. The parent’s course, sponsor, start date and government-sponsorship arrangements must be checked before an application is made.

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EVIDENCE COMMONLY REQUIRED

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• The child’s passport and full birth certificate.

• The parents’ passports and immigration-status evidence.

• Adoption orders, parental-responsibility orders, custody documents or consent from the other parent where relevant.

• Evidence showing where and with whom the child lives.

• Evidence identifying who makes important decisions concerning the child’s education, health, residence and general upbringing.

• Evidence of financial support and the child’s contact with each parent.

• Evidence of sole responsibility or serious and compelling circumstances where only one parent is relocating or living in the UK.

• Financial and accommodation evidence required under the applicable route.

• School, medical and welfare evidence where relevant to the child’s circumstances and best interests.

• A tuberculosis certificate and certified translations where required.

• CHILDREN BORN IN THE UK

• Being born in the UK does not automatically make every child a British citizen.

• A child born in the UK may need to be added to a parent’s next immigration application or may apply separately. The child’s possible entitlement to British citizenship or registration should be checked before a visa application is prepared.

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COMMON ISSUES

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• Using the wrong application route because the parent’s immigration status has not been checked.

• Treating financial support alone as evidence of sole responsibility.

• Missing consent, custody or care evidence where the other parent remains overseas.

• Failing to explain who makes important decisions about the child’s upbringing.

• An older child appearing to live independently, work full-time, have a partner or maintain a separate household.

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FREQUENTLY ASKED QUESTIONS

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• Can a child aged 18 or over apply?

• Usually only as a continuing dependant where their permission as a child began before they turned 18 and they have not formed an independent life.

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Is sending money enough to prove sole responsibility?

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• No. Financial support is relevant, but the evidence should also explain who makes the important decisions concerning the child’s education, health, residence and day-to-day upbringing.

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Is a child born in the UK automatically British?

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• Not always. Nationality depends on the parents’ status and the circumstances at the time of birth. The child may instead require immigration permission or may qualify for registration as a British citizen.