Do you need to apply for a family visa? There are many different family visa types, including marriage visa, ancestry visa, dependant visa and child visa categories.
To find out which applies to you and your situation, read the information below and then get in touch with Astons for some expert help and advice.
A person who is either in the UK or outside the UK may apply for a visa as the spouse or civil partner of a person present and settled in the UK, i.e. someone who has either indefinite leave to remain or British citizenship. The applicant must already be married when they make a spouse visa UK application. The marriage visa will be granted for two years and it allows the visa holder to work without restriction.
A person who is outside the UK and who is engaged to be married to a person present and settled in the UK (i.e. someone who has either indefinite leave to remain or British citizenship) may apply to come to the UK as their fiancé(e) or proposed civil partner. The parties must have already met face-to-face. The visa will be granted for six months and does not allow the visa holder to work. As soon as the visa holder arrives in the UK they can marry their fiancé(e) as soon as they are able to. They should in any case marry within the six-month period. Once the marriage has taken place the visa holder should then apply for a spouse/civil partner visa.
If a person has lived legally for at least two years in the UK as the unmarried partner (different sex or same sex) of a person present and settled in the UK (i.e. someone who has either indefinite leave to remain or British citizenship) they may apply for an unmarried partner visa, which will be granted for two years. This visa allows them to work. A person who has been living outside the UK in an unmarried partnership with a British citizen for at least four years may also apply under this scheme.
An elderly parent or grandparent of someone who is present and settled in the UK (i.e. someone who has either indefinite leave to remain or British citizenship) may be able to apply for a dependent visa for indefinite stay in the UK, but they must be able to show that they are wholly or mainly financially dependent on the child or grandchild in the UK.
If both the parents of a child under 18 living outside the UK are present and settled in the UK (i.e. they have either indefinite leave to remain or British citizenship) the child may be able to apply for a child visa for indefinite leave in the UK. If only one parent is present and settled in the UK it still may be possible to apply for a child visa, depending on the circumstances.
If there is a child under the age of 12 studying at school in the UK a parent of the child may apply for a visa to live in the UK and look after the child. This arrangement is only possible as long as the child is under 12.
If a person has leave in the UK as the spouse, civil partner (same-sex partner) or unmarried partner (either same-sex or different sex) of a person present and settled in the UK (i.e. someone who has either indefinite leave to remain or British citizenship) and they have experienced violence from their partner which has caused the relationship to permanently break down, they may be able to apply for indefinite leave to remain in the UK on this basis.
The ancestry visa scheme is only open to Commonwealth nationals. The main requirement is very simple: if a Commonwealth national can show that they have at least one grandparent (not a parent) born in the UK they can apply from abroad for an ancestry visa which, if granted, will be granted for up to five years. This visa allows the visa holder to work without restriction.
In some cases, people who are in the UK on limited leave (for example as Tier 1 Migrants, Tier 2 Migrants, Sole Representatives, Ancestry Visa holders etc.) may be entitled to have their dependants (spouse/partner or children under 18) apply to join them in the UK for the period of their limited leave. If at some point in the future the person with limited leave applies for indefinite leave to remain in the UK, their dependants may be able to apply for indefinite leave in line with them.
We are a qualified and experienced immigration firm, regulated by the Office of the Immigration Services Commissioner (OISC). We offer assistance and specialist advice on specific immigration issues. We are not part of the Home Office. General immigration advice and forms can be found on the Home Office website www.ukba.homeoffice.gov.uk.UK visa & immigration consultation