In this age, many people form relationships across borders and want to live together in the UK with their loved ones. Getting UK visa for your partner and child can be complex. This guide will help you understand how to obtain family visa for them to join you in the UK
Partner Visa: Eligibility and Options
If your spouse is Ukrainian and you want them to join you in the UK or stay if they’re already here, they can apply for this visa. It reunites you and allows them to apply if they have children under 18.
Sponsorship and Requirements
As the sponsor, your role is key in the application process. You must meet specific criteria, such as being a British or Irish citizen, having indefinite leave, or holding certain EU Settlement Scheme statuses. You also need to ensure that your income and savings meet the financial requirements set by UK authorities.
Who Can Apply?
Child visas are usually available when a parent holds or is applying for a Partner Visa. This lets children under 18 join their parents in the UK. It’s important to know that these children don’t have to be the partner’s biological offspring. Step-children can also apply if they meet specific requirements.
Meeting the Financial Requirement
To qualify for this visa, the sponsoring parent’s income must be at least £18,600 per year before tax. Additional amounts are needed for each sponsored child: £3,800 for the first child and £2,400 for each additional child. Income from employment, pensions, and certain benefits can be used to meet these financial requirements.
Safe and Suitable Accommodation
Applicants must show that their home is safe, suitable, and big enough for their family. Owning a home is not required, but providing stable accommodation is important. Specific rules apply to council housing, so check local guidelines for overcrowding.
English Language Requirements
In many cases, the visa applicant needs to pass an English language test. Exemptions apply to citizens of countries where English is official or widely spoken, those with a relevant university degree, and individuals under 18 or over 65. If a medical condition affects language learning, medical confirmation may exempt the applicant from the language test.
Application Process
Partners can apply for Partner Visas and Child Visas together or separately. The fee for each family visa application is over £1,500. Partner visas are usually granted for 2 years and 9 months, or 2 years and 6 months if the applicant is already in the UK.
Extending Your Visa
Partners can apply to extend their visas before the initial one expires. After holding a Partner Visa for 5 years, applicants can apply for indefinite leave to remain in the UK, which grants permanent residence. If the visa was granted based on exceptional circumstances, it may take 10 years to become eligible for indefinite leave.
Special Cases and Exceptions
Other Visa Options
In certain situations, there are alternative visa choices available. For instance, if the child was born in the UK, if a parent is a citizen of the EU, Norway, Switzerland, Iceland, or Liechtenstein, or if you were born in Northern Ireland. These cases require further investigation to determine eligibility.
Refugee and Family Reunion
Those with humanitarian protection and Refugees can sponsor their partners and children. If the relationship begins before leaving the home country, family reunion rules may apply, making the process smoother.
Rights with Family Visas
Individuals can rent or buy housing, access healthcare through the NHS, enroll their children in schools, and travel in and out of the UK freely. However, access to most public funds and council housing may be limited at first.
Accessing Benefits
Some applicants with family visas based on exceptional circumstances or private and family life may qualify for benefits and council housing. Conditions and exceptions vary, so review the visa documentation for details.
Extending and Settling Permanently
Partners can extend their visas for another 2 years and 6 months before the current one ends. If you have a 6-month visa for marriage or civil partnership and it’s delayed, you may request a small extension. After holding a Partner Visa for 5 years, you can apply for indefinite leave to remain in the UK, allowing for permanent residency together.
Processing Times
Applications from Outside the UK:
- Standard Family Visa: Typically takes 24 weeks (approximately 6 months) for settlement applications, which include spouse, partner, parent, and child visas.
- Priority Service: If eligible, this can reduce processing time to 30 working days (about 6 weeks) for family visa applications.
Applications from Inside the UK:
- Spouse or Partner Visa: Generally processed within 6-8 weeks.
- Parent and Child Visas: Usually take about 8 weeks.
- Private Life Applications: These can take significantly longer, often around 12 months, depending on individual circumstances.
Factors Affecting Processing Times
Processing times can be influenced by several factors:
- The completeness and accuracy of the application.
- The need for additional documentation or information.
- Increased scrutiny due to high demand or complex cases.
- Attendance at interviews may also delay processing.
Navigating the process of obtaining a family visa for your partner and child to live in the UK involves meeting various requirements and considerations. This guide covers eligibility, sponsorship, financial requirements, accommodation, and language proficiency. Stay informed, refer to official government guidelines, and seek legal advice if necessary for a successful application and a bright future together in the United Kingdom.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for an Unmarried Partner Visa or a Parent Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
