The UK Dependency visa is for children who are under the age of 18 and have a biological or adoptive parent who holds a British passport or is present and settled or applying for settlement in the UK. This UK Dependency visa will grant the child leave to enter the UK to join their family without any restrictions.
If the parent of the child is applying for a settlement visa, the UK Dependency visa application can be lodged at the same time as or after the settlement visa application. If the parent is applying for a British passport, the UK Dependency visa can only be applied for once the passport has been obtained.
For children of 18 and older who cannot apply for dependency, you may be able to apply for British Ancestry if you have a biological or adoptive grandparent born in the UK. If not, you may want to look at other avenues such as the UK student visa.
It is important to remember that in the case of a UK Dependency visa (as with most visa applications), the application documents will have to show that the applicant will have sufficient accommodation and financial support whilst living in the UK. If this cannot be shown, the application may be denied.
In the instance where there is a divorce and one parent wants to bring the child into the UK, the application will demand full consent of the other parent or proof of full custody of the child. If either of these documents cannot be produced, it is likely that the UK Dependency visa application will be denied.
Please be advised that as of the 9th July 2012, there have been certain UK immigration law changes, which will affect all UK Settlement visa applicants.
Financial requirements to qualify under settlement as a spouse, child, fiancé or partner of a British Citizen or settled person
The applicant’s earnings CANNOT be taken into account at the Entry Clearance stage of the application. Only the British passport holder/settled person must evidence earnings as below. Along with earnings from salaried employment or self employment (UK), other earnings from non-employment can also be counted e.g.: property rental income, child maintenance income, interest income etc. Savings can be evidenced jointly.
Scenario 1 – Employed in the UK
The applicants British spouse must be employed or self employed in the UK and must be earning at least GBP18 600 annually gross, which must be evidenced over the 6 months prior to application at least.
Scenario 2 – Employed in SA with the same employer for 6 months or more prior to application
The British partner is working in South Africa and is earning equal to or more than GBP18 600 equivalent (for at least the last 6 months) AND has a future offer of employment in the UK which will earn them GBP18 600 gross annually or more.
Scenario 3 – Employed with the same employer for less than 6 months prior to application
A – If the applicant’s partner has been working in the UK for less than 6 months, they would need to show that in the last 12 months prior to application, they have received earnings which meet or exceed the earning threshold.
B – If the partner has been working out of the UK for less than 6 months, they need to show that they meet the earnings threshold over the last 12 months prior to application AND they need to have an offer of employment in the UK (which starts within 3 months) which will earn them a salary which is at or above the earning threshold.
Scenario 4 – No earnings at all
If the British spouse is not earning any money at all and has not been for the last 6 months, the couple needs to show joint minimum saving of GBP62 500 or equivalent.
Self-employment in the UK only
If the applicant’s partner is currently in self-employment in the UK, they need to show that they have met the salary threshold for the last financial year or as an average over the last 2 financial years.
If the British passport holder’s earnings fall below the required threshold, then they need to show additional savings (in addition to the GBP16 000) of 2.5 times the amount which is the difference between what they are earning and what they should be earning according to the threshold.
E.g.: if the British partner is earning the equivalent of GBP15 000 annually, the difference between these earnings and the GBP18 600 threshold is GBP3600. One needs to times this amount by 2.5 and add on GBP16 000 (which is GBP25 000).
Any savings must be evidenced in the account/s for at least 6 months prior to application. Where the applicant’s British partner is in self-employment, savings may not be used to supplement any earnings shortfall.
Where there are non-British children included in the applications, the earnings threshold must increase by GBP3800 for the first child and GBP2400 for every child thereafter.
If you are applying for a UK Student visa or work permit or other visa type, you may be able to take your spouse and children with you as your dependents.