A child can come to the UK as the dependant of a parent who is applying for, or already holds, a spouse or partner visa. The child applies under Appendix FM of the Immigration Rules, and must meet rules on age, parental responsibility, finances and accommodation. An application that does not demonstrate sufficient parental arrangements, or enough money and suitable housing, may be refused. This post provides an overview of bringing a child to the UK on a spouse or partner visa.
Can your child come to the UK on your spouse or partner visa?
A child can come to the UK as a dependent child of a parent who holds or is applying for a spouse or partner visa. The child makes a linked application as a dependant under Appendix FM.
A child who is already a British citizen or settled in the UK does not need to apply, because they already hold status. Every other child must meet the dependent child requirements set out in Appendix FM. The route follows the parent. A child of a parent on the spouse visa applies as that parent’s dependant. The child dependant visa sits within the wider family visa routes.
Who counts as a dependent child?
A dependent child is a child under 18 who is not living an independent adult life. Appendix FM sets out the conditions a child must meet.
The applicant must be under 18 at the date of application. The applicant must not be married or in a civil partnership. The applicant must not have formed an independent family unit, and must not be leading an independent life.
A child already in the UK, last granted permission as a child, can apply to extend or settle after turning 18. They must still meet the other conditions. The test is whether the young person remains part of the family unit rather than living independently.
What are the rules about the child’s other parent?
Where only one parent is coming to or is in the UK, the application must address the position of the other parent. This is often called the sole responsibility test, and it is set out at paragraph E-ECC.1.6 of Appendix FM.
One of the child’s parents must be in the UK, or being granted entry clearance, with leave as a partner under Appendix FM. In addition, one of the following must apply. The parent in the UK and their partner are both parents of the child. The parent in the UK has had, and continues to have, sole responsibility for the child’s upbringing. Or there are serious and compelling family or other considerations that make excluding the child undesirable, with suitable arrangements made for the child’s care. Sole responsibility looks at who actually directs the important decisions in the child’s life, not simply who pays for the child.
Do you have to meet a financial requirement for a child?
The same minimum income requirement that applies to the partner also applies where a child is included in the application. A child who is a British citizen or settled is not counted towards it.
The minimum income requirement, currently £29,000 per annum, under Appendix FM is met from the sponsor’s and partner’s income or savings. The method is the same as for the partner application. The minimum income requirement and how dependent children affect it, are kept current on the spouse and partner visa financial requirement guide. Where the sponsor or partner receives a specified disability or carer benefit, an adequate maintenance test applies in place of the income requirement. The income rules are otherwise the same as those set out on the Appendix FM guide.
What accommodation is required for a child?
The family must have adequate accommodation for everyone, including the child, without relying on public funds. The home must be one the family owns or occupies exclusively.
Accommodation is not adequate where it is overcrowded, or where it breaches public health regulations. The same standard applies whether the child joins the application from the start or later. The detail of how accommodation is evidenced is covered on the spouse visa accommodation requirements guide.
When and how does a child apply?
A child usually applies at the same time as the parent, or after the parent has been granted. Each child makes a separate application with its own fee and Immigration Health Surcharge.
A child outside the UK applies for entry clearance, and a child already in the UK applies to remain in line with the parent. The application is made online, with biometrics provided at an appointment. A child’s permission is normally granted in line with the parent’s leave, so the child reaches the extension and settlement stages at the same points. Where the child applies later, the grant is still aligned to the parent’s permission.
Can the child settle and become British later?
A child on the partner route can settle once the qualifying conditions are met, usually in line with the parent. Some children may instead be able to register as British citizens.
A dependent child generally applies for Indefinite Leave to Remain in line with the parent, as covered on the ILR on the family route guide. Where a parent becomes a British citizen or settles, a child may qualify to register as British rather than continue on the visa route. The right path depends on the parent’s status and the child’s age and history. Each child’s position is assessed on its own merits.
Frequently asked questions
Yes. A child can apply at the same time as the parent, or after the parent has been granted. Each child makes a separate application with its own fee and Immigration Health Surcharge, and the child’s permission is normally granted in line with the parent’s leave.
The test applies where only one parent is coming to or is in the UK. The parent in the UK must have had, and continue to have, sole responsibility for the child’s upbringing. Sole responsibility looks at who directs the important decisions in the child’s life, not only who provides money.
A child born in the UK who is a British citizen does not need a visa. A child born in the UK who is not British may need to apply under Appendix FM. They may instead be able to register as a British citizen, depending on the parents’ status. The right route depends on the family’s circumstances.
A child who is already in the UK and was last granted permission as a child can continue to extend and settle after turning 18. They must still not be married, must not have formed an independent family unit, and must not be leading an independent life
How Whytecroft Ford can help
The Whytecroft Ford immigration team advises parents and sponsors on bringing children to the UK on the spouse and partner routes. This includes the sole responsibility position where one parent remains abroad. The firm helps align the children’s applications with the parent’s leave, and confirms the financial and accommodation evidence before the application is made. This is particularly valuable for the parent moving to the UK who needs a child to join without delay. To discuss a family application with our immigration team, call 0208 757 5751 or use the contact form.
Sources
- Immigration Rules Appendix FM: family members – GOV.UK
- Immigration Rules Appendix FM-SE: family members specified evidence – GOV.UK
- Family visas: apply, extend or switch – GOV.UK
Written and reviewed by the Whytecroft Ford immigration team. IAA Accredited. All guidance is researched against primary sources, including the Immigration Rules, Home Office caseworker guidance and GOV.UK. Reviewed every six months, or sooner following a rule change.
