Families are meant to be together – whether you have been granted access to live in the UK as an investor, entrepreneur, skilled worker or otherwise, if you have a wife/husband or children or other dependant family members, if you will be living in the UK for an extended period and possibly want to live here indefinitely, you will certaanly want your family to join you. Understanding the complex rules and what can go wrong is essential.
At Darlingtons, we offer experienced, affordable help.
If you are in the United Kingdom and you have indefinite leave to remain or are a British National you can sponsor family members living abroad to join you in the UK. In addition to this if you have limited leave to remain in certain categories you can also bring family members to join you in the United Kingdom.
Appendix FM of the Immigration Rules details the requirements which must be met in the event you wish to sponsor family members to join you such as a Partner, dependent adult relative, and parent of a child or child of a parent with limited leave.
There are a number of technical legal requirements to satisfy to be able to join a spouse/civil partner in the UK. If successful, your hi=usband or wiofe will initially be granted a visa lasting for either 30 or 33 months.
You need to have the right evidence and the application must be completed correctly and in the most advantageous way – mistakes are very costly, inmcluding tyhe fcat that there is an expensive application fee payable to the Government which is currently and an experienced lawyer can help ensure that the application has a good chance to succeed.
The husband or wife applying to enter the UK will need to demonstrate that:
Under the 5-year partner route, where you are applying for indefinite leave to remain having been in the UK for 5 years already, you must meet all of the suitability and eligibility requirements at every application stage. Failure to do so will result in your application being refused.
In fiancé(e) and proposed civil partner applications leave will be granted for up to 6 months after which you can apply for further leave to remain once in the UK.
There are various provisions under the Immigration Rules whereby children can be considered for entry to the UK either for immediate settlement or with a view to settlement. The two most popular routes are as follows:
Children gaining entry to the UK with a single parent who has limited leave to enter or remain
This route is intended for a parent who has responsibility for or access to their child following the breakdown of their relationship with the child’s other parent.
The route is for single parent applicants who:-
Joining or accompanying a parent, parents or a relative who is either present and settled in the UK or will be admitted for settlement on arrival.
The requirements to be met and to succeed under this category are :-
This is the starting point of any application for a child to enter the UK for settlement purposes after which you will have to show that the child:-
The legal test under this category, which typically is made for parents, is based on demonstrating dependence due to age, illness or disability. The person must need long-term personal care which can only be provided in the UK by a relative here and without recourse to public funds.
In addition, there are financial and care requirements whereby, in essence, it is necessary to demonstrate to the Government’s satisfaction that the there are sufficient funds and provisions in place so that the sponsor can adequately maintain, accommodate and care for the applicant without needing public funding. Where the sponsor is a British citizen or settled in the UK, he or she will need to give a formal undertaking, lasting 5 years, making the formal commitment described above and this must be given at the entry clearance stage.