The UK Child Dependant Visa allows children of individuals living in the UK to join their parents under specific conditions. It’s designed to keep families together and ensure children are cared for by their UK-based parents. Here's everything you need to know about the Child Dependant Visa process.

Who is Considered a Child Dependant?

According to UK immigration law, a child is considered a dependant if:

• They are under 18 years old.
• They are unmarried and not in a civil partnership.
• They are not living independently or financially supporting themselves.
• They do not have their own family.

These criteria are essential in determining whether a child qualifies for a visa under the dependant category.

Can I Apply for a Visa for My Child?

In most cases, the Home Office requires both parents to be residing in the UK for a child to qualify for a dependant visa. If only one parent is in the UK, that parent must provide evidence of having sole responsibility for the child. In situations where both parents do not live together, but the UK-based parent cannot prove sole responsibility, they must demonstrate why it is not in the child’s best interest to be excluded from joining the parent in the UK.

Age Restrictions for Child Dependants

The age limit for child dependant visas differs depending on the applicant's nationality:

• For non-EEA nationals, the child must be under 18 years old at the time of application.
• For EEA nationals, children can apply as dependants up to the age of 21.

It's important to note that if a child is already living independently, has formed their own family, or is financially self-sufficient, they no longer qualify as a dependant under UK immigration rules.

Child Custody and Sole Responsibility

Visa applications become more complex when the child’s parents do not live together. If the UK-based parent shares custody with a parent living abroad, they must provide proof that they have had sole responsibility for raising the child. Any involvement from the overseas parent could complicate the application, as the UK Home Office adheres to strict guidelines on the "sole responsibility" principle.

Types of Child Dependant Visas

There are several categories of child dependant visas based on the parent’s immigration status:

1. Dependent Children of Settled Persons in the UK Children of individuals who are British citizens or who have indefinite leave to remain (ILR) in the UK can apply to join their parent. Key conditions include:
• The child must be under 18 and dependent on the parent.
• They must be adequately cared for, with no reliance on public funds.
• The UK-based parent must have sole responsibility or demonstrate why the child’s exclusion is not in their best interest.
2. Dependent Children of a Person with Limited Leave to Remain Parents with limited leave to remain in the UK can apply for a visa for their child. The child’s visa will typically match the parent’s visa duration. If the parent’s visa allows extensions, the child can apply for an extension as well.

If the child turns 18 while on a dependant visa, they can still apply for an extension, as long as they remain part of their parent’s household.

3. Dependent Children of an EEA National EEA nationals can apply for a child dependant visa for children up to the age of 21. The child must meet the same criteria of being unmarried, not financially independent, and dependent on the EEA national residing in the UK.

In some cases, non-EEA children of EEA nationals may need to apply for an EEA family permit, which is usually valid for six months. After this period, they may apply for an EEA residence card to extend their stay.

Legal Advice for Child Dependant Visas

Navigating the complexities of child dependant visa applications can be challenging, especially when custody issues or immigration status changes are involved. Seeking legal advice from immigration experts is highly recommended to ensure the best outcome for your application.

At Uk Immigration Solicitors, we specialize in helping families reunite under UK immigration law. We understand the emotional weight of family visa applications and offer a tailored approach to each case. Whether you’re just starting the process or dealing with complications in your application, our team is here to guide you every step of the way.

Conclusion

The UK Child Dependant Visa provides a pathway for children to join their parents and build their lives together in the UK. Understanding the criteria, including the age limits, custody requirements, and the types of visas available, is essential for a successful application. With expert legal advice and careful preparation, you can ensure the best possible outcome for your family.

If you're looking to apply for a child dependant visa, contact Aristone Solicitors today for a free consultation. We're here to help you navigate the process and secure your family’s future.