Which Family Members can Apply for a Visa to settle in the UK?

UK Family Visa to enter/remain in the UK

Firstly, it should be noted that there is no single version of a UK Family Visa; Rather, different family member visa applications are grouped under this category. And the application process can vary depending on the type you require/can qualify for. 

What about people wanting to visit family in the UK?

If you wish to visit a family member in the UK, you will need to apply for a Standard Visitor visa which will allow you to come to visit the UK for up to 6 months. – The Standard Visitor visa now covers and has replaced the majority of all the previous specific visitor visa categories, including the ‘Family Visitor Visa’.

For those planning to come to the UK to get married (but not stay/settle in the UK after their marriage), the visa application they need to make is a Marriage Visitor visa. - You will not be eligible to marry in the UK on a Standard Visitor visa, the exception being if you are converting your existing civil partnership into a marriage.

What types of UK Family Visas are there?

There are several types of applications that qualify under the UK Family Visa, which depend on your relationship with the UK family member.

Coming to settle with your family member in the UK

If you are a Non-British national and wish to come to settle with your family member in the UK, you can apply for a family visa to live with your:

• Spouse/partner;
• Fiancé(e)/proposed civil partner;
• Child;
• Parent;
• Relative who’ll provide long-term care for you.

Your family member must also be eligible to sponsor you by being one of the following:

• A British citizen;
• A person with Indefinite Leave to Remain (ILR) in the UK;
• An EU National with Settled/Pre-Settled Status in the UK (under the EU Settlement Scheme);
• An Irish National residing in the UK;
• A person with refugee or humanitarian protection immigration status.

Switching to a UK Family Visa while you are in the UK

If are currently living in the UK under a different visa category, you may be able to switch to a family visa to remain in the UK.

Below, you’ll find information on the different types of UK Family Visas available for non-British nationals.

Spouse/Partner Visa

Under the UK Family Visa, partners and spouses can remain in the UK for 30 months. After this time, you can apply for an extension, which will take you to a total of 5 years living in the UK at which point you will be eligible for Indefinite Leave to Remain (ILR) in the UK.

To apply for a Family Visa as a spouse/partner, you will need to adhere to the following requirements:

• You and your partner must be 18 years or older to qualify for a Family Visa,
• You must be in a genuine relationship, 
• You must intend to live in the UK for a minimum period of 30 months.

Applying as a Fiancé(e)

If you apply as a fiancé, it is important to note that your your visa will be limited to six months, during which time you must marry your partner or risk overstaying. Also, you are not able to switch to a fiancé(e) visa from another visa category while you are inside the UK.

In addition to above, for a Spouse Visa application, you must meet the language requirement by one of the following: 

• You must pass an approved English language test, 
• You must have a degree level qualification from an English-speaking course,
• You must be from a national of a majority English-speaking country.

Including Child Dependants on a UK Partner Visa

You can also include your dependent child(ren) in your spouse or fiancé(e) visa application. However, you will need to also apply for a Child Dependent Visa for them in addition to your application.

Child Dependent Visa

Children who are non-British nationals can apply for a UK Family Visa either together with their parent’s (spouse/partner) application, or as a separate application. To qualify, they must be under 18 at the time of making the application. In addition to this, the child must also still be living as a dependent and can’t have formed their own independent family unit.

The parent or carer must also meet the financial requirement and like the spouse visa application, the child will be eligible for indefinite leave after 5 years of residing in the UK.

Parent Visa

You can also apply as a parent to join and care for your child in the UK. Note, however that if you are eligible to apply as a partner, you must do so instead of applying as a parent.

You will also need to demonstrate that you have sole/shared parental responsibility and have an active role in your child's upbringing. - If you have shared parental responsibility, the child’s other parent must not be your partner.

You are also required to financially support yourself and any other dependents without claiming any public funds.

Adult Dependent Visa

You can apply to live in the UK under an Adult Dependent Visa under exceptional circumstances. This Family Visa is reserved for those who require long-term care, which only your relative in the UK can provide. Your relative can be a: parent, grandchild, child, brother or sister.

Unlike most Family Visa types, the Adult Dependent Visa allows you to remain in the UK indefinitely if the UK relative is a British Citizen or has settled status in the UK.

This visa is reserved for special circumstances and is quite difficult to obtain, as you must provide exceptional evidence that you don’t have access adequate care in your country of origin for an Adult Dependent Family Visa,

• You must be over the age of 18,
• You must be related to the individual who has British Citizenship or settled status in the UK.

UK Ancestry Visa

A UK Ancestor Family Visa is a unique visa type. For example, if your grandparents were born in the UK, you could be eligible for a five-year UK Ancestry Visa. This allows you to live, work and study in the UK, and after completing five years, you will be eligible to apply for ILR.

Again, adequate proof and documentation will be required to ensure that you satisfy all of the immigration rules for your application is successful.