If you have successfully applied for indefinite leave to remain in the UK, you may be thinking about bringing your family with you. If your partner has successfully applied, you may want to stay with him/her in the UK.

It is important that you have your loved ones with you, especially if they are dependent on you for support. UK Migration Lawyers can help you bring your child or dependent relative to the UK. Our expert immigration solicitors are understanding of the anxiety and stress these situations can bring; they will give you professional advice and guidance throughout the legal process so that you may be able to have your loved ones with you in the UK. Call us now on 0121 777 7715.

Bringing Your Child or Dependent Relative to the UK

There are three ways in which your child may be able to live in the UK with you. If their application is successful they will be granted indefinite leave to remain in the United Kingdom.

1) If you or a relative are settled in the UK

(a) The child is not already in the UK

If you, the child’s other parent, or both of you have been granted indefinite leave to remain or are British Citizens, indefinite leave may also be granted to your child if they are the age of 18. A child may also be granted indefinite leave if both parents are being admitted for settlement.

If only one of the child’s parents has indefinite leave to remain, the other must be under one of the following circumstances:

  • Applying to come to the UK; or
  • Has sole responsibility for the upbringing of the child; or
  • No longer alive.

Furthermore, if one parent or another relevant has been granted indefinite leave, or is a British citizen, and there are compelling/serious circumstances that mean that excluding the child from the UK would be undesirable, then the child may also be granted indefinite leave to enter the UK.

(b) The child is already in the UK with limited leave to remain

A child who is already in the UK with limited leave to remain may be granted indefinite leave to remain if one parent has indefinite leave or is a British Citizen and the other is under one of the following circumstances:

  • Has indefinite leave to remain or is a British Citizen;
  • Has sole responsibility for the upbringing of the child; or
  • No longer alive;

As mentioned above, if one parent or another relevant has been granted indefinite leave, or is a British citizen, and there are compelling/serious circumstances that mean that excluding the child from the UK would be undesirable, then the child may also be granted indefinite leave to remain in the UK.

(c) Requirements That the Child Must Meet to stay in the UK

In order to qualify under all of the above circumstances in (a) and (b), the child must: be related as claimed, under the age of 18 at the date of application; unmarried; and there must be adequate maintenance and accommodation available for the child, without the need to rely on public funding.

For (b), to qualify the child must additionally must not have any unspent criminal convictions, and must have leave to enter or remain which was granted with a view to settlement at a later date.

Whether your child or children, are with you or outside of the UK, we can help you get them indefinite leave to remain so that you can be together. In these cases it is important that you get proper legal representation as soon as possible so that you maximise your chances of being able to succeed in having your loved ones with you in the UK. You may want to directly contact one of our lawyers. Call us now on 0121 777 7715.

2. If you have made an application for entry clearance or leave

If you have made an application for entry clearance or leave, or if you have limited leave as a partner, your child may be granted entry or leave to remain. In order to qualify, the child must be under all of the following conditions:

  • Not married or in a civil partnership;
  • Not part of an independent family unit of their own or leading an independent life;
  • There must be evidence that there will be suitable accommodation, without the need to rely on public funding;
  • They must pass the suitability requirement;
  • Under 18 years of age at the date of the application for entry or leave to remain, unless applying for extended leave for the child where he or she has not yet obtained settlement; and
  • They must satisfy the financial requirement

If you are unsure whether you and your child qualify under these conditions, contact us now using the phone number or link below for professional legal advice.

3. If you are a refugee or beneficiary of humanitarian protection

If you or a relative are a refugee or beneficiary of humanitarian protection with limited leave to enter or remain in the UK, leave to enter may be granted to your child.

‘Child of a relative’ includes those who are under 18, who are:

  • Nieces and nephews;
  • Step brothers and step sisters; and
  • Cousins

Adopted children may also come to the UK if their adoptive parent has indefinite leave to remain or British, and if they have been adopted in a country that is party to the Hague Convention.

If you have adult dependent relatives who live outside the UK, for example parents or grandparents, they may be entitled to join you in the UK. In order to be eligible they must be related to a person in the UK who is one of the following:

  • a Grandparent;
  • a Brother or sister over the age of 18;
  • a parent over the age of 18; or
  • a son or daughter over the age of 18.

If your relative is applying as a grandparent or parent, they must either be applying together with the other grandparent of the person who resides in the United Kingdom, with whom they must be in an existing relationship. Otherwise, they must be widowed, separated or divorced from the other grandparent or parent.

We understand that you may have already been through a lot, and that bringing your loved ones to the UK or keeping them here is of utmost importance. Our lawyers are sympathetic to your situation, and will be able to provide you with expert advice on human rights issues in UK immigration law. Call us now on 0121 777 7715.

Do I Qualify as a Dependent Relative?

In all cases, the dependent relative will have to show that as a result of a disability, illness or age that he or she needs long term personal care in order to perform everyday tasks, for example: cooking, ironing, washing, and dressing. This need must have occurred recently, for example as the result of deterioration or an accident. The care that the dependent relative requires must not be available to them in their home country; because they cannot afford it or because it is simply not available.

In order to qualify, it will need to be demonstrated that your dependent relative can be sufficiently care for, accommodated and maintained while in the UK. Public funds cannot be relied on.

If their application is successful, your dependent relative will be granted limited leave to enter. This duration will last as long as your (or their other UK relative’s with leave to remain) limited leave.

If you want to bring your child or dependent relative to the UK, or keep them in the UK with you, we can help.

Our team is dedicated to your successful UK Visa application and we make this commitment to all our clients:

  • Our initial free visa assessment means we select the right visa for you
  • Out team will guide you through the evidence and paperwork needed for your application
  • We will fully complete your application form and collate all necessary documentation
  • We will submit your application, documentation and evidence on time and on your behalf
  • We will liaise with the Home Office regularly to check that your application is progressing
  • We make our team available to you 24 hours a day, 7 days a week

There is no better time to find out how we can help you so why not call us on 0121 777 7715 or use our UK Immigration Contact Form.

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UK Migration Lawyers is authorised and regulated by the Solicitors Regulation Authority (SRA Number 497640). Accredited immigration Law Solicitors. UK Migration Lawyers Ltd. / All rights reserved. Company Registration No 06702262 / Registered in England and Wales.