Moving to the UK on a Dependant Visa
From all the UK news reports you may think that it is now hard to move to the UK on a Dependant Visa. It isn’t.
In this article, our Immigration Solicitors answer your questions on applying for a Dependant Visa so you can move to the UK.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
What is the UK Dependant Visa?
The UK Dependant Visa is an entry route to the UK for family members of main visa holders or main visa applicants. You can only get a Dependant Visa if a family member is already in the UK on a visa or if they will be moving to the UK with you and they are applying for a main visa at the same time as your Dependant Visa application.
The Dependant Visa is referred to as ‘dependant’ because:
- If the main visa applicant’s application is refused you won't get a Dependant Visa
- If the main visa holder's visa is curtailed or is cut short by the Home Office you will not be able to stay in the UK
- You will only get a Dependant Visa for the length of the main visa holder’s visa and will have to leave the UK when they do so
Some Dependant Visa applicants assume they need to be wholly financially dependent on the main visa holder to qualify for a Dependant Visa but that isn’t the case.
Do you need a Dependant Visa to visit family in the UK?
If you are coming to the UK to see a family member who is in the UK on a Work Visa or Family Visa you may not need a visa if your visit is for less than 6 months and you intend to go home at the end of your trip. Alternatively, you may need a Visitor Visa. It’s best to check up on visa requirements before you plan your journey, especially if you are planning a long stay or if you are worried that you might be refused entry clearance on arrival in the UK if you don’t have either a Visitor Visa or Dependant Visa.
Who can apply for a UK Dependant Visa?
The UK immigration rules have changed so there are now more restrictions on who can apply for a Dependant Visa. Recent rule changes mean that:
- Family members of most international students coming to the UK on a Student Visa will not qualify for the visa. The rules are different for PhD students and post-graduate international students and their dependents
- Family members of carers and senior carers coming to the UK on Health and Care Worker Visas can no longer apply
It is best to ask an Immigration Solicitor if you qualify for a visa in your own right or as a dependant. Even if you qualify for a Dependant Visa it may be better for you to apply for your own visa, such as a Skilled Worker Visa or Health and Care Worker Visa.
What UK visa does a main visa applicant need to have for family members to be able to accompany them on Dependant Visas?
There are many different types of visas that a main visa applicant can apply for and be accompanied by a relative on a Dependant Visa. For example:
- Work Visa – Skilled Worker Visa or some workers with a Health and Care Worker Visa
- Business Visa – such as the Innovator Founder Visa
- Family Visa
Not all Work Visas allow you to accompany a worker to the UK so it is best to check. For example, a person in the UK on a Graduate Visa can't be accompanied by family on Dependant Visas. However, the main visa applicant may be able to find sponsored employment on a Skilled Worker Visa and that would allow you to come to the UK with them on a Dependant Visa.
Who qualifies as a dependant for a Dependant Visa?
You need to have a family relationship with the main visa applicant or visa holder. For example, husband, wife, civil partner, unmarried partner or child. Children need to be under 18 years of age at the date of their Dependant Visa application. If you are applying as an unmarried partner, you must have been in a relationship and living with your partner for at least 2 years.
The Home Office will require you to prove your relationship with the main visa applicant or visa holder. If you are applying as an unmarried partner, you will need immigration advice on the best documents to prove the genuineness and length of your relationship. You should not assume that just because your partner easily got their Skilled Worker Visa your Dependant Visa application as an unmarried partner will be as straightforward.
Working in the UK on a Dependant Visa
You are free to work if you are moving to the UK on a Dependant Visa. The immigration rules say:
- You do not need a sponsoring employer
- Unlike the Student Visa you aren’t restricted to part-time employment
- Unlike the Skilled Worker Visa or other types of Work Visa you are not restricted to specific jobs or jobs that pay the minimum salary threshold under the immigration rules (your employer will need to pay you the UK minimum wage but that is different to the minimum salary threshold for a Work Visa)
- Your employer is not under a duty to report your address or your absences from work to the Home Office because they are not sponsoring your employment under a sponsor licence
Although there is a great deal of flexibility with working in the UK on a Dependant Visa your employer will need to carry out a right-to-work check before they can employ you. They will need to repeat the right-to-work check if you renew your Dependant Visa.
As an alternative to finding paid employment in the UK, you can set up your own business. With a Dependant Visa, there is no need for you to get your business idea endorsed by an endorsing body or for your business to meet specific Business Visa criteria, such as being innovative and scalable.
Are there any disadvantages to the Dependant Visa?
The Dependant Visa is flexible as it allows you to work or study whilst in the UK. Why would you apply for a Skilled Worker Visa, Health and Care Worker Visa, Student Visa or Scale-up Visa if you can live in the UK on a Dependant Visa with more freedoms than other visas?
The disadvantage of the Dependant Visa is that you are dependent on the main visa applicant or main visa holder. If they decide that they have changed their mind and don’t want to come to the UK or their main visa application gets refused by the Home Office then your Dependant Visa will be refused as well.
If you join a main visa holder in the UK then you can only get a Dependant Visa for the length of their visa. You may want to stay for longer or may not want your life disrupted in the UK if you are forced to leave the UK early. For example, if the main visa holder is in the UK on a Skilled Worker Visa and is made redundant from their sponsored employment and cannot get another sponsored job after their Work Visa is curtailed by the Home Office.
How OTS Solicitors can help you with your Dependant Visa application
Our specialist Immigration Solicitors can help you with your Dependant Visa application if you are joining a family member who is already in the UK or we can help you and the main visa applicant secure your visas.
Our immigration experts will:
- Look at your best visa options
- Check if you meet the eligibility criteria for a Dependant Visa and advise the main visa applicant about their visa eligibility criteria
- Advise you on the required supporting documents for your application
- Complete the online immigration application form and prepare any necessary supporting letter or statement
- Upload your supporting documents online after checking that they meet the visa criteria
- Liaising with the Home Office on your behalf
- Helping you with any Dependant Visa extension application or Indefinite Leave to Remain application if you and the main visa holder decide to settle in the UK once you both meet the residence requirement for an ILR application
If you have had a Dependant Visa application refused by the Home Office and you are unsure about your options, we can review the letter received from the Home Office and talk to you about your options, including submitting a fresh application on your behalf.
Our Immigration Solicitors also provide Immigration Law Training on a range of Individual Immigration and Business Immigration topics.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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