Let us help you to choose the right dependency visa
There are many types of dependency visas available and we can help you through the process of choosing what is applicable to you. Recent changes within the United Kingdom Immigration laws have made it difficult for people who are unfamiliar with the Immigration laws to comply with the requirements needed for the process and application itself. However, with our help and guidance, we will make this process easier and more convenient for you.
Who can apply for a Dependency Visa?
To qualify for a UK Dependency Visa you must be a dependent family member of a migrant. That means you are either the husband, wife or civil partner, the unmarried same-sex partner, or a child of the qualifying migrant who is less than 18 years old when the application is submitted. Those who fall outside any of the above categories may try to obtain a Dependency Visa but their odds of actually acquiring one are not good.
How does someone apply for a Dependency Visa?
Applications for a Dependency Visa (also referred to as a “Dependent Visa”) can be submitted from within the UK or from outside. Prospective applicants can also apply using the Immigration Department’s online portal which can be found here. Note that the online system does not accept applicants from North Korea.
What documents are needed to apply for a Dependency Visa?
It is crucial that you use the correct documents when applying for a Dependency Visa. Failing to do so can and likely will, result in your application being rejected and you having to start the process over. Acceptable documents include:
- Some form of government issued identification such as a passport.
- Evidence of the claimed relationship between the applicant and the qualifying migrant.
- A marriage certificate or birth certificate depending on whether the applicant is a spouse or child.
- Bank statements.
- Results of a recent criminal background check (when applicable).
- Evidence of a recent tuberculosis test (when applicable).
Note that UK Immigration have very rigid standards regarding what types of documentation they will accept. Keep in mind too that any documents that are not written in either English or Welsh will need to be translated by a certified professional translator.
Also expect that UK Immigration will take the time to verify the authenticity and accuracy of any documents you submit. If they discover those documents are fake or contain falsified information you can expect a quick refusal of your application. Not only that, submitting false information can also lead to a 10-year UK entry ban.
The experts at Barar & Associates can help you in gathering the right type of supporting documentation.
Will Immigration recognise a marriage that took place outside of the UK?
Immigration will typically recognise a marriage or civil partnership that originates overseas if it meets the following conditions:
- The type of marriage or partnership entered into is legally recognised by the government of the country where it took place.
- The civil partnership or marriage was conducted in a manner consistent with the laws of the country where it took place.
- There is nothing in the laws of either partner’s country that would prevent the marriage or civil partnership from being legally recognised.
- In the event one of the partners was previously married there must be proof that that marriage was legally terminated before the current marriage or civil partnership was entered into.
There are exceptions. If the marriage is between an adult and a minor it may not be recognised by Immigration even if it is recognised by the country where the marriage took place. For example: in some countries, girls as young as 12 can legally get married, but it is highly doubtful such a union would be recognised by UK Immigration.
Is there a financial requirement for obtaining a Dependency Visa?
UK Immigration will want to know if the applicant can be adequately maintained during their stay. To satisfy this requirement the sponsoring migrant will need to show proof of at least £18,600 of income. If the sponsoring migrant cannot satisfy the income requirement they will need to demonstrate they have access to at least £62,500 in savings to support a spouse looking for a Dependency Visa and additional funds if minor children will be coming with the spouse.
How long does it take for Immigration to process a Dependency Visa application?
Those applying from outside the UK can expect the processing of their Dependency Visa application to take up to 12 weeks. If, however, you are willing to pay extra you can opt for expedited service which would typically reduce processing time to about 1 week.
If you are applying from within the UK you can expect processing to take up to 8 weeks from the date your application is submitted. Again, however, you have the option to choose expedited service if you are willing to pay more. Expedited service in this case means reducing the processing time from 8 weeks to 5 working days. If you are willing to pay even more, Super Priority Service will result in a decision in 24 hours.
What is the duration of stay for a Dependency Visa?
The length of stay would be determined by the circumstances of the sponsor. If a child is applying for a Dependency Visa and both of that child’s parents have valid visas of differing lengths, the Dependency Visa will be valid until the parent’s visa with the shorter duration expires. So if one parent’s visa is set to expire in 3 years and the other’s in 2 years, the Dependency Visa will be valid for 2 years.
If a skilled worker has been granted indefinite leave to remain in the UK their dependent partner may also be granted indefinite leave to remain, if they meet the other Dependency Visa requirements. That said, if the dependent partner does not qualify for indefinite leave to remain they may still be able to extend the duration of their Dependency Visa for up to 3 years.
What happens if my spouse Dependency Visa is rejected?
If you are the spouse of a qualifying migrant and your application for a Dependency Visa is refused you have the right to appeal unless UK Immigration explicitly state otherwise. That is because a spouse applying for a Dependency Visa is considered a human rights issue. Any appeal will typically be heard at the First-Tier Tribunal in the UK. Should circumstances find the sponsoring migrant or their spouse outside the UK arrangements can be made for the absent spouse to attend the appeal hearing remotely.
