Family Visa

There are different types of Family visa depending on the family member you are applying to join in the UK. You can apply for a Family visa to live with your:

• Partner, spouse, fiancé, fiancée or proposed civil partner.
• Child.
• Parent.
• Relative who will provide long-term care for you.

You may also be able to apply on the basis of your private life, if you are already in the UK and have lived here for many years.

Each category listed above has its own set of eligibility criteria that applicants must satisfy in order to qualify for a Family visa.

You will need to show evidence of your relationship with your UK family member. For example, if you are applying to join your spouse you will need to show proof of your marriage, or if you are applying as a parent you will need to demonstrate that you have sole or shared parental responsibility for your child.

Depending on your circumstances, you may need to meet a financial requirement and prove your knowledge of the English language.

Smith Stone Walters can help assess your eligibility for the specific category of Family visa you are applying for and support you throughout the entire application process.

When you apply for a Family visa, you’ll need to have enough money to:

• Pay the visa application fee – How much it costs depends on who you are joining and how you apply. The current fee for a Family visa to join your partner, parent or child is £1,846 if applying from outside the UK.
• Pay the Immigration Health Surcharge (IHS) – The IHS costs £1,035 per year for adults or £776 for under-18s.
• Support yourself in the UK – You may need to show the Home Office that you have enough money to support yourself in the UK without claiming public funds, unless you are exempt.

note:

You may be able to apply for a fee waiver if you cannot pay the visa fee. You will need to meet certain requirements to qualify.

You must usually apply online for a Family visa.

As part of the application process, you will need to prove your identity. To do this, you will need to attend an appointment to provide your biometric information (fingerprints and a photo). You’ll be told how to make an appointment when you apply.

If you apply for a Family visa outside the UK you’ll usually get a decision within 12 weeks under standard processing times.

If you are applying from inside the UK, standard processing times vary from 8 weeks up to 12 months depending on your circumstances.

For some applications, you may be able to pay for a faster decision by utilising the Home Office priority services, where available.

How long you can stay in the UK on a Family visa depends on the category you are applying under.

For example, if you are applying as a partner or spouse, you can usually stay for 2 years and 9 months on this visa. If you’re applying as a fiancé, fiancée or proposed civil partner, you can stay for 6 months. After this you’ll need to apply to extend your stay.

You must live in the UK for a certain amount of time before you’re eligible for settlement (‘indefinite leave to remain’). Before you extend your visa, you should check if you are eligible for settlement.

If you are applying as an adult coming to be cared for by a relative and your family member is British, Irish or settled in the UK, your stay is unlimited and you will not need to apply to extend or settle.

If your application for a Family visa is approved, you will be granted permission to stay in the UK with your family member for the validity period of your visa. During this time, you will be permitted to work and study in the UK.

You will not usually be able to access public funds or benefits whilst on a Family visa. You cannot apply to settle in the UK until you are eligible.

NOTE:

If you applied as a fiancé, fiancée or proposed civil partner, you cannot work or study in the UK. You will need to apply for permission to extend your stay in the UK when you marry or enter into a civil partnership. If your application is approved, you will have the right to work or study in the UK.

The eligibility requirements and application processes for a UK Family visa are complex, and many of the criteria you will need to meet depends on your specific circumstances and the circumstances of your UK relative you are applying to join.

For this reason, applicants are strongly advised to seek the support of a qualified immigration advisor. Smith Stone Walters’ dedicated Private Client team is on hand to support you and your family with the entire process, from initial assessment of your eligibility for your chosen category through to filing your application to the Home Office and submitting your documents.

To find out more about how we can help, please contact us today.