Sections

Joining family members in the U.K. that are settled persons

If you wish to apply for a visa in this category then our team at Hunter Stone Law will be able to guide and assist you throughout every step of the process. In order to qualify for this visa you would have to meet the requirement of the relevant section of the Immigration Rules. However we have attempted to simplify the requirements below.

You’ll need a ‘family of a settled person’ visa if you’re from outside the European Economic Area (EEA) or Switzerland and you want to join, for 6 months or more, a partner or family member who’s living in the UK permanently.

You don’t need a ‘family of a settled person’ visa to visit your family for up to 6 months, but you should check if you need a Family Visitor visa.

Your family member can:

  • be a British citizen
  • have settled in the UK
  • have asylum or humanitarian protection in the UK

If you meet the eligibility requirements, you can apply to:

  • join your partner (spouse, fiancé(e), civil or unmarried partner)
  • join your parent
  • come to look after your child
  • come to be looked after by family

You may need to apply in a different way if:

  • your partner is from the EEA
  • you’re inside the UK
  • you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK
  • You can apply for a family permit instead of a ‘family of a settled person’ visa if the person you’ll be joining is from a country in the European Economic Area (EEA) (excluding the UK) or from Switzerland.

Extending your stay in the U.K.

You may be able to apply to extend your visa or settle in the UK permanently.

If you’re already in the UK then you can’t apply for a ‘family of a settled person’ visa - you must apply to remain in the UK with family instead.

Eligibility

To apply for a ‘family of a settled person’ visa, you must be from outside the European Economic Area (EEA) or Switzerland.

Your partner or family member must have one of the following:

  • British citizenship
  • settlement in the UK
  • asylum or humanitarian protection in the UK

You must also prove that:

  • you’re 18 or over, unless you’re applying as a child
  • your relationship to your family member is genuine and recognised in the UK, eg your marriage is legal in your country
  • you intend to continue living with your family member or partner in the UK after you apply (unless you’re a parent with access rights)
  • either you or your family member can support and accommodate you and any dependent children while in the UK, or you meet the financial requirement
  • you and your family will have an adequate place to live in the UK
  • you have a good knowledge of English if you’re 18 or over - unless you’re applying as an adult dependent relative

Please note your application might be refused if, for example, you’ve:

  • got a criminal record in the UK or in another country
  • provided false or incomplete information to the Home Office
  • broken UK immigration law

If you think the above may apply to you and you are unsure then please contact us and we will assist you.

Joining your spouse - If you are coming to the U.K. to join your partner/spouse

You must prove that you and your partner are 18 or over and in a genuine relationship.

You must be one of the following:

  • married or civil partners
  • living together in a relationship for 2 years
  • engaged to be married or to become civil partners
  • You must also meet the financial requirement.
  • You must prove that any previous relationships you or your partner had are permanently broken down.

Fiancé/e - If you’re coming to the U.K. as a fiancé/e and intend to get married

You must:

  • prove that you plan to marry or become civil partners within 6 months of arriving in the UK.
  • You won’t be able to work during your engagement.

Children – You wish for children to settle in the U.K.

Your children must be under 18. You must name your children on your application, but you’ll need to apply for them separately.

Children joining your parents

You must be under 18 and all of the following must apply:

  • you’ll be living with your parent or parents
  • you’re not married, in a civil partnership or living an independent life
  • you’ll be supported and accommodated adequately without using public funds, or you meet the financial requirement

Coming to look after your child

Your child must be under 18 and living in the UK

You must prove that you’re not able to apply as a partner and that either:

  • you’re the only parent of the child and you’re the only person who’s responsible for them (you have ‘sole responsibility’)
  • your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them
  • You must be able to support and accommodate yourself without claiming public funds.

Adult dependent relative – if you’re coming to the U.K. to be cared for

You must be dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.

You must prove that:

  • you need long-term care to do everyday personal and household tasks
  • the care you need is not available or affordable in the country you live in
  • the person you’ll be joining in the UK will be able to support, accommodate and care or you without claiming public funds for at least 5 years
  • you’re 18 or over

Knowledge of English

You may need to prove your knowledge of the English language when you apply, unless you’re applying in a 10-year route.

You can prove your knowledge of English by either:

  • passing an approved English language test with at least CEFR level A1 in speaking and listening
  • having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree

You may be able to meet the English language requirement in other ways - check the guidance in the application form.

If applying as dependant relative then you do not need to show that you meet the English Language requirement. The same also applies if the applicant is under the age of 18.

You may be able to meet the English language requirement in other ways and you won’t need to prove your knowledge of English if you’re a national of a majority English speaking country. A full list of countries is available from the Home Office website. You may not have to prove your knowledge of English in other circumstances - check the guidance in the application form.

Documents you need to provide

You’ll need to provide:

  • your current passport or other valid travel ID
  • previous passports
  • 2 passport sized-colour photographs
  • proof of your relationship to the person you’re joining
  • proof you can meet the financial requirement or maintenance requirement
  • proof of your knowledge of English if you’re 18 or over - unless you’re applying as an adult dependent relative
  • You may need to provide additional documents depending on your circumstances - eg a sponsorship form from your family member in the UK.
  • You’ll need to have a blank page in your passport on which to put the visa.
  • you must also provide documents to prove that you meet the eligibility requirements – as detailed above

Application

If you’re already in the UK, you should apply to remain in the UK with family instead.

If you’re applying from outside the UK then you must apply online for this visa.  You’ll need to have your fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of your application.

You might also need:

  • form SU07 - you’re coming to be looked after by family (adult dependent relative)
  • appendix 1 - you’re coming to the UK as an adult dependent relative, or as the child of settled parents or with one parent who got a visa under the rules in force before 9 July 2012
  • appendix 5 - you’re coming to look after your child

Apply in the UK, you can apply to extend your visa.  You can apply to extend your visa towards the end of your stay.  You must apply before your visa expires.

When you’re eligible, you can apply to settle. Settlement means you can stay in the UK without time limits.

Your initial stay will be:

  • 33 months if you applied as a partner (27 months if you applied before 9 July 2012)
  • 6 months if you applied as an engaged partner or proposed civil partner
  • as long as your parent’s stay if you applied as a dependent child or to join a parent with sole responsibility for you
  • without time limits if you applied to join 2 British or settled parents
  • 30 months if you applied as a parent

You’re an adult dependent relative then your initial stay will be:

  • without time limits if you applied to join a family member who’s British or settled in the UK - you won’t need to apply to extend or settle
  • as long as your family member’s stay if they have asylum or humanitarian protection in the UK - you won’t need to extend but you can apply to settle when you’re eligible

What you can and can’t do with your visa

You can use your ‘family of a settled person’ visa to:

  • work (you can’t work if you’ve got a visa to get married or to become civil partners)
  • study

You can’t:

  • get public funds for yourself and any dependants.