For many, the goal of securing a Skilled Worker visa is to build a better future for their loved ones. Once the main applicant is established in the UK, the next vital step is bringing the rest of the family—partners, civil partners, or children—to join them.
However, bringing dependents to the UK is not always a “rubber-stamp” process. This article highlights the key requirements and the common hurdles, particularly when it comes to dependent children.
The Importance of Early Advice
At First Precedent, we always advise clients to seek professional guidance before starting the dependency application. Just because the main applicant’s visa was straightforward does not mean the dependents’ applications will be. This is especially true for unmarried partners or children from previous relationships.
1. Eligibility for Partners
To qualify as a dependent partner, you must provide evidence of:
- A valid marriage or civil partnership certificate, OR
- A “durable relationship” (unmarried partnership) of at least 2 years.
Once granted, partners generally have full access to the UK labour market, allowing them to work in almost any profession.
2. Bringing Children: The Age Factor
A child must be under 18 at the time of the application.
- The 18th Birthday Deadline: If your child is approaching 18, it is critical to submit the application before their birthday.
- Protection of Rights: As long as the application is submitted while they are 17, their rights are protected even if they turn 18 while the Home Office is still processing the decision.
3. The “Sole Responsibility” Hurdle
This is the most common reason for child visa refusals. If both parents are moving to the UK together, the process is usually simple. However, if one parent is already in the UK and the other remains overseas, the Home Office applies strict scrutiny.
In these cases, the parent in the UK must demonstrate “Sole Responsibility” for the child’s upbringing. This means proving that you—and you alone—make the important decisions regarding the child’s education, health, and welfare. Here are two important points you should note below about the decision making process.
- No Right of Appeal: Most of these applications do not carry a right of appeal. This means that you can not appeal to the court which is an independent body.
- Administrative Review: While you can request a review, it generally only covers “case-working errors” (like a calculation mistake) rather than a re-evaluation of your evidence. Getting the documentation right the first time is essential. So don’t leave your important decisions to chance. Get the advice needed now.
4. Financial and Accommodation Requirements
You must show that you can support your family without relying on public funds:
- Maintenance Funds: You typically need to show £315 for the first child and £200 for each additional child (unless your sponsor certifies maintenance on your CoS).
- Suitable Housing: You must prove that your UK accommodation is adequate and will not be “overcrowded” once the family arrives.
5. Care Workers and Senior Care Workers
The rules changed significantly on 11 March 2024.
- New Applicants: Most Care Workers (SOC 6135) and Senior Care Workers (SOC 6136) granted visas after this date are not permitted to bring dependents.
- Transitional Protections: If you were already sponsored and working in the UK in these roles before 11 March 2024, you may still be able to bring your family or extend their stay.
What should you do now?
The “Sole Responsibility” rule and the shifting requirements for Care Workers make these applications high-risk. Don’t leave your family’s future to chance.
Contact First Precedent & Visas for a comprehensive analysis of your case. We will help you navigate the Home Office guidance and ensure your evidence is robust before you pay the significant application and Health Surcharge (IHS) fees.