If you are a British Citizen, have settled status in the UK, either have refugee status or humanitarian protection, are an EEA national with pre or settled status and you want to sponsor a partner and or children, to live with you in the UK, then we can help.
What are your options?
If you are in a relationship, then an application can be made for your partner to either join you in the UK with entry clearance, or remain living with you in the UK if already here on another visa.
You can either apply for a spouse, civil partner or unmarried partner with whom you have been in a durable relationship for at least two years and if granted, will get a visa for 30 months, which is extendable either on the five year or ten year route to settlement.
You can also apply for a fiancé/fiancée to come to the UK to get married. If granted, a visa of six months will be issued, to allow the marriage/civil partnership to take place, after which an in-country application to switch to a spouse or civil partner visa can be made.
What are the requirements for a partner visa?
In order for a visa to be granted, all of the requirements must be met.
- Suitability
- Relationship
- Financial
- Accommodation
- English language.
You can also apply for a child living abroad to join you in the UK in certain circumstances. This can be quite a complicated area and it is advisable to take legal advice.
What are the requirements for bringing family to the UK?
Requirements to bring a child to the UK
You can make an application to bring your child if both parents live in the UK or if only one parent lives in the UK but has sole responsibility for the child. This is a particularly complex area of law, and it is recommended obtaining legal advice to ensure you have all the correct evidence to give your application the best chance of success.
The rules are different if you adopt (or de facto adopt) a child from abroad. In each case, extensive evidence is needed to meet all the requirements, so it is strongly recommended to seek legal advice before making this application.
Requirements for an adult dependant relative
You can also apply for an adult dependant relative who, due to old age, illness or disability are unable to live on their own. You can make this application to bring your parents or other adult relatives to settle in the UK to be cared for by you if you are British, settled or have protection status in the UK.
The threshold for proving your adult relative is dependant is quite high – they must show that as a result of age, illness, or disability, they require long-term care to perform everyday tasks. They must also show that the care they require is either unavailable or unaffordable in their country and they have no one able to care for them.
The burden rests on the applicant to show all the requirements have been met. You must show:
- Your relationship to the adult relative (child over 18, parent, grandparent, sibling)
- They cannot care for themselves due to age, illness or disability
- There is lack of adequate care in their country, even with your financial support
- That you are able to financially maintain them in the UK.
It is important to note you cannot sponsor in-laws and any parent or grandparents must not be in a relationship, unless both are applying at the same time.
Appeals
If a family application is refused, either in-country or outside the UK, you will be given the right of appeal if the refusal breaches your article 8 right to a family life.
It is important to submit the appeal within the required deadline. In most cases, it is also advisable to instruct a barrister to prepare your legal argument and represent you at the first tier tribunal. We can assist with your appeal by lodging the appeal, preparing your bundle of evidence, brief counsel and dealing with your appeal on your behalf.
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