Children entering UK for Immediate settlement
- A Child under age 18 can apply for entry clearance to join his/her parent who is settled in the UK or has British nationality
- A child must not be living an independent life or married
- A parent who is in the UK must demonstrate he/she has ‘sole responsibility’ of the child, or
- If parent cannot meet the ‘Sole responsibility’ requirement, they may satisfy that there is a ‘serious compelling reasons’ to grant the application
- A parent can be a biological parent, step-father, step-mother, adopted parent i.e. legally adopted parent through a recognised adopted
- It is possible for a ‘relative’ to be the sponsor
- This route is available only outside of the UK – cannot apply when child in already in the UK – See British naturalisation route if one parent is settled or has British nationality
- There is no English language requirement for the child
- There is no IHS charge
- Leave granted is five year settlement
Parent of a child settled in the UK
- A parent can apply for settlement based on:
- Sole responsibility
- access rights to the child
- the child is British citizen and living in the UK
- The application can be made within the UK as well as outside, i.e. entry clearance
- The applicant must meet the eligibility requirements:
- Relationship requirements – genuine parent child relationship
- Financial requirements – ability to maintenance him/herself without recourse to public funds
- Accommodation requirements – ability to maintain him/herself without recourse to public funds
- English language: CEFR A1 – same as spouse visa entry clearance
- Leave is granted for 33 months subject to condition ‘ no recourse to public funds’
- extension available for 30 months
- After completing five years apply for settlement
- IHS charge to be paid
- TB test
Adult Dependent Relatives entering for immediate settlement:
- Applicant can join a family member in the UK who is:
- A British national in the UK
- A settled person in the UK
- A person in the UK with refugee or humanitarian protection
- The Applicant must demonstrate that as a result of the following, they require long-term personal care:
- Age
- Illness, or
- Disability
- The Applicant’s qualifying relative in the UK is known as the ‘Sponsor’
- Not all relatives can apply, only the following:
- Sponsor’s parents
- Sponsor’s brothers
- Sponsor’s sisters
- All must be over 18
- The applicant is an entry clearance one only – application cannot be made within the UK
- Eligibility Requirements:
- Relationship requirements : must be ‘relative’ and over 18, as above
- Care needs requirements:
- Care is not available in the country and there is no person in that country who can reasonably provide it, or
- It is not affordable
- Financial requirements: Sponsor must demonstrate they can adequately maintain their relative without recourse to public funds
- Accommodation requirements: Sponsor must demonstrate they can adequately accommodate their relative without recourse to public funds.
- Indefinite leave to enter will be granted if applicant meets all the requirements
- There is no IHS charge
- There is no English language requirement
Point Based System (PBS) Dependants
- Main PBS applicants can bring their family members in the UK, Spouse, unmarried Partner and children under age 18
- PBS Dependents will need to show that their relationship is genuine and subsisting with the PBS Applicant
- PBS Dependents must meet the maintenance requirement without recourse to public funds
- PBS Dependents must be able to accommodate themselves
- PBS Dependents must pay IHS
- PBS Dependents must had TB testing
- There is a language requirement for partners, spouses , children are exempt
- Switching into this category within the UK can be made