Children can apply to come to or remain in the UK as dependants of their parents on a number of immigration routes. However, a dependent child application is not based on the family relationship alone.
The Home Office considers the child’s age, previous immigration permission, relationship with their parent, living arrangements and whether they are leading an independent life. For children under 18, suitable care and accommodation arrangements must also be in place.
The position can become particularly important when a child turns 18 while their parent remains in the UK.
Who is eligible for a UK dependent child visa?
The exact requirements depend on the immigration route under which the child is applying, but Appendix Children sets out several requirements that can apply to dependent child applications.
Depending on the circumstances, the applicant will need to meet requirements relating to:
- their age;
- whether they are leading an independent life;
- their relationship with their parent;
- their care and accommodation if they are under 18; and
- the immigration status of their parent or parents.
A child will generally apply on the same immigration route as their parent.
For example, where a child applies as the dependant of a Skilled Worker, their parent must have or be applying for the relevant permission on the Skilled Worker route, either as the Skilled Worker or as the partner of a Skilled Worker.
There are also specific provisions where the parent has settled or become a British citizen.
What is the age limit for a dependent child?
A dependent child must normally be under 18 on the date of application.
However, an applicant can be aged 18 or over where they were last granted entry clearance or permission to stay as the dependent child of their parent or parents.
Their previous permission must normally still be valid when they apply or have expired no more than 14 days before the application date. Different provisions apply to dependent children applying under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse.
This means that turning 18 does not automatically prevent someone from continuing to qualify as a dependent child.
What if the child turns 18 while waiting for a decision?
If the applicant was under 18 when they submitted their application but turns 18 before the Home Office makes its decision, the application will be assessed as though the applicant were still under 18. The date of application is therefore important when considering the age requirement.
Can someone over 18 still be a dependent child?
Yes, in certain circumstances. A person aged 18 or over may still be able to apply as a dependent child if they last held permission as the dependent child of the same parent or parents.
They must also meet the independent life requirement, which applies to dependent children regardless of their age.
What does ‘not leading an independent life’ mean?
The independent life requirement applies to dependent children regardless of their age.
To meet this requirement, the applicant must:
- not have a partner; and
- live with their parent, unless they are living elsewhere while attending boarding school, college or university as part of their full-time education.
The Home Office considers an applicant to have a partner if they are married or in a civil partnership. It also considers them to have a partner if they have been in a relationship similar to marriage for at least two years.
Can a dependent child live away from their parents for university?
Yes. Living away from the family home for education does not automatically mean that a young person is leading an independent life.
The Home Office guidance recognises that students commonly live in university or shared accommodation. An applicant may live at a different address while studying. In this situation, the Home Office will consider whether they normally live with their parent. It will also consider whether the separate accommodation is connected to their studies.
Living with a boyfriend or girlfriend does not automatically mean the applicant is leading an independent life. The Home Office will consider the nature and length of the relationship. A relationship similar to marriage may be relevant if it has lasted for two years or more. Evidence of shared finances, such as joint bank statements, may also be considered.
What are the care requirements for a child under 18?
The care requirement applies to dependent children who are under 18. The Home Office must be satisfied that suitable arrangements are in place for the child’s care and accommodation in the UK.
The child will normally be expected to live with their parent or their parent’s partner. That person must have permission on the relevant immigration route.
Different rules apply if the child will live with a non-parent relative. These applications fall under Appendix Child Staying with or Joining a Non-Parent Relative (Protection) (Appendix CNP).
The accommodation must also be suitable and safe for the child and comply with relevant UK legislation and regulations. If the Home Office has concerns about the proposed accommodation, it may look at whether the address is residential and whether the property has enough space for the people who will be living there.
Where a child lives with their parent, further checks on the care arrangements are not normally required. The same applies if they stay at a school, college or university. However, the Home Office may request more information if it has concerns. This could include details about the child’s care during school or university holidays.
Where a private fostering arrangement is involved, the Home Office may also seek confirmation that the relevant local authority has been notified.
How do you prove the relationship between a child and parent?
A dependent child must provide evidence showing their relationship with the relevant parent. A full birth certificate showing the child’s name and the name of one or both parents will usually provide this evidence.
Other official documents may also be accepted. For example, a government-issued household registration certificate may establish the relationship.
Documents issued overseas do not have to look like a UK birth certificate. They can be accepted where they have been issued by a government or court, clearly demonstrate the relationship and are in English or accompanied by a verified translation.
Parents can include biological, legal and adoptive parents. A step-parent is not automatically included within the definition of a parent unless they are also the child’s legal or adoptive parent.
What about the immigration status of the other parent?
The immigration position of both parents can be relevant to a dependent child’s application. The position can become more complicated when parents are separated or one parent remains overseas. It may also require closer consideration if one parent has sole responsibility for the child.
We explain these issues in Part 2 of our UK Dependent Child Visa guide. This includes sole parental responsibility, serious and compelling reasons, and settlement requirements.
How Can We Help You?
Dependent child applications can become more complex when a child turns 18, moves away for university or when a parent’s immigration circumstances change.
At Morgan Smith Immigration, we can assess your family’s circumstances, advise on the relevant requirements and help you prepare the supporting evidence for your application.
For advice on a UK dependent child visa application, contact Morgan Smith Immigration on 0203 959 3335 or email us at [email protected].
