Who Qualifies for a UK Dependent Visa?

The UK Dependent Visa is designed to allow family members of primary visa holders to live, work, and study in the United Kingdom. This visa category applies to dependents of individuals who hold a valid visa under various UK immigration routes, such as the Skilled Worker visa, Student visa (for postgraduate students), Health and Care Worker visa, and business-related visas.

The primary purpose of the UK Dependent Visa is to help families stay together while one or more family members work, study, or conduct business in the UK. This visa ensures that dependents can benefit from the UK’s healthcare system (NHS), education, and employment opportunities, making it a preferred option for families seeking stability in the UK.

Benefits of a UK Dependent Visa

• Right to Work: Most dependents can work full-time in the UK without restrictions, except for some categories where employment may be limited.
• Access to Education: Dependent children can study at UK schools, colleges, or universities.
• Healthcare Access: Dependents are entitled to use NHS healthcare services after paying the Immigration Health Surcharge (IHS).
• Pathway to Settlement: Dependents of certain visa holders, such as Skilled Workers, may become eligible for Indefinite Leave to Remain (ILR) and eventually British citizenship.
• Flexible Stay: The visa duration is linked to the primary applicant’s visa, allowing dependents to stay as long as the main visa holder remains eligible.

SWEC Visa offers expert guidance on UK Dependent Visa applications, ensuring a smooth process for families looking to reunite in the UK.

Who is Considered a Dependent?

To qualify as a dependent under UK immigration rules, an applicant must be a close family member of the primary visa holder. The UK Home Office has strict definitions regarding who can apply as a dependent, ensuring that only immediate family members are eligible.

Eligible Family Members

1. Spouse or Civil Partner

• The applicant must be legally married to or in a recognized civil partnership with the primary visa holder.
• The relationship must be genuine and subsisting, meaning the couple must live together and share financial responsibilities.
• Documentary proof, such as a marriage certificate, joint bank statements, or utility bills, is required to confirm the relationship’s legitimacy.
• Proxy marriages or religious-only marriages not legally recognized in the UK may not qualify.

2. Unmarried Partner

• If not married, the applicant must prove they have been in a long-term relationship for at least two years before applying.
• The couple must have lived together in a relationship akin to marriage or civil partnership.
• Supporting documents such as joint rental agreements, bank statements, or official correspondence addressed to both partners at the same address may be required.
• The relationship must still be active and not just to obtain a visa.

3. Children Under 18

• Dependent children must be under 18 at the time of application.
• They must not be married, in a civil partnership, or leading an independent life.
• If the child was born in the UK to a parent on a valid visa, they do not automatically receive British citizenship but can apply for a dependent visa.
• Documents required include the child’s birth certificate, proof of parental relationship, and evidence of financial support.

4. Children Over 18

• Children over 18 may still qualify as dependents if they:
  • Previously held a dependent visa in the UK.
  • Are unmarried and financially dependent on their parents.
  • Continue living with their parents, unless attending university.
• They must prove that they are not leading an independent life and remain financially reliant on the primary visa holder.

Important Considerations

• Dependents must apply at the same time as the main visa holder or after they have received their visa.
• The relationship must be genuine and ongoing; fraudulent applications may result in visa refusal.
• The dependent’s visa validity will match the duration of the main applicant’s visa.

Eligibility Criteria Based on Primary Applicant’s Visa Category

The eligibility for a UK Dependent Visa depends on the visa status of the primary applicant. Only certain visa holders can sponsor their family members under the UK immigration system. Below is a breakdown of different dependent visa categories based on the primary applicant’s visa type.

1. Skilled Worker Dependent Visa

This category applies to the family members of individuals who hold a Skilled Worker Visa in the UK.

• Who Qualifies?
  • Spouse or unmarried partner of the Skilled Worker Visa holder.
  • Children under 18 years old.
  • Children over 18 only if they are already in the UK as dependents.
• Rights and Benefits:
  • Dependents can live, work, and study in the UK.
  • Spouses and partners have full work rights.
  • Children can attend UK schools and access NHS healthcare.
  • Dependents can apply for Indefinite Leave to Remain (ILR) after five years, provided the primary visa holder also qualifies for settlement.

2. Student Dependent Visa (Tier 4 Dependent Visa)

Dependents of international students in the UK can apply for a visa if the student meets certain criteria.

• Who Qualifies?
  • Spouse or unmarried partner of a student enrolled in a postgraduate-level course (RQF Level 7 or higher) at a UK university.
  • Children under 18 years old.
• Rights and Benefits:
  • Spouses can work full-time in the UK.
  • Children can access free education in the UK public schools.
  • Dependents can stay in the UK as long as the primary student visa holder maintains legal status.
  • No direct route to ILR; dependents may need to switch to another visa category.

3. Health & Care Worker Dependent Visa

This visa category applies to dependents of individuals working in the UK healthcare sector under the Health and Care Worker Visa.

• Who Qualifies?
  • Spouse or unmarried partner of a Health & Care Worker Visa holder.
  • Dependent children under 18.
• Rights and Benefits:
  • Dependents have unrestricted work and study rights.
  • Full access to NHS healthcare services.
  • Eligible for ILR after five years if the main applicant qualifies.

4. Temporary Worker Dependent Visa

This category applies to dependents of individuals who hold short-term work visas such as:

• Seasonal Worker Visa
• Charity Worker Visa
• Creative Worker Visa
• Who Qualifies?
  • Spouse or unmarried partner of a temporary worker.
  • Dependent children under 18.
• Rights and Restrictions:
  • Limited work rights for dependents.
  • No direct pathway to ILR.
  • Must leave the UK when the primary visa holder’s stay ends.

5. Business & Investment-Based Dependent Visas

Certain business and investment visas allow dependents to join the main applicant in the UK.

• Innovator Founder Dependent Visa
  • For dependents of Innovator Visa holders who are establishing a business in the UK.
  • Dependents can work and study without restrictions.
  • Eligible for ILR after three years if the primary applicant qualifies.
• Global Talent Dependent Visa
  • For dependents of professionals in science, arts, and technology who hold a Global Talent Visa.
  • Dependents have full work and study rights.
  • Eligible for ILR based on the main applicant’s settlement status.
• Start-up Dependent Visa
  • For dependents of Start-up Visa holders.
  • Similar rights as Innovator Founder dependents, but no direct route to ILR.

6. Ancestry Dependent Visa

This visa applies to family members of Commonwealth citizens who qualify for a UK Ancestry Visa.

• Who Qualifies?
  • Spouse or unmarried partner of an Ancestry Visa holder.
  • Dependent children under 18.
• Rights and Benefits:
  • Dependents can work and study in the UK.
  • Eligible for settlement after five years.

Key Requirements for UK Dependent Visa Applicants

Regardless of the visa category, dependents must meet specific requirements to qualify for a UK Dependent Visa.

1. Proof of Relationship

Applicants must provide official documents to prove their relationship with the primary visa holder.

• For Spouses: Marriage certificate.
• For Unmarried Partners: Evidence of at least two years of cohabitation, such as joint bank accounts, rental agreements, or utility bills.
• For Children: Birth or adoption certificates.

2. Financial Requirements

The sponsor (primary visa holder) must prove they can support their dependents.

• Minimum income or savings to meet maintenance requirements.
• Bank statements, pay slips, or employment letters as proof of financial stability.
• The amount required varies based on the visa type and number of dependents.

3. Accommodation Requirement

Dependents must have access to suitable housing in the UK.

• Proof of accommodation, such as rental agreements or property ownership documents.
• The house must not be overcrowded, as per UK housing standards.

4. English Language Requirement (If Applicable)

• Only required for certain dependent visas, such as spouse visas under the family route.
• Applicants may need to take an approved English language test or show proof of education in English.

5. Tuberculosis (TB) Test Requirement

Applicants from specific countries must take a TB test as part of the visa application.

• The test must be from a UK Home Office-approved clinic.
• A valid TB certificate is required before visa submission.

6. Immigration Health Surcharge (IHS)

Dependents must pay the Immigration Health Surcharge (IHS) to access NHS healthcare in the UK.

• The fee depends on the length of the visa.
• Exemptions apply to certain visa categories, such as Health & Care Worker Visa dependents.

Application Process for a UK Dependent Visa

Applying for a UK Dependent Visa involves several steps, from choosing the right visa category to submitting supporting documents. Below is a detailed breakdown of the application process.

Step 1: Determine the Appropriate Dependent Visa Category

Before applying, ensure that the primary visa holder’s status qualifies you for a dependent visa. The category you apply under will determine your rights and conditions in the UK.

Step 2: Gather Required Documents

Prepare the necessary documents to support your visa application. These typically include:

• Passport – A valid passport with at least one blank page.
• Proof of Relationship – Marriage certificate (for spouses), birth/adoption certificate (for children), or proof of long-term cohabitation (for unmarried partners).
• Financial Documents – Bank statements, salary slips, or sponsorship letters proving sufficient funds to support dependents.
• Accommodation Details – Rental agreement or proof of property ownership to show suitable living arrangements.
• Tuberculosis (TB) Test Certificate – If applicable, based on your country of residence.
• English Language Test Certificate – Only required for some visa categories, such as the spouse visa under the family route.

Step 3: Complete the Online Visa Application

• Visit the UK Home Office website and select the relevant dependent visa category.
• Fill out the visa application form (VAF4A for family members or appropriate forms for other categories).
• Upload preliminary documents, if required.

Step 4: Pay the Visa Fees and Immigration Health Surcharge (IHS)

• The visa fee varies based on the category (see detailed fee structure below).
• Pay the Immigration Health Surcharge (IHS) to access NHS services in the UK. The fee is charged per year of stay.

Step 5: Schedule a Biometric Appointment

• After applying, book an appointment at a Visa Application Centre (VAC) in your country.
• Attend the appointment to provide fingerprints, a photograph, and a digital signature.

Step 6: Submit Supporting Documents

• You may be required to upload supporting documents online or submit them physically at the visa center.
• Some applicants may be asked to attend an interview.

Step 7: Track Your Application & Wait for the Decision

• Track your visa application status online.
• Standard processing time varies, but you can opt for a priority service for faster decisions.
• Once approved, collect your visa vignette (sticker) from the VAC and travel to the UK within the validity period.

Processing Time & Fees for UK Dependent Visas

1. Processing Time

• Standard Processing: 3 to 8 weeks from the date of biometric submission.
• Priority Service: Decision within 5 working days (additional fee required).
• Super Priority Service: Decision within 24 hours (available in select locations for an extra charge).

2. Visa Fees by Category

3. Additional Costs

• Biometric Fee: £19.20 per applicant.
• Immigration Health Surcharge (IHS):
  • £624 per year for adults.
  • £470 per year for children under 18.

Rights & Restrictions of UK Dependent Visa Holders

UK Dependent Visa holders enjoy several benefits, but there are also restrictions depending on the visa category.

What Dependents Can Do

✔ Work Rights:

• Most dependents can work full-time in any profession (except those with a Temporary Worker Dependent Visa).

✔ Study Rights:

• Dependents can study at any level in UK schools, colleges, or universities.
• Children can access free education in public schools.

✔ Healthcare Access:

• Dependents who pay the Immigration Health Surcharge (IHS) can access NHS healthcare services like UK residents.

✔ Travel Rights:

• Dependents can travel freely in and out of the UK as long as their visa remains valid.

What Dependents Cannot Do

✘ No Access to Public Funds:

• Dependents cannot claim government benefits such as housing assistance, jobseeker’s allowance, or Universal Credit.

✘ Work Restrictions (for Some Visa Categories):

• Some dependent visa holders (e.g., Temporary Worker Dependents) may have limited work rights and cannot take up full-time employment.

Common Reasons for UK Dependent Visa Rejection & How to Avoid Them

Applying for a UK Dependent Visa requires careful attention to detail, as even minor errors can lead to rejection. Below are the most common reasons for refusal and ways to prevent them.

1. Incomplete or Incorrect Documentation

• Missing essential documents such as passports, proof of relationship, financial statements, or TB test certificates.
• Submitting expired, unclear, or incorrectly formatted documents.

How to Avoid:

• Use an official checklist to verify that all required documents are included.
• Ensure that all documents are valid, legible, and formatted correctly before submission.

2. Insufficient Financial Proof

• Failing to meet the minimum income or savings requirement.
• Lack of supporting documents such as bank statements, payslips, or employment letters.

How to Avoid:

• Ensure the main applicant meets the required financial threshold before applying.
• Submit at least six months’ worth of financial records, including bank statements and proof of employment.

3. Lack of Genuine Relationship Evidence

• Insufficient proof of marriage, long-term partnership, or parental relationship.
• Discrepancies in statements or lack of consistent communication history.

How to Avoid:

• Submit a marriage certificate, joint bank statements, rental agreements, travel history, and communication records (emails, call logs, photographs) to establish a genuine relationship.

4. Failure to Meet Accommodation or English Language Requirements

• Not providing proof of adequate accommodation.
• Missing an English language test (if required for the visa category).

How to Avoid:

• Provide a rental agreement or property ownership documents proving suitable housing that meets UK regulations.
• Check if the English language requirement applies to your visa category and take the test in advance if needed.

What Happens if a UK Dependent Visa Application is Rejected?

A visa rejection does not mean the end of the process. Here’s what to do next:

1. Understanding the Refusal Letter

• The UK Home Office issues a detailed refusal letter explaining the reasons for rejection.
• Common reasons include missing documents, financial insufficiency, or failure to provide adequate proof of a genuine relationship.

2. Options After Rejection

Reapplying with Stronger Evidence

• If the rejection was due to missing or incorrect documents, the applicant can rectify the errors and reapply.
• Ensure that all required documents are complete and meet the specified guidelines.

Appealing the Decision (If Applicable)

• Some dependent visa categories allow for an administrative review or appeal.
• If the rejection was due to a mistake by the Home Office, an appeal can be filed within 28 days.

Seeking Professional Legal Advice

• For complex cases, consulting a visa expert or immigration lawyer can increase the chances of a successful reapplication or appeal.

Pathway to Settlement & British Citizenship for Dependents

Dependents may be eligible for permanent residence (Indefinite Leave to Remain) and, eventually, British citizenship, depending on their visa category.

1. Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain grants permanent residency, allowing dependents to live and work in the UK without restrictions.

Eligibility for ILR:

• Dependents of Skilled Worker, Health & Care, and Business visa holders can apply after five years in the UK.
• Applicants must meet residency, financial stability, and good character requirements.
• Long absences from the UK (over 180 days in 12 months) may affect eligibility.

2. British Citizenship for Dependents

• Once granted ILR, dependents can apply for British citizenship after one additional year.
• Special conditions apply to dependents of Student or Temporary Work visa holders, who must switch to an eligible visa category before qualifying for ILR.

Conclusion

Applying for a UK Dependent Visa requires thorough preparation and a strong understanding of eligibility criteria. Key takeaways include:

• Understanding the eligibility requirements based on the primary applicant’s visa category.
• Preparing all necessary documents, including proof of relationship, financial stability, and accommodation.
• Ensuring that the application form is completed accurately and all supporting documents are submitted correctly.
• Taking proactive steps to avoid common rejection reasons.
• Seeking expert guidance for a smooth and hassle-free application process.

Get Professional Assistance for Your UK Dependent Visa

The visa process can be complex, but SWEC Visa is here to help. Our services include:

• Personalized visa consultation.
• Document verification and application review.
• Guidance on financial and relationship proof.
• Assistance with appeals and reapplications.

For expert support in securing your UK Dependent Visa, contact SWEC Visa today and ensure a seamless application process.