Under the Immigration Rules part 8 – Following are considered dependents:
- Dependents Point Based System - Husband, Wife of Children
- Dependent Children under the age of 18 years (also over 18 in compassionate and compelling circumstances).
- Other Dependent relatives
- Adult dependent relatives
- Dependent Parents and Grandparents over the age of 65 years (also below 65 Years those in most compassionate and compelling circumstances).
Under this category the applicant CAN APPLY FOR THIS CATEGORY FROM INSIDE THE UK AS WELL AS OUTSIDE THE UK.
Who is a Dependent and Can apply for Dependent Visa
Under UK Immigration a dependent is a person who is either spouse or child of the main applicant. There are also fianancial and emotional dependents who are considered to be adult dependent relative. All the dependents can apply for Dependent Visa, however every category has different set of requirements.
Point Based System (PBS) Dependent
Those in the PBS category and are present in the UK and their relationship with the dependants is genuine and subsisting (for which evidence to be has provided) can make an application for their dependents i.e. spouse, children under 18 years of age to come to the United Kingdom.
Undoubtedly, the applicant has to fulfil the maintenance requirement, amount for which depends upon category under which the main applicant/sponsor is present in the UK. The applicant and sponsor are required to prove that they will be able to accommodate each other without taking any recourse to public funds.
Acceptance of the application of Children below 18 years of age depends on the relationship to the main applicant and that they are fully dependant on the sponsor. Further, maintenance and accommodation, evidence will have to be arranged by the applicant from his/her own resources. Having failed to provide the evidence in the acceptable standard and format to the UKBA your application will be liable to be rejected. The applicant will have to establish that the sole custody of the child/children is with the parent who is a British Citizen or is Settled in the UK on ILR.
Other dependent relatives:
Relationship and evidence thereof with the UK resident, they wish to stay with, under this category and that the sponsor can support them financially without recourse to any public funds is the main requirement in such cases. In addition Substantial confirmation that the applicant has got the unconditional consent from their sponsor to stay with them in the UK would be required.
The applicants can subsequently make an application for settlement in the UK if the sponsor is present and settled in the UK and there are most exceptional compassionate circumstances existing. Evidence for which will need to be provided by the applicant.
Adult dependent relatives (Elderly parents and Grandparents)
The applicants (grandparents or parents, if one of them is aged 65 years and above) under this category are eligible only when the sponsor in the UK is present and settled in the UK. However if the circumstances the parent or grandparent is living in are exceptional or compassionate then the age bracket of 65 years of age can be relaxed.
- Widowed mother or father aged 65 years or above.
- A parent or grandparent aged 65 years and above, who though remarried but cannot rely on.
- Children from second marriage who need financial support.
- Parent or grandparent who is under 65 years of age and is financially and emotionally on the permanent UK resident dependent; and
- There is constant contact with the parent and grandparent by the sponsor.
The applicant has to prove and provide evidence under this category that his circumstances are true and most importantly there is financial dependency on the sponsor or most exceptional circumstances exist.
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- We advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant;
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