Dependent Child Visa under Appendix FM of the Immigration Rules

A child can apply for permission to accompany, join, or remain with their parent in the UK, provided that the parent is applying for or already has permission to be in the UK as a partner or parent under Appendix FM.

The process of children seeking approval to enter or stay in the United Kingdom alongside a parent or guardian can be intricate, and it is highly recommended that a prospective applicant or their parent/guardian consults a legal expert before proceeding with the application.

UK immigration law defines children as individuals under the age of 18. Upon reaching 18 years, they are no longer eligible for this visa and must submit their application as an adult, unless they already have permission to be in the UK as a child.

If a child intends to acquire a visa to accompany or stay with a parent who has requested or already obtained limited permission to reside in the United Kingdom, the child’s visa will be approved in accordance with the parent’s visa, resulting in both visas expiring simultaneously. Nonetheless, this principle does not apply to adopted children who are applying for a visa under Part 8 of the Rules. If the child is applying to join or remain in the UK with only one of their parents, they must satisfy one the following:

1. They must provide proof that their other parent is deceased; or
2. The parent they are applying to join or remain with in the UK has sole parental responsibility for them; or
3. There are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

When the relevant parent applies for permission to settle in the UK, they can include their dependent children on their application. This provision also extends to children who have reached the age of 18 while being in the UK, as long as they are not leading an independent life.

Dependent Child Visa under Part 8 of the Immigration Rules

Children with settled parent(s) in the UK or parents applying for settlement have specific guidelines to follow. Settled parents can be either British or Irish citizens. If children meet the suitability and eligibility criteria, they can typically apply for indefinite leave to enter or remain, depending on their application’s location.

To give a practical example, a child born in South Africa to British Citizen by descent parents, who is ineligible for British Citizenship by descent, can apply for indefinite leave to enter from outside the UK so as to accompany their parents. The child would be classed as “settled” on their arrival in the UK.

Children who are adopted are subject to a different set of Rules, and are only granted a visa for 12 months at a time, where the relevant parent or parents have limited leave to enter or remain.