Family and Private Life in the UK
If you do not meet the requirements for Spouse of Partner visa you may still be able to apply for a visa or extend your permission to stay under the Private Life category if you, your partner ang your child established significant family and private life ties with the United Kingdom.
What are the requirements for Family Life in the UK?
1. You have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK.
2. There would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome.
3. It would breach your human rights to stop you coming to the UK or make you leave.
What are the requirements for Private Life in the UK?
1. The Applicant is under 18 and has lived in the UK continuously for at least 7 years, and it would be unreasonable to expect him to leave the UK.
2. The Applicant is between 18 and 24 and has lived continuously in the UK for more than half his life.
3. The Applicant is 18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country he would have to go to (for example, language barriers)
4. The Applicant is 25 or over and has been in the UK continuously for 20 years
If your application is successful you will get a permission to stay for 2.5 years and you would usually need to spend a total of 10 years in this category before you can get a settled status in the UK.
Parents and Children
If your child is living in the UK, you can apply to live with your child if he/she is under 18 on the date you apply or have been under 18 when you first applied for the visa and not live an independent life
What are the requirements?
1. A child must be a British citizen or settled in the UK (have Indefinite Leave to Remain or proof of Permanent Residence).
2. If you are applying in the UK, a child must have lived in the UK for 7 years continuously and it would not be reasonable for them to leave.
3. You need to have sole or shared parental responsibility for your child.
Adult Dependent Relative Visa
If you are a parent, grandchild, brother, sister, son or daughter living permanently in the UK and have an adult relative outside the UK who requires a long-term care from you, your relative may be able to join you in the UK.
What are the requirements?
1. A relative in the UK must:
• be a British citizen or settled in the UK (have Indefinite Leave to Remain or proof of Permanent Residence); or
• have refugee status or humanitarian protection in the UK.
2. A dependant relative seeking entry to the UK must prove all of the following:
• they require a long-term care to do everyday personal and household tasks because of illness, disability or age;
• the care they need is not available or affordable in the country they live in;
• the person they will be joining in the UK will be able to support, accommodate and care for them without claiming public funds for at least 5 years
• they are 18 or over
An adult dependant relative can stay in the UK indefinitely if they applied to join a family member who is British or settled in the UK or as long as their family member's stay if they have refugee status or humanitarian protection in the UK.