Families often need a clear route for children overseas to live in the UK with a parent. Under the Immigration Rules, a “child dependant” is not a standalone visa label but a set of pathways that sit across different parts of the Rules. Where the parent is British or settled (or on the partner route), the child applies under Appendix FM. Where the parent holds a temporary route (for example Skilled Worker or Student), the child applies under Appendix Children as a dependant of that route. This guide applies the Home Office framework to explain eligibility, evidence, financial rules, forms, fees, processing, decisions, and settlement for child applicants across those pathways.
Section A: What is the Child Dependant Route?
The child dependant route enables a child to live in the UK on the basis of their relationship with a parent who has, or is seeking, permission under the Immigration Rules. The legal basis differs by the parent’s status: Appendix FM for children of British or settled parents and for those linked to the partner route, and Appendix Children for dependants of work, business, talent, and study routes. Although “Child Dependant visa” is widely used, applications are made under the relevant appendix and category, not under a generic label.
Core principles are consistent across the Rules: the child must be under 18 at application (with limited provisions where a child turns 18 while holding or seeking leave as a dependant), not married or in a civil partnership, and not living an independent life. Decision-makers assess dependency in fact—financial, practical, and emotional reliance—and whether the child will live with, and be supported by, the UK-based parent.
Recognised child–parent relationships include:
- Biological children of the parent in the UK.
- Adopted children, where the adoption is legally valid and recognised under UK law or the law of the country of adoption.
- Step-children, where the UK-based parent has legal responsibility or a demonstrable role in day-to-day care, usually supported by consent/custody evidence from the other parent where relevant.
- Children under guardianship, where lawful guardianship exists and can be evidenced.
Where both parents are in the UK with status (for example both are settled or both hold leave on a work route), the child normally applies to join them in line with that status. Where only one parent is in the UK, the Rules provide alternative gateways that focus on sole responsibility or on serious and compelling family or other considerations that make exclusion undesirable (Appendix FM), or equivalent welfare-focused assessments within policy for Appendix Children cases. Evidence quality is pivotal; caseworkers examine legal custody, practical decision-making, and the child’s welfare across home, schooling, and healthcare.
The outcome granted aligns with the parent’s route: children linked to settled parents may be eligible for Indefinite Leave to Enter (ILE), while children linked to time-limited routes are granted leave in line with the parent and may later progress to Indefinite Leave to Remain (ILR) subject to the settlement rules that govern their specific category.
Section B: Eligibility & Core Requirements
Eligibility for a child to join or remain with a parent in the UK depends on satisfying the requirements in the relevant part of the Immigration Rules. Broadly, the same underlying principles apply across Appendix FM and Appendix Children, though the specific wording and evidence standards differ depending on whether the parent is settled, on the partner route, or holds temporary leave (for example as a worker or student).
The Home Office assesses each case on the child’s age, dependency, living arrangements, and the nature of the parental relationship. The key elements are detailed below.
1. Age and Dependency
Under UK immigration law, a “child” means a person under 18 years of age at the date of application. Where a child turns 18 while holding or applying to extend leave as a dependant, the Rules allow continued treatment as a dependant provided they remain financially and emotionally reliant on their parent and do not lead an independent life. The Home Office considers the factual reality of the relationship rather than age alone.
The child must be:
- Under 18 when they first apply;
- Unmarried and not in a civil partnership;
- Not living an independent life; and
- Financially and emotionally dependent on the parent in the UK.
Evidence commonly includes proof that the child lives with the parent or receives direct financial support, schooling information showing parental involvement, and healthcare correspondence identifying the UK-based parent as responsible.
2. Parental Responsibility and Sole Responsibility
Where both parents are lawfully in the UK or applying at the same time, parental responsibility is generally presumed. However, where only one parent is in the UK, the applicant must show either that the UK-based parent has sole responsibility for the child’s upbringing or that there are serious and compelling family or other considerations making the child’s exclusion undesirable.
Sole responsibility means that the UK-based parent has been the primary decision-maker for the child’s welfare and development. It is not limited to financial support: caseworkers look for consistent control over decisions concerning education, health, and daily life. Evidence may include:
- Custody or guardianship orders confirming the UK-based parent’s authority;
- Letters from schools or doctors showing the parent’s involvement in key decisions;
- Proof of regular financial transfers and contact between parent and child; and
- Statements explaining how the parent exercises day-to-day responsibility from abroad, if applicable.
In some cases, the parent in the UK may share parental responsibility with the other parent abroad. Where shared responsibility exists but both parents consent to the child relocating, written consent from the non-resident parent will normally be required.
3. Serious and Compelling Family or Other Considerations
If sole responsibility cannot be shown, applications may succeed where there are serious and compelling family or other considerations which make refusal undesirable. This is a high threshold applied to protect the child’s welfare under Article 8 of the European Convention on Human Rights (right to family and private life).
Examples include cases involving:
- Risk of neglect or lack of adequate care in the child’s home country;
- Serious medical conditions that can be better treated in the UK;
- Absence of family or guardians capable of caring for the child abroad; or
- Social or environmental conditions that compromise the child’s well-being or safety.
Supporting evidence should be comprehensive and may include medical reports, welfare assessments, or official correspondence confirming inadequate care options in the country of residence. Decision-makers weigh all factors holistically, prioritising the child’s best interests as required by section 55 of the Borders, Citizenship and Immigration Act 2009.
4. Step-Children and Guardianship Cases
Step-children can qualify where the UK-based parent holds lawful status and demonstrates legal responsibility or active involvement in the child’s upbringing. The Home Office requires evidence such as a marriage or civil partnership certificate linking the UK-based parent to the child’s biological parent, as well as proof of financial and emotional support.
In guardianship scenarios, the applicant must produce court orders or legal documents confirming guardianship, along with evidence that the arrangement is recognised by the authorities in both the child’s country of origin and under UK law. The Home Office also expects evidence that bringing the child to the UK is in their best interests and consistent with safeguarding principles.
Section Summary
To qualify for the child dependant route, the application must demonstrate a genuine, subsisting parental relationship and dependency, with the child’s best interests central to every assessment. Applicants should provide detailed proof of dependency, decision-making authority, and—if applicable—sole responsibility or compelling welfare circumstances. The evidential burden is significant, and thorough documentation is key to success under Appendix FM and Appendix Children.
Section C: Financial Requirements for Child Dependants
Meeting the financial requirement is central to any child dependant application under the UK Immigration Rules. The Home Office must be satisfied that the parent or guardian in the UK has sufficient income or savings to support the child without recourse to public funds. The applicable thresholds and evidence requirements depend on the parent’s immigration category.
Financial criteria for dependants of British citizens or settled persons are governed by Appendix FM and the supporting evidential rules in Appendix FM-SE. For dependants of temporary route holders (such as Skilled Workers or Students), the maintenance test is set out in Appendix Finance and Appendix Children.
1. Financial Rules for Settled or Partner Route Parents
Parents who are British citizens, settled in the UK, or hold limited leave as a partner under Appendix FM must meet a fixed minimum income threshold to bring dependants to the UK. From April 2025, the standard financial threshold for family route applications is £29,000 per year. Where dependent children are also included, the threshold rises by £3,800 for the first child and £2,400 for each additional child. Families applying under transitional arrangements linked to pre-11 April 2024 applications may still rely on the older £18,600 base threshold, with the same increments for children.
The threshold can be met through a combination of income and cash savings. Qualifying income sources include salaried or non-salaried employment, self-employment, dividends, pensions, or specified non-employment income. Savings can be used alone or to supplement income, provided they have been held for at least six months before the application date and meet the calculation formula under Appendix FM-SE.
Acceptable financial evidence under Appendix FM-SE includes:
- Six months of payslips and bank statements for employed applicants;
- Tax returns, company accounts, and accountant letters for self-employed applicants;
- Official documentation for pensions or investments; and
- Bank statements showing cash savings have been held for the requisite period.
Applicants must also provide proof of adequate accommodation for the family, demonstrating compliance with UK housing standards. The property must be owned or occupied exclusively by the family without overcrowding under the Housing Act 1985 definitions.
2. Financial Rules for Temporary Visa Holders
Parents who hold limited leave under a work, business, or study route must satisfy a different financial test set out in Appendix Finance. These categories include Skilled Worker, Global Talent, Innovator Founder, Health and Care Worker, and Student visas. Each route specifies the level of funds a dependant must have available before applying.
The general maintenance requirements are as follows:
- £315 for the first child dependant; and
- £200 for each additional child dependant.
These funds must have been held for a continuous period of 28 days before the application date. The parent may demonstrate the funds personally, or—where permitted by route rules—the sponsoring employer or education provider can certify maintenance on the parent’s Certificate of Sponsorship (CoS) or Confirmation of Acceptance for Studies (CAS).
Income from employment, bank savings, or third-party support cannot be combined to meet this requirement unless explicitly allowed in the relevant route appendix. All funds must be available and accessible to the family at the time of application.
3. Transitional and Exemptions Provisions
The Home Office introduced transitional provisions when raising income thresholds for the family route in 2024–2025. Families where the sponsoring parent obtained or applied for partner leave before 11 April 2024 may continue to rely on the earlier financial rules. These applicants must provide proof of continuous leave under the pre-April 2024 regime to remain eligible for transitional treatment.
In exceptional cases under Appendix FM, a financial requirement exemption may apply where refusal would breach Article 8 ECHR due to exceptional circumstances. In these instances, caseworkers assess affordability and welfare using all evidence provided, rather than the fixed threshold formula. However, exemptions are rare and require strong evidence of hardship or child welfare impact.
4. Financial Evidence Standards
Home Office caseworkers assess financial evidence strictly according to the formats and timeframes in Appendix FM-SE or Appendix Finance. Documents must be original or clearly scanned copies from official sources. The following are standard expectations:
- Recent bank statements (covering at least six months) showing regular income and sufficient balances;
- Payslips or income confirmation from an employer or accountant;
- Tax documentation where relevant; and
- Letters confirming employment or business activity on company letterhead.
Incomplete or inconsistent evidence is a common reason for refusal. Where any discrepancies arise, the Home Office may issue a request for further information but is not obliged to do so, making full initial compliance crucial.
Section Summary
Financial stability is one of the strictest parts of the child dependant route. Parents must show they can fully support their children in the UK without public funds, providing detailed, correctly formatted financial evidence. The applicable rules depend on whether the parent is settled, under the partner route, or holds a temporary visa. Transitional and exceptional provisions exist but require clear proof of eligibility. Submitting complete, accurate documentation aligned with Appendix FM-SE or Appendix Finance is key to success.
Section D: Application Process & Supporting Documents
The process for applying for a child dependant visa depends on whether the child is applying from outside or inside the UK, and on the parent’s visa type. Applications are made online and must include the correct form, biometric information, payment of fees, and full supporting documentation. Errors or omissions can result in delays or refusal, so accuracy at every stage is essential.
All applications are made through the official UK government website. Parents must choose the correct form based on their own immigration category: those under the family route complete the Appendix FM form, while dependants of temporary route holders use the dependant application form for that specific visa type (for example, Skilled Worker Dependant or Student Dependant).
1. Step-by-Step Application Process
The general process is as follows:
- Step 1: Check eligibility – Confirm that the child meets the dependency, age, and relationship requirements, and that the parent’s visa allows dependants.
- Step 2: Complete the online form – The parent or legal guardian completes the appropriate application form via the GOV.UK website, ensuring all information is accurate and consistent with supporting evidence.
- Step 3: Pay the application fee and Immigration Health Surcharge (IHS) – Fees vary depending on visa type, duration, and location of application. The IHS grants the child access to NHS healthcare during their stay.
- Step 4: Book a biometrics appointment – Applicants outside the UK attend a TLScontact or VFS Global Visa Application Centre (VAC), while those applying inside the UK use UKVCAS. Fingerprints and a photograph will be taken.
- Step 5: Upload and submit documents – Documents can be uploaded online before the appointment or presented in person depending on the service provider. Clear, legible scans or originals are required.
- Step 6: Wait for a decision – Once biometrics and documents are submitted, the Home Office begins processing. Applicants receive an email notification when a decision is made, followed by an eVisa or Biometric Residence Permit (BRP).
Applicants should retain copies of all submitted forms and evidence for recordkeeping. Inconsistent or incomplete submissions are one of the most common reasons for delay or refusal.
2. Supporting Document Checklist
The Home Office’s documentary requirements differ depending on whether the application falls under Appendix FM or Appendix Children. However, most cases require a consistent set of baseline evidence.
| Document | Description |
|---|---|
| Child’s Passport | Valid passport with at least six months’ validity remaining. |
| Birth Certificate | Confirms the child’s relationship with the parent(s); must include full parental details. |
| Parent’s Immigration Status | Proof such as a Biometric Residence Permit, Home Office letter, or passport vignette. |
| Proof of Relationship | Evidence demonstrating family connection, e.g., photos, correspondence, or custody documentation. |
| Financial Evidence | Bank statements, payslips, tax returns, or savings evidence demonstrating the financial threshold is met. |
| Accommodation Proof | Tenancy agreement, mortgage statement, or landlord letter confirming suitable accommodation without overcrowding. |
| IHS Payment Confirmation | Receipt showing the Immigration Health Surcharge has been paid for the duration of the visa. |
For complex family structures or sole responsibility cases, additional documentation is required.
| Scenario | Additional Evidence |
|---|---|
| Sole Responsibility | Court orders, guardianship documents, school and medical records proving the UK-based parent makes all major decisions. |
| Step-Children | Marriage certificate linking the UK-based parent to the biological parent, and evidence of financial and emotional support. |
| Consent from Other Parent | Written consent or affidavit from the non-resident parent agreeing to the child’s relocation to the UK. |
| Medical or Welfare Cases | Reports from doctors or social services showing health or care-related reasons for relocation. |
| Translations | Certified translations for all non-English or non-Welsh documents in accordance with Home Office standards. |
3. Processing Times and Priority Services
Processing times depend on the route and location of application. Standard Home Office guidance is:
- Outside the UK (Family Route): up to 12 weeks from biometrics submission.
- Outside the UK (Work or Study Dependant): around 3 weeks for most categories.
- Inside the UK (Extension or Switch): around 8 weeks for standard applications.
Faster services are available for an additional fee where offered:
- Priority Service: decision within 5 working days (£500 additional fee).
- Super-Priority Service: decision by the end of the next working day (£1,000 additional fee).
Availability of these services varies by location and visa type. Applicants should check the GOV.UK website for up-to-date details before payment.
Section Summary
The child dependant application process is procedural and document-heavy. Each stage—from selecting the right form to presenting accurate financial, relationship, and accommodation evidence—must comply with the Immigration Rules. The correct use of Appendix FM or Appendix Children forms, coupled with complete documentary evidence and proof of payment for all required fees, will greatly improve the likelihood of a smooth approval process.
Section E: Visa Fees, Immigration Health Surcharge & Duration of Leave
The cost of bringing a child to the UK as a dependant varies depending on the route, visa length, and whether the application is made inside or outside the UK. Parents must also pay the Immigration Health Surcharge (IHS) for each child, providing access to NHS healthcare during the period of stay. Understanding these fees and the duration of leave granted is important for planning both financially and practically.
All payments are made online at the time of application and must be completed before attending the biometrics appointment. Applications without payment confirmation cannot be processed by the Home Office.
1. Visa Application Fees
The following tables summarise the standard Home Office fees for child dependant applications as of 2025. Fees are subject to periodic review under the Immigration and Nationality (Fees) Regulations, and applicants should always check the latest rates before submission.
| Route | Application Location | Fee per Child | Notes |
|---|---|---|---|
| Family Route (Appendix FM) | Outside the UK | £1,846 | For children of settled parents or those joining a parent on the partner route. |
| Family Route (Appendix FM) | Inside the UK | £1,538 | For children extending or switching status to remain with a parent in the UK. |
| Temporary Route (Appendix Children) | Outside the UK | £625 (up to 3 years) / £1,235 (over 3 years) | For dependants of work or study visa holders, such as Skilled Worker or Student visas. |
| Temporary Route (Appendix Children) | Inside the UK | £719 (up to 3 years) / £1,423 (over 3 years) | Applies to dependants of visa holders already resident in the UK. |
| Child of Settled Parent | Inside or Outside the UK | £2,404 | For children applying as dependants of a parent with Indefinite Leave to Remain (ILR). |
Priority and super-priority processing services, where available, are charged at an additional £500 and £1,000 respectively per application. These optional services are not guaranteed in all locations and may be suspended during high-volume periods.
2. Immigration Health Surcharge (IHS)
The IHS is a mandatory healthcare levy payable for each dependant child as part of the visa application. It enables access to NHS services throughout the duration of the visa. The current rate is £624 per year per child, payable upfront for the full visa term.
Example calculations:
- A three-year Skilled Worker dependant visa = £1,872 (3 × £624).
- A five-year family route visa = £3,120 (5 × £624).
Applicants must pay the IHS online before completing the visa submission. Proof of payment is automatically attached to the application, but it is advisable to retain a copy of the payment confirmation email.
3. Biometric Enrolment Fee
Applicants attending a biometric appointment must pay a separate fee of £19.20 to cover the cost of fingerprint and photograph collection. This fee applies to both in-country and overseas applications.
4. Duration of Leave Granted
The length of the visa granted to a child depends entirely on the immigration status of their parent or guardian in the UK:
- Child of a settled parent or British citizen: may be granted Indefinite Leave to Enter (ILE), which allows permanent residence with no time restriction.
- Child of a partner visa holder: receives leave in line with the parent’s visa (usually 30 or 33 months initially).
- Child of a temporary visa holder (e.g., Skilled Worker or Student): receives leave in line with the parent’s visa duration.
Once a parent becomes settled or British, the child can apply for Indefinite Leave to Remain (ILR) in line with them. Continuous residence in the UK, dependency, and compliance with immigration conditions will be assessed at the ILR stage.
Section Summary
Applying for a child dependant visa involves several layers of cost, including application fees, healthcare surcharges, and biometrics charges. The overall expense depends on the route, visa duration, and number of children. Understanding these fees upfront helps families plan and ensures there are no unexpected financial obstacles during the application process. The visa’s duration always mirrors the parent’s status, except where a settled parent enables the child to obtain ILE or ILR immediately.
Section F: Settlement, ILR & Citizenship Pathways for Child Dependants
Children granted permission to live in the UK as dependants may later qualify for Indefinite Leave to Remain (ILR) or, in some cases, Indefinite Leave to Enter (ILE). These routes provide permanent residence and form the gateway to British citizenship. The eligibility for settlement and citizenship depends on the parent’s status, the child’s age, dependency, and length of continuous residence in the UK.
Settlement is governed by different parts of the Immigration Rules depending on the parent’s category: Appendix Settlement Family Life for those under Appendix FM, and Appendix Settlement Children for dependants of workers, students, and other temporary visa holders. Applications are now made online and result in an eVisa rather than a physical BRP.
1. Indefinite Leave to Enter (ILE)
Children applying from outside the UK to join a British citizen or a parent who is settled in the UK may qualify directly for Indefinite Leave to Enter (ILE). This route is available where at least one parent holds ILR, settled status, or British citizenship, and the child meets the dependency and relationship requirements.
ILE allows the child to live in the UK permanently, with unrestricted access to education and healthcare. There is no need to extend the visa later. However, to maintain ILE, the child must not spend prolonged periods (more than two consecutive years) outside the UK, as this could lead to loss of settled status.
Where only one parent is settled, ILE can still be granted if the settled parent has sole responsibility for the child or if there are serious and compelling family considerations making exclusion undesirable under paragraph EC-C.2.1(f) of Appendix FM.
2. Indefinite Leave to Remain (ILR)
Children living in the UK on limited leave as dependants may apply for Indefinite Leave to Remain (ILR) once they complete the relevant qualifying period, usually five years of continuous residence. The child’s ILR application must align with that of the parent—either applying at the same time as the parent or after the parent becomes settled.
Eligibility criteria for ILR include:
- Continuous lawful residence in the UK for the qualifying period (typically five years);
- Ongoing dependency on the parent(s), demonstrated through cohabitation, financial reliance, and emotional support;
- The parent(s) must hold or be applying for ILR at the same time; and
- No serious immigration breaches or criminal convictions.
The Home Office applies the principles in Appendix Continuous Residence to assess whether time in the UK has been maintained without excessive absences. For dependants of temporary visa holders, absences over 180 days in any 12-month period can break continuous residence, while for family route dependants, absences are considered in light of the family’s overall circumstances.
ILR removes immigration time restrictions and grants the right to live, work, and study in the UK permanently. Once ILR is approved, the child is no longer subject to visa renewal fees or the Immigration Health Surcharge.
3. Pathway to British Citizenship
After obtaining ILR or ILE, a child may qualify for British citizenship through either registration or naturalisation, depending on their circumstances. The applicable route is governed by the British Nationality Act 1981.
The main routes are:
- Registration under Section 1(3) – for children born in the UK who were not British at birth but whose parent later becomes British or settled.
- Registration under Section 3(1) – for children under 18 living in the UK with ILR or ILE, at the Home Secretary’s discretion, based on the child’s residence, integration, and family circumstances.
- Naturalisation – for children aged 18 or over who have held ILR for at least 12 months and meet the good character and residency requirements.
Parents should be aware that children born in the UK to parents who are not British or settled at the time of birth are not automatically British citizens. These children can apply for registration once a parent becomes settled or British. The Home Office prioritises the child’s best interests under section 55 of the Borders, Citizenship and Immigration Act 2009 in all such cases.
4. Documentation for Settlement and Citizenship
Applications for ILR or citizenship require comprehensive documentation, typically including:
- Valid passport and BRP (if applicable);
- Proof of continuous residence, such as tenancy records, school attendance letters, or GP registration;
- Evidence of financial and emotional dependency on the parent(s);
- Parent’s ILR or citizenship certificate; and
- For citizenship applications, birth certificates and proof of parental status at the time of the child’s birth.
Where discretion is involved, such as under section 3(1) of the British Nationality Act, additional evidence of the child’s integration, education, and community involvement can strengthen the case.
Section Summary
Children joining parents in the UK can achieve permanent settlement through ILR or ILE once eligibility conditions are met. The five-year continuous residence route typically applies, but direct ILE may be available from overseas for children of settled or British parents. Once settled, children may qualify for British citizenship through registration or naturalisation, providing full integration into UK life. Accurate documentation of residence, dependency, and family ties is vital to demonstrate eligibility and ensure a smooth transition from temporary leave to permanent status.
Section G: Special Circumstances – Step-Children, Sole Responsibility & Compelling Family Factors
While many applications under the child dependant route are straightforward, some involve complex family circumstances. These include cases involving step-children, sole parental responsibility, or serious and compelling family situations that justify the child’s relocation to the UK. The Home Office applies detailed welfare-based assessments to ensure that the child’s best interests are upheld, consistent with section 55 of the Borders, Citizenship and Immigration Act 2009.
1. Step-Children
Step-children may qualify under Appendix FM or Appendix Children where the UK-based parent has legal or primary responsibility for their upbringing. The Home Office will expect detailed evidence showing that the UK-based parent is involved in daily decision-making and financial support.
Required documentation generally includes:
- A marriage or civil partnership certificate showing the relationship between the UK-based parent and the child’s biological parent;
- Proof of financial responsibility, such as bank transfers, remittances, or shared tenancy agreements;
- Letters from schools, doctors, or other organisations confirming the UK-based parent’s active role in the child’s care; and
- A written consent statement from the other biological parent confirming agreement for the child to reside in the UK, where applicable.
Where the other biological parent remains overseas and still shares parental responsibility, written consent is generally required. If consent cannot be obtained, the applicant must explain why and provide evidence that relocation is in the child’s best interests, supported by legal or welfare documentation if possible.
2. Sole Responsibility
In cases where only one parent resides in the UK, the application must establish that this parent has sole responsibility for the child’s upbringing. The Home Office interprets sole responsibility as the UK-based parent having control and authority over major aspects of the child’s welfare, even if day-to-day care is provided by someone else abroad.
Evidence to prove sole responsibility can include:
- Official custody or guardianship orders granting the UK-based parent legal authority;
- Letters from schools, healthcare providers, or local authorities showing the UK-based parent makes decisions about the child’s welfare;
- Proof of regular financial support from the UK-based parent, such as bank statements or remittance records; and
- Correspondence demonstrating that the parent abroad defers to the UK-based parent on major issues.
Caseworkers will assess both legal responsibility and the practical exercise of control. Occasional involvement by the other parent does not necessarily disqualify the claim, provided the UK-based parent remains the primary decision-maker. Sole responsibility is a high evidential threshold; weak or partial evidence often results in refusal.
3. Serious and Compelling Family or Other Considerations
Where sole responsibility cannot be established, the Immigration Rules provide an alternative basis for approval if there are serious and compelling family or other considerations that make refusal undesirable. This provision ensures that a child’s welfare is prioritised, even in complex family circumstances. It is found in paragraph EC-C.2.1(f) of Appendix FM and reflected in policy for Appendix Children applications.
Examples of serious and compelling circumstances include:
- Absence of suitable care in the child’s home country, such as where no family or guardian can look after them;
- Significant medical conditions that can only be treated effectively in the UK;
- Risk of harm, neglect, or unsafe living conditions abroad; and
- Social instability, conflict, or educational deprivation in the child’s home country.
To substantiate such claims, strong independent evidence is required, such as medical reports, social services assessments, or welfare letters from local authorities. Decision-makers assess these cases holistically, taking into account all available evidence, the child’s needs, and the parent’s ability to provide adequate care in the UK.
4. Human Rights and Welfare Considerations
All decisions on child dependant visas must take into account the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children. This includes assessing whether refusal would breach Article 8 of the European Convention on Human Rights, which protects family and private life.
Where the strict requirements of the Immigration Rules cannot be met, an application may still succeed outside the Rules on human rights grounds if refusal would disproportionately affect the child’s welfare. Applicants should submit full details of the child’s dependency, emotional connection, and welfare circumstances to enable caseworkers to make an informed decision.
Section Summary
Special cases involving step-children, sole responsibility, or compelling family factors are scrutinised closely by the Home Office. Each requires detailed, credible evidence demonstrating dependency, parental authority, and the child’s best interests. The welfare of the child is the central consideration, and successful applications rely on a combination of legal documentation and supporting statements that establish genuine responsibility and care. Where sole responsibility cannot be shown, strong evidence of compelling family circumstances or human rights grounds may still lead to approval.
Section H: Common Issues, Refusals & Practical Tips
Applying for a child dependant visa can be complex, with small errors often leading to significant delays or refusal. The Home Office expects complete, consistent, and well-organised submissions supported by evidence that satisfies every rule within Appendix FM, Appendix Children, or Appendix Finance. Understanding the most common challenges and how to address them helps families prepare a stronger and more efficient application.
1. Frequent Causes of Refusal
Several recurring issues account for most refusals in child dependant visa applications. Being aware of these and preparing proactively can prevent costly reapplications or appeals.
- Missing or incomplete documentation: Failure to include essential evidence such as birth certificates, financial records, or proof of accommodation is a leading cause of refusal. Home Office caseworkers are not required to request missing items and may refuse the application outright.
- Inconsistencies in information: Differences between names, dates of birth, or addresses across documents can raise credibility concerns. Applicants should ensure total consistency in all paperwork, including translations.
- Financial requirement not met: Insufficient income or savings, or incorrect evidence under Appendix FM-SE, frequently results in rejection. Bank statements and payslips must align precisely with Home Office formats and timescales.
- Unclear proof of parental relationship: Weak evidence of the relationship, particularly in step-child or sole responsibility cases, often leads to refusals. Clear documentation such as custody orders, legal guardianship confirmation, and consistent communication records are vital.
- Unsuitable accommodation: The Home Office requires proof that the child will live in housing free from overcrowding. Vague or unsupported accommodation claims can result in refusal.
2. Strengthening the Application
Preparation and clarity are essential. The Home Office’s approach is evidence-based, and well-structured applications are less likely to face delays or additional information requests.
- Organise documents logically: Present evidence in clear categories—identity, relationship, finances, accommodation—mirroring the order used in the online form or checklist. Upload files clearly labelled to correspond with each section.
- Provide a covering statement: A short letter explaining the family circumstances, dependency, and how all requirements are met can help the caseworker navigate the evidence.
- Use certified translations: All non-English or non-Welsh documents must include certified translations confirming accuracy and translator credentials.
- Check expiry dates: Ensure passports, tenancy agreements, and payslips cover the correct periods and remain valid throughout processing.
- Prepare for biometrics: Attend the appointment with all documents, payment confirmations, and a copy of the application. Missing paperwork can delay decision-making.
3. Dealing with Refusals
If a child dependant application is refused, the refusal notice will state the reasons and whether the applicant has a right of appeal or administrative review. Under Appendix FM, most refusals attract a right of appeal on human rights grounds under Article 8 of the European Convention on Human Rights (ECHR). For Appendix Children dependants (temporary visa routes), the right is typically limited to administrative review unless a human rights claim has been raised.
Common refusal reasons include inadequate evidence of dependency, insufficient finances, or doubts about the child’s best interests being served by relocation. Applicants can either:
- Submit an appeal – if available, within 14 days (in-country) or 28 days (out-of-country) of the decision;
- Request administrative review – if the refusal was due to a case-worker error in applying the law or policy; or
- Reapply with stronger evidence – addressing each issue raised in the refusal notice.
For appeals under Article 8, it is important to demonstrate the proportionality of the child’s exclusion, focusing on their welfare and the family’s inability to maintain meaningful contact if separated.
4. Practical Tips for Success
Successful applications typically share several characteristics. Families should aim to meet these practical standards:
- Start preparing early to gather at least six months of financial and relationship evidence.
- Ensure all documents align with Appendix FM-SE and Appendix Finance requirements.
- Keep evidence consistent across all family members’ applications if applying together.
- Demonstrate the child’s integration and dependency, particularly if they are older or have lived apart from the parent.
- Retain full copies of every submission and payment confirmation for future extensions or ILR applications.
5. Human Rights Considerations in Refusals
Even if an application fails under the Immigration Rules, the Home Office must still consider whether refusal would breach the applicant’s human rights under Article 8 ECHR. In practice, this involves balancing immigration control against the right to family life, particularly where the applicant is a minor. Evidence of strong emotional dependency, lack of alternative care, or significant welfare risks can be persuasive grounds for success on human rights considerations even where the strict requirements of the Rules are not met.
Section Summary
Child dependant visa refusals commonly result from incomplete evidence or misunderstanding of eligibility and financial criteria. Families can minimise risk by ensuring full compliance with the Immigration Rules, maintaining consistent documentation, and focusing on the child’s welfare and dependency. In refusal cases, appeals or reapplications can succeed with improved documentation and a clear focus on human rights and the child’s best interests.
Section I: FAQs, Conclusion, Glossary & Useful Links
1. Frequently Asked Questions (FAQs)
What is a Child Dependant Visa?
A Child Dependant Visa allows a child from overseas to live in the UK with a parent or guardian who is settled, British, or holds an eligible temporary visa. It is part of the family or dependant categories of the Immigration Rules, depending on the parent’s status.
Who is eligible to apply?
A child under 18 who is financially and emotionally dependent on their parent, unmarried, and not leading an independent life can apply. The parent must hold British citizenship, Indefinite Leave to Remain (ILR), or a visa that allows dependants, such as the Skilled Worker or Student visa.
Does the child automatically become British?
No. A child born outside the UK or to non-British parents does not automatically become British. They can apply for citizenship after obtaining ILR or ILE, or register under section 1(3) of the British Nationality Act 1981 once a parent becomes British or settled.
How long does the visa last?
The child’s visa length mirrors the parent’s. For family route applications, initial permission is usually granted for 30 or 33 months, renewable until settlement. For dependants of temporary visa holders, the visa matches the parent’s duration.
Can the child study in the UK?
Yes. Child dependants can attend state or private schools in the UK without needing a separate Student visa, and they enjoy the same educational rights as UK-resident children.
Can the child work in the UK?
Children under 16 cannot work. Older dependants (aged 16–17) may work part-time or in limited roles in line with UK child employment laws, but their main purpose in the UK should remain family unity and education.
What are the main reasons applications are refused?
The most common reasons are missing evidence, inconsistent documents, failure to meet the financial requirement, or lack of proof of parental responsibility or accommodation.
Can a child apply for ILR?
Yes. After five years of continuous residence in the UK and provided their parent holds or is applying for ILR, a child can apply for Indefinite Leave to Remain.
What happens if one parent is abroad?
If only one parent lives in the UK, the applicant must prove that the UK-based parent has sole responsibility for the child or that there are serious and compelling reasons for the child to live in the UK.
How long does it take to process a child dependant application?
Applications made outside the UK usually take up to 12 weeks, while in-country applications generally take around 8 weeks. Priority and super-priority options can shorten this to 5 days or 24 hours, respectively, where available.
2. Conclusion
The child dependant route plays a vital role in keeping families united under UK immigration law. While the terminology may differ between Appendix FM and Appendix Children, the underlying objective remains the same: to protect the welfare and stability of children dependent on parents in the UK. Success depends on detailed preparation, consistent evidence, and a clear demonstration of dependency, accommodation, and financial capability.
Parents should be meticulous in aligning their application with the correct appendix, ensuring that every document meets the evidential standards set out in Appendix FM-SE or Appendix Finance. Where complex circumstances exist—such as step-children, sole responsibility, or humanitarian factors—additional supporting evidence should be submitted to prove the child’s best interests are served by relocation to the UK.
With careful planning and accurate compliance with the Rules, most families are able to achieve successful outcomes that secure the long-term future of their children in the United Kingdom.
3. Glossary
| Term | Definition |
|---|---|
| Appendix FM | Part of the Immigration Rules covering family life visas, including partners, parents, and children of settled or British citizens. |
| Appendix Children | Rules governing dependant children of migrants on temporary routes such as Skilled Worker, Student, or Global Talent. |
| Indefinite Leave to Remain (ILR) | Permanent permission to live in the UK without time restrictions or further visa renewals. |
| Indefinite Leave to Enter (ILE) | Permanent residence granted to children applying from overseas, equivalent to ILR on arrival. |
| Sole Responsibility | When one parent has full decision-making authority for a child’s welfare, even if the child lives abroad. |
| Serious and Compelling Circumstances | Situations where refusal of a visa would significantly harm a child’s welfare, justifying approval outside strict Immigration Rules. |
| Immigration Health Surcharge (IHS) | A fee paid with the visa application to access the National Health Service during the visa’s validity. |
| Appendix FM-SE | The section of the Immigration Rules specifying the evidence required to meet financial thresholds for family visas. |
| Appendix Finance | Part of the Immigration Rules setting maintenance and financial requirements for dependants under work or study routes. |
| Entry Clearance | Permission to enter the UK granted before travel, usually for applicants outside the UK. |
| Continuous Residence | The qualifying period of lawful stay required to apply for ILR, usually five years without excessive absences. |
| Article 8 ECHR | The right to respect for private and family life under the European Convention on Human Rights, often relevant in family visa decisions. |
4. Useful Links
| Resource | Link |
|---|---|
| UK Government – Family visas: apply, extend or switch | https://www.gov.uk/uk-family-visa |
| Appendix Children – Home Office Immigration Rules | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-children |
| Dependent family members in work routes – guidance | https://www.gov.uk/government/publications/dependent-family-members-in-work-routes-immigration-staff-guidance |
| Appendix FM-SE – Financial evidence requirements | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence |
| British Citizenship for children – GOV.UK guidance | https://www.gov.uk/apply-citizenship-british-parent |
| DavidsonMorris – Child Dependant Visa UK | https://www.davidsonmorris.com/child-dependant-visa-uk/ |
Section Summary
The child dependant route ensures that families can live together in the UK while maintaining compliance with immigration and financial rules. Understanding how Appendix FM and Appendix Children interact, and preparing accurate evidence to satisfy every requirement, are key to success. Once the child joins their parent, the route provides a clear path to long-term settlement and British citizenship, safeguarding the child’s stability and future in the United Kingdom.
