In order to be eligible for the offers, you must instruct us using the same email address used during the sign-up for the newsletters.
The email address must remain the same and used to liaise until the matter closure.
You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
Please enter your email address:
Covid-19 business update
Business Updates:*
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Under
UK immigration law, a child is considered a dependant when they are under the
age of 18, neither unmarried nor in a civil partnership, are not leading an
independent life and do not have a family of their own.
Can I Get A Visa for My Child?
In
most cases, the Home Office grants child dependant visas on the condition that
both parents reside within the United Kingdom. Should only one of the child’s
parents live in the UK, evidence must be provided to confirm that the UK-based
parent has sole responsibility for the child (or children).
If
one of the child’s parents lives in the United Kingdom and the other overseas,
though the UK-based parent cannot prove they are the sole guardian of the
child, evidence must be provided as to why the exclusion/deportation of the
child is against his or her best interests. Across the board, the applicant
must be able to provide evidence of childcare arrangements.
Legal
criteria regarding the maximum age of children who can be considered dependants
differs for EEA and non-EEA applicants. EEA nationals may apply for child
dependant visas for individuals as old as 21, whereas applications from non-EEA
nationals are restricted to children under the age of 18.
The
status of ‘dependant child’ does not apply in any instances where the
individual concerned has formed their own independent family unit, is leading
an independent life or is not financially dependent on their settled UK-based
parent.
Where
custody of a child is shared between two parents – one residing in the United
Kingdom and one overseas – child dependant visa applications become more
complex. In order to qualify, the UK-based parent must provide evidence that
they were solely responsible for the upbringing of their child, without the
help and support of the second overseas parent.
Due
to the complications and sensitivities inherent with family visa issues, it’s
important to speak to an experienced immigration lawyer to discuss the options
available. There may be multiple avenues to explore, in accordance with the
specifics of your case and your objectives.
Child
dependant visa applications and United Kingdom fall into three primary
categories are as follows:
Dependent
Children of a person present and settled in the UK
Dependent
Children of a person who has limited leave to remain in the UK
Dependent
children of an EEA national exercising EC Treaty Rights in the UK
Dependent
Children of a Person Present and Settled in the UK
Where
a child’s parent is a settled individual in the UK, an application can be
submitted to legally allow the child to join their parent with indefinite leave
to remain. For such a visa application to be accepted, several important
conditions must be met including:
1.
The UK-based parent must be a British citizen or a legally settled individual
in the United Kingdom; or both parents are applying for settled status at the
same time; or
One of the parents
must be a settled person in the UK and is currently resident in the UK; or
One of the parents
is a present and settled individual in the UK or is in the process of
applying for settled status and the second parent is deceased; or
One of the parents
is a present and settled individual in the United Kingdom or is in the
process of applying for settled status and the second parent was
responsible for the child’s upbringing; or
One of the parents
is a present and settled individual in the United Kingdom or is in the
process of applying for settled status and there are conditions that can
be proven which make the deportation or exclusion of the child undesirable
and sufficient childcare arrangements have been made.
2. The child has not yet reached 18 years of
age, is neither married nor in a civil partnership, is not leading an
independent life and does not have their own family.
3. The child can be appropriately accommodated
and cared for financially with no requirement to rely on public funds
(benefits/social welfare).
The
sole responsibility principle is adhered to strictly by the Home Office in the
UK. If an application for a child dependant visa is based entirely or partially
on sole responsibility, any input or interference on the part of the second
parent would contravene the principle and represent shared responsibility.
It
is not uncommon for Entry Clearance Officers to view the sole responsibility
principle as a binary ‘black or white’ issue. Hence, if there is any evidence
whatsoever of shared responsibility for the child’s upbringing, it could have a
significant impact on the child’s eligibility for a visa.
Contact
the team at Aristone Solicitors today to discuss the specifics of your case in
more detail.
Dependent
Children of a Person who Has Limited Leave to Remain in the UK
Individuals
who have been granted limited leave to remain in the United Kingdom may also
apply for visas to enable their dependants to join them for the duration of
their stay. This applies primarily to individuals with longer-term visas and
cases are only considered where the dependent child in question is under the
age of 18.
The
visa granted to the dependent child will be limited in accordance with the
duration of their parent’s leave to remain. If their parent’s visa allows for
extension applications to be submitted, the same privilege will usually be open
to the dependent child.
If
a dependent child passes the upper age limit of 18 years while in the UK during
their limited leave to remain, they are still classified as dependants and can
apply to have their visa extended in accordance with their parent’s leave to
remain. This clause remains valid for as long as the dependent child remains a
part of their parent’s household.
All
children granted access to the UK on a child dependant visas gain access to
many of the rights and privileges of children born in the UK. Examples of which
include free state healthcare and education. However, a child dependant visa
excludes the respective child or children from claiming benefit payments or
financial support sourced from public funds of any kind.
Dependent
Children of an EEA National
For
EEA nationals, dependant child visas can be issued for qualifying individuals
up to the age of 21. Once again, official legislation states that the child
dependant must not be married or have entered into a civil partnership, have
started a family of their own, be living an independent life or be financially
independent.
Under
the terms of the EEA treaty, applications will be considered in accordance with
the EEA national’s employment status and whether or not they are claiming
benefits in the UK.
An
EEA family permit can be applied for in instances where the child is not an EEA
nation, which is typically valid for a period of six months. For the child to
extend their leave to remain in the United Kingdom, they would need to
subsequently obtain an EEA residence card.
After
residing legally in the United Kingdom for a minimum of five consecutive years,
the child will have the opportunity to apply for permanent residence. To
qualify, the child must be with the parent sponsoring their application for the
duration of their stay.
Child Dependant Visa Lawyers in Luton
Here
at Aristone Solicitors, we understand the sensitivities that accompany
immigration and legal issues involving children. We also acknowledge the
importance of bringing every case a prompt and amicable resolution. Our
commitment to bespoke legal services to suit all requirements and budgets
enables us to maintain an unbeatable success rate with even the most
challenging immigration applications.
Book
your obligation-free initial consultation with one of our experts today to discuss
the available options. Whether planning ahead or already in the midst of an
immigration application, we’re standing by to offer our full support.
This glossary has been designed to provide a brief yet informative overview of some of the most common terminology you may encounter in immigration law. However, the terms set out below are not to be interpreted as comprehensive legal advice or guidance, but instead a simplified definition of the respective terms. Contact a member of […]
The Tier 1 Entrepreneur visa is designed for individuals planning to start a UK business from scratch, take over an existing business or invest in a business they are already involved with in some way. The most important requirement to qualify for a Tier 1 Entrepreneur visa is access to a minimum of £200,000 (£50,000 […]
An EEA Registration Certificate is a formal document confirming the right of an EEA national to legally reside in the United Kingdom under the terms of the EEA treaty. This means that the individual in question must be officially classified as working, self-sufficient; self-employed, a jobseeker or a student with full health insurance. While it […]
This website uses cookies to give you the best user experience, for analytics, and improvement of functionalities of this website and third party sites. You can learn more about our use of cookies and similar technologies and your choices by reviewing our Cookies Policy. By clicking "I agree" you agree to our use of cookies and similar technologies. I agreeReject
Cookie policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
We are still open for business
Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Brexit
Call us to discuss on below trending topics:
Ankara Agreement Set to End with Brexit on December 31 – read more
Application process and deadline dates for EU Settlement Scheme
Travelling to the EU – What you need to do to travel to Europe from 2021
Continue living and working in the EU – What you need to do to stay in the UK
Other
Call us to discuss about:
Writing a Will: Considerations in Times of Crisis – read more
UK Innovator Visa Overview and Eligibility – read more
What to do when someone has died?
Guidance for visa applicants in the UK and abroad
Got a question?
We are glad that you preferred to contact us. Please fill our short form and one of our friendly team members will contact you back.
Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Learn more about our exclusive services we offer to businesses impacted by Covid-19:
In order to be eligible for the offers, you must instruct us using
the same email address used during the sign- up for the newsletters.
The email address must remain the same and used to liaise until the matter closure.
You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
Subscribe to our newsletter for a FREE WILL, and get 10% off Residential conveyancing fees*,