Guidance - Family members (INF 6)
Last
updated 27 November 2008 This
guidance explains what you will need to do if you want to live in the United Kingdom (UK) with relatives already living there,
and what the Immigration Rules say. It is only a guide but it aims to answer some common questions. If you want to come to the UK as the family member of someone who is not settled in the UK, for example a work permit
holder, please read the appropriate guidance on this website. Can I go to live with my parents in the UK as a child? How can I qualify to
join my parents in the UK? Can an adopted child go to the UK? Can parents, grandparents
and other dependent relatives go to live in the UK? What if my relative has been recognised as a refugee or has
been granted exceptional leave to live in the UK? What is a visa? What are visa application
centres? What is 'biometric' information? What supporting documents should I include with my application? What does 'present and settled' mean? What will happen when I make my application? What are public funds? How long can I stay with my parents in the UK? How long can I stay
with my children, grandchildren or other relatives in the UK?
Can I go to live with my parents in the UK as a child?
You can apply to join your parents in the UK if: your parents live in the UK legally, with no time limit on
their stay, or they are applying at the same time as you one parent is living and settled in the UK or is applying for settlement at the same time as you, and has had sole
responsibility for looking after you your
parents can support you without help from public funds your parents have enough accommodation, which they own or live in, where you can live without help from public funds,
and you are their child.
For all of the above, ‘parent’ includes a step-parent
where the father or mother is dead, either the father or mother of an illegitimate child and, in certain circumstances, an
adoptive parent.
How can I qualify to join my parents in the UK?
You, or your parent, must show that you: are under 18 years of age, and cannot support yourself financially, are not married or in a civil partnership
and are not living independently away from your parents.
A child cannot normally go to live in the UK if one parent is living abroad, unless the parent in the UK has sole
responsibility for the child, or if there are special reasons why the child should be allowed to join the parent in the UK. You must get a visa before you travel to the UK.
Can an adopted child go to the UK?
You can get information on how an adopted child can go to the UK in our Adopted children (INF 7) guidance.
Can parents, grandparents and other dependent relatives go to live
in the UK?
If you are a widowed parent or grandparent
aged 65 or over, or parents or grandparents travelling together and one of you is 65 or over, you may qualify if: you are completely or mainly financially dependent on children
or grandchildren living and settled in the UK you have no other close relatives in your own country to help you your children or grandchildren can support you without needing help from public
funds, and your children or grandchildren
have enough accommodation, which they alone own or live in, where you can live without needing any help from public funds.
If you are a parent or grandparent
under the age of 65, you may qualify if: you
are living in the most exceptional compassionate circumstances you are completely or mainly financially dependent on children or grandchildren living and settled in the UK you have no other close relatives in your own country to
help you your children or grandchildren
can support you without needing help from public funds, and your children or grandchildren have enough accommodation, which they alone own or live in, where you can live without
needing any help from public funds.
If
you are over 18 and have a parent settled in the UK, or if you are a sister, brother, aunt, uncle or any other relative of
a person settled in the UK, you may qualify if you meet the conditions listed in the previous paragraph and you are living
alone in the most exceptional compassionate circumstances.
What if my relative has been recognised as a refugee or has been
granted exceptional leave to live in the UK?
If you
are the wife, husband, civil partner, unmarried or same-sex partner of a person granted refugee status in the UK, you and
your dependent children under 18 may qualify for entry clearance under ‘Family reunion’. (Family reunion is the
term used where a person applies to join someone already in the United Kingdom who has been granted refugee status or humanitarian
protection as their husband, wife, civil partner, unmarried or same-sex partner, or child under 18). You and your dependent child under 18 may qualify for entry clearance under 'Family
reunion' if: your husband, wife,
civil partner, unmarried or same-sex partner has been given full refugee status in the UK your husband, wife or civil partner has been granted 'humanitarian protection'
after 30 August 2005 and you can show that: you were married or you entered into a civil partnership recognised in the UK before your wife, husband or civil
partner left to seek asylum or humanitarian protection in the UK, and you and any dependants intend to live together.
If your wife, husband or civil partner has been granted refugee status or humanitarian protection in the UK after
30 August 2005, they will not need to show that they can support you and pay for your living arrangements. Other dependent relatives (such as parents) do not qualify for entry clearance
under ‘Family reunion’ but we may allow them to join their relative if there are exceptional compassionate circumstances. If your sponsor has exceptional leave to remain in the UK,
or has been granted ‘Humanitarian protection’ before 30 August 2005 or has been granted ‘Discretionary leave
to remain’, you cannot normally apply to join them until they have been granted permission to stay in the UK permanently
(indefinite leave to remain or ILR). You can get more information about refugee status, exceptional leave, discretionary leave
and humanitarian protection from the UK Border Agency. Their contact details are under 'More advice and information' at the
end of this guidance.
What is a visa?
A visa is a certificate that is put into your passport or travel document by an Entry Clearance Officer at
a British mission overseas. The visa gives you permission to enter the UK. If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed,
or you gave false information or did not tell us important facts when you applied for your visa. When you arrive in the UK, an Immigration Officer may ask you questions, so take
all relevant documents in your hand luggage.
What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs
are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each
VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this
leaflet) along with the relevant fees, and provide unbiased, face-to-face advice on the application process, including whether
or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your
application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are
required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process. You will have to go to your nearest visa application centre
in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to
the British mission. Your visa application will
not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do
not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure
should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna),
or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have
any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs
must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural
or religious reasons but the face must not be covered).
What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for
entry to the UK to live with relatives. If you do not, we may refuse your application. As a guide, you should include the following: Your original birth certificate (if applying to join your parents in the UK). Evidence that your sponsor (the relative you are applying
to join) is settled in the UK, such as a certified copy of their passport or registration certificate. Recent bank statements or savings books for your sponsor
and evidence of your sponsor's employment in the UK, which could include payslips to show what financial support you have.
Evidence of your accommodation,
such as a mortgage agreement or rental agreement, and evidence that you and your dependants can stay in this accommodation
if it is rented or provided by your local authority.
If you are applying as the parent, grandparent or other dependant relative of someone already present and settled
(see the next section) in the UK, you should ask your sponsor to fill in a sponsorship undertaking form below and include
this with your application. By signing the undertaking form, your sponsor confirms that they will be responsible for your
living expenses and accommodation during your stay in the UK, and won't need any support from public funds. Sponsorship undertaking form In some cases the Entry Clearance
Officer (ECO) may ask you and your relatives to take a DNA test to prove that you are related to each other. We will refuse your application if we find
that any documents are false.
What does 'present and settled' mean ?
'Settled' means being allowed to live in the UK lawfully, with no
time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time
we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you,
and plans to live with you in the UK if your application is successful.
What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application
form and the supporting documents you have provided. If this is not possible, they will need to interview you. Please check your visa when you get it. You should make sure
that: your personal details are correct
it correctly states the purpose
for which you want to come to the UK, and it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months
if you do not plan to travel immediately).
If you think there is anything wrong with your visa, contact the visa section immediately.
What are public funds?
Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live
without claiming certain benefits. A full list of public funds is available on the UK Border Agency website. You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
How long can I stay with my parents in the UK?
If both of your parents are settled in the UK, or if one
parent already settled in the UK has sole responsibility for you, we will normally allow you to stay in the UK permanently
from the date that you arrive. If you travel
to the UK with one or both of your parents, we will normally give you permission to stay in the UK for the same length of
time as they are given.
How long can I stay with my children, grandchildren or other relatives
in the UK?
If you have a visa for
settlement to travel with or join a relative, we will allow you to stay permanently in the UK from the date that you arrive.
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