A Guide to Bringing Your Child to the UK on a Dependent Visa

If you’re a British citizen living abroad and wish to bring your child to the UK, or if you’re already in the UK with either limited or indefinite leave to remain and want your children to join you, the UK Immigration Rules have provisions for this. These rules enable children to join their parents in the UK as ‘dependent children.’

UK Entry Clearance

The rules for bringing your child to the UK depend on your immigration status. Whether you have limited leave to remain or indefinite leave to remain (ILR), different requirements apply.

If you have or are applying for limited leave to remain in the UK, the entry clearance requirements for your child under a dependent child visa are:

• The child must be under 18 years old at the time of application.
• The child must not be married or in a civil partnership.
• The child must not have formed an independent family unit.
• The child must not be leading an independent life.
• Your current partner must be the child’s other parent, or you must have sole responsibility for the child’s upbringing.

Immigration Rules: Part 8

If you have been granted Indefinite Leave to Remain (ILR) or are a British citizen and want your child to join you in the UK, you will need to comply with Part 8 of the Immigration Rules.

Proving Sole Responsibility

One key requirement for bringing a child to the UK is demonstrating that the parent has “sole responsibility” for the child’s upbringing. This means that the parent inviting the child to the UK must have primary control and decision-making authority over the child’s welfare and upbringing.

“Sole responsibility” is not merely a legal term but a practical assessment of who actually takes care of the child. This responsibility might have been shared with others, such as relatives or friends, due to geographical separation, but what matters is whether the parent in the UK makes all the major decisions concerning the child’s life.

The Evidential Burden

To successfully apply for a UK child dependent visa, you must provide clear evidence that all the immigration requirements are met. This includes demonstrating financial and emotional support, regular communication, and any reasons why it would be undesirable for the child to be excluded from joining you in the UK.

Applying for Indefinite Leave to Remain for a Child

For children to be granted indefinite leave to remain, they must meet the criteria outlined in Immigration Rule 298. Applications are considered in circumstances such as:

• Both parents are present and settled in the UK.
• One parent is present and settled in the UK, while the other parent is deceased.
• One parent is present and settled in the UK and has sole responsibility for the child, or the child lives only with this parent.
• One parent or relative is present and settled in the UK, and there are compelling reasons that make the child’s exclusion undesirable, with appropriate care arrangements in place.

The best interests of the child, as outlined in the case of ZH (Tanzania) v SSHD [2011], play a crucial role in these decisions, ensuring that any action taken is in alignment with the child’s welfare.

Adoption and Immigration

Adopted children or those under a ‘kefalah’ arrangement also have pathways to join their adoptive or guardianship parents in the UK. Different types of adoption recognized under UK law include:

• UK and islands adoption orders.
• Hague Convention adoption orders.
• Overseas adoptions recognized under UK law.
• Foreign adoptions recognized under the High Court’s jurisdiction.

UK law also recognizes ‘de facto’ adoptions, where individuals have cared for a child outside the UK for at least 18 months. However, these do not grant parental responsibility under UK family law but are still valid for immigration purposes.

Understanding Kefalah and Guardianship

Kefalah, an Islamic guardianship order, provides a way for guardians to care for a child under an arrangement similar to adoption, but without creating a legal parent-child relationship. These arrangements can be recognized in the UK for immigration purposes, provided they meet certain criteria.

Hague Convention Adoptions

Adoptions recognized under the Hague Convention are automatically acknowledged across all contracting states, provided they adhere to specific procedures. A child adopted under the Hague Convention acquires British citizenship if at least one adopter is a British citizen and is habitually resident in the UK.

Read also: Top 3 Places to see in London, UK, London Tour

Child-Dependent Visas – When Joint Parental Responsibility Breaks Down

We have assisted siblings who were living with their father abroad. The mother claimed that the children were experiencing emotional and physical abuse by the father and argued that it would be in their best interests to join her in the UK. The Home Office initially refused the child dependent visa application.

However, after reviewing the case, the Judge found the mother to be a credible witness and gave significant weight to her testimony. Although the evidence did not establish sole responsibility, this was an unusual case. The mother and her ex-husband had previously cooperated in raising the children, indicating joint responsibility.

This arrangement later deteriorated, with the ex-husband starting to make unilateral decisions regarding the children. For instance, the mother offered to cover the children’s educational expenses, but the father refused the financial help. The Judge assessed that the father’s actions were against the best interests of the children. He even removed them from school partly due to financial constraints.

Although the circumstances didn’t fully align with established case law, these factors were crucial for the Judge’s consideration. We also submitted an expert report on the children’s welfare, which the Judge found deeply concerning.

Expert Report

The expert report included allegations from the children about the father administering severe punishments. While the Judge acknowledged cultural differences in parenting styles, he deemed the accounts of abuse as alarming. It was evident that the physical abuse exceeded any acceptable form of discipline, and it was not in the children’s best interests to remain in such an environment.

The case was further complicated because we managed to obtain a statement from the ex-husband, detailing his relationship with the children. This statement helped the Judge conclude that the home environment was not suitable for the children’s well-being. It was also acknowledged that the situation worsened during the pandemic, with the Judge considering the “pressure cooker” circumstances of repeated lockdowns, the impact on household incomes, and the overall effect on children’s welfare, both in the UK and abroad.

The Judge ultimately found that the children had been subjected to emotional and physical abuse and that their best interests were to join their mother in the UK. The case was won under the principle established in the Mundeba case, which recognizes that there are serious and compelling family and other considerations making the exclusion of the children undesirable.

Also Read: Why Should You Consider Booking a Airport Taxi?

Recognized Overseas Adoptions

Overseas adoptions from countries on the designated list are automatically recognized in the UK, provided they meet the statutory requirements. This allows the adopted child to enter the UK under specific immigration rules for dependent children.

By understanding the various pathways and requirements for bringing a child to the UK, parents can better prepare for the application process and ensure they meet all necessary legal obligations.