Moving to permanent residence in the United Kingdom is not an easy matter. What options exist for moving under the family reunion category? This category is the family visa to the United Kingdom. There are several types of UK family visas.
- Which visa to apply for
- Preparation of document packages
- Assistance at all stages
Family immigration to the United Kingdom
Spouse reunification by spouse visa. This type can be applied for by applicants who are citizens of the United Kingdom or have Indefinite Leave to Remain (ILR). The visa allows the spouse to work, study and run a business without any restrictions. This visa is issued for exactly 2.5 years and after this period it must be extended for another 2.5 years so that the total period is 5 years. That is, you live in the country for a full 5 years as the spouse of a UK citizen or a person who has permanent residence. Accordingly, after 5 years you can apply for permanent residence. And immediately after obtaining it you can apply for British citizenship.
There are several requirements to obtain this type of visa:
- Financial requirement: the combined income must be at least £18,600 per year for one applicant. That is, this amount must be shown by the sponsor (husband/wife), or it is possible to combine incomes for the past year.
- English language level. According to the CEFR (Common European Framework of Reference) – level A1 when applying for the first visa, level A2 when extending this visa, and B1 when obtaining permanent residence and British citizenship. If the applicant has confirmed level B1 when obtaining the first visa, the obtained certificate can be used for all subsequent applications.
- Genuineness of the relationship. Sham marriages are a criminal offence in the UK. Therefore you must prove a certain set of criteria that show your marriage is genuine. As evidence you can provide – utility bills, joint household management, insurance documents, jointly purchased property, holidays, participation in childrearing, everything that a family living together would have.
Fiancé/fiancée visa, which is issued for 6 months to get married. The visa is divided into two types. The first type allows entering the UK, getting married, leaving the country and applying for a spouse visa from outside the UK. The second type, the so-called Fiance Visa, allows getting married within the UK and, without leaving, applying for a spouse visa. The fiancé/fiancée visa does not give the right to work in the United Kingdom.
Main requirements for obtaining the visa:
- the intending spouses must be at least 18 years old,
- the sponsor (a UK citizen or someone with leave to remain) must meet the financial requirements (confirm an income of at least £18,600 per year),
- the applicant meets the required English level (A1 on the CEFR),
- a genuine relationship.
Visa for dependent relatives. The status of the inviting party is important – they must be a citizen of the United Kingdom or a person with settled status in the UK, who have the right to invite for permanent residence a father, mother, grandmother, grandfather or other close relatives, while confirming that they require or will be provided with long-term care.
The visa officer needs to be presented with strong evidence that:
- the applicant or the sponsoring party requires long-term care to perform everyday personal and household tasks due to illness, disability or age,
- a certain level of medical care for the relatives is not available in their country of residence,
- the inviting sponsor in the UK will be able to support and care for the relatives without relying on public funds and benefits,
- to confirm the financial situation of one of the parties.
The most difficult part of obtaining the visa is compiling the evidential base proving the need for care due to illness or disability. You should provide visa officers with medical documents or documents from social services stating that the relatives are unable to perform everyday and domestic functions.
Visa for reuniting children with parents residing in the UK. For reunification, attention must be paid to the following aspects:
- prove that they are genuinely needed by the child as a parent and that the child cannot live without them,
- the child must be under 18 years old,
- the child does not live independently and does not have his/her own family,
- the child will be provided with necessary living and financial conditions (income for a family of three must be at least £22,400 per year).
Visa for parents of a child who is permanently resident in the United Kingdom or is a British citizen. This type of visa can be applied for both in the UK and from abroad. The visa is issued for 30 months with a subsequent extension for 30 months before applying for settled status in the UK. There are certain requirements for the applicant to obtain it:
- age over 18 years,
- the applicant has full responsibility for the child and takes an active part in their upbringing,
- the applicant can confirm the financial aspect and will have suitable living arrangements in the United Kingdom,
- meets the required English language level.
UK authorities highly respect family values and traditions, but the UK officer is obliged to strictly check a wide range of criteria when issuing a visa. Even if you know which documents need to be prepared, it is better to consult a lawyer who will give you confidence in the correctness of your actions.