Dependant visas: Bringing your family to the UK
On 5 October 2020 Tier 4 was replaced by the Student visa route. The dependant rules are the same for holders of Tier 4 or Student visa and any references to ‘Student’ visa below include those who have Tier 4 permission
This is a brief guide to some of the main visa issues for Student visa holders at Loughborough University who wish to bring family to the UK as dependants. The immigration rules do not cater for every family scenario and can be different from what you may expect. For individual advice you are recommended to contact the Student Advice and Support Service before making any study or visa plans.
The following summarises some of the most common issues. There are many requirements that need to be met in order to obtain permission as a dependant. If any of these cannot be met you may consider whether your family member can obtain immigration permission in another capacity, e.g. as a visitor or another type of visa if they meet the appropriate conditions.
Which students can bring family?
Not every student at Loughborough can bring family to the UK as dependants, you may bring family if:
- You are a postgraduate student on a programme of 9 months or more (e.g. MSc, MA, PhD study – including the Doctorate Extension Scheme), or
- You are funded by government or international sponsorship agency and your course is longer than 6 months, or
- You have or recently held permission as a Student and your family already hold or recently held permission as your dependants. See the UKCISA guide for further conditions that must be met in order to satisfy this requirement, or
- If you do not satisfy any of the above but your child is born while you hold Student permission (or the child is born within three months of your last Student permission), it is possible for the child to obtain permission as your dependant by making an application for entry clearance.
Students with ‘short-term study’ or visitor permission cannot bring their family members as dependants. Most often family may travel on visitor visa permission instead.
Which family members can be dependants?
The immigration rules only allow the following family to obtain permission as a dependant:
- Civil partner.
- Unmarried or same sex partner with whom you have lived for at least two years.
- Children (must be under 18 when they first apply).
Additional requirements for spouses and partners include:
- You are both over 18.
- You are in a genuine subsisting relationship and intend to live together. It is generally advisable to provide evidence of this, e.g. if you have recently married or you have been living apart.
- Your spouse/partner does not intend to stay in the UK longer than any permission granted to you.
Additional requirements for children include:
- The child remains dependent upon you and has not formed an independent life or a separate family unit. Children aged 16 or over need to provide documentary evidence of this in accordance with the UKVI Student guidance.
- Your child does not intend to stay in the UK longer than any permission granted to you.
- Both parents must also either be applying at the same time or have permission to be in the UK (other than as a visitor). There are exceptions if the other parent is dead or you have had ‘sole responsibility’ for the child’s upbringing or there are serious or compelling reasons to grant the child’s visa and suitable childcare arrangements will be available in the UK.
Family developments while in the UK
Babies born in the UK as part of a Student’s family do not necessarily have to obtain immigration permission to stay, however:
- The baby would likely need immigration permission to ever re-enter the UK.
- Any NHS hospital treatment may be charged beyond the age of 3 months (unless the immigration health surcharge has been paid as part of a successful immigration application).
An application for a dependant baby born in the UK can be made separately while the baby is in the UK or overseas before returning to the UK.
If a child born in the UK cannot satisfy the Student dependant rules it may be possible to obtain alternative immigration permission as the child of a parent who holds leave to be in the UK.
Where a qualifying partner or spouse relationship is established while you are in the UK it may be possible for the partner to switch from a current visa to dependant while remaining in the UK or otherwise apply for entry clearance before travelling to the UK.
If a dependant is extending or switching status in the UK and has lived in the UK for at least 12 months immediately prior to the application with valid immigration permission throughout that time, they will automatically meet the financial requirement without needing to provide evidence. UKVI guidance explains that holidays and short absences from the UK do not break the 12 month period. However, if an applicant has not been based in the UK for a significant part of the 12 months, for example for at least 3 months, they will not meet the requirement.
Otherwise the amount of money that may need to be shown in a dependant’s visa application is based upon:
- Whether you are studying at Loughborough or London (£680 or £845 per month per dependant respectively)
- The length of visa that may be issued. Up to a maximum of 9 months maintenance may be required. 2 months maintenance may be required for dependants of students on the Doctorate Extension Scheme.
If you are relying on cash funds to show there is enough money available for your family’s maintenance the total amount required needs to be held throughout a 28-day period up to the date of application. The evidence of funds, e.g. bank statements, cannot be more than 31 days old on the date of application.
Your spouse/partner can rely on funds held by you or themselves (or both if necessary). Children can rely on funds held by you or the other parent in certain circumstances. As a Student you may rely on funds held by your parent(s) but such funds cannot be used to show maintenance for your dependant(s).
If official financial sponsorship is paid in respect of your family's living costs any sponsorship letter should name each family member who is supported. It is simpler and generally preferable for an official financial sponsor’s letter to confirm it is meeting all the living costs of a dependant rather than specify individual amounts for different types of expenditure.
If you receive official financial sponsorship but the amount for each dependant is not enough or not all dependants are supported you may supplement this with evidence of personal funds to meet any shortfall.
The UKVI Student guidance explains how certain nationals who are applying at the same time as a Student who also holds one of the listed nationalities may not be required to provide evidence of maintenance but it is advisable to have this evidence ready in case it is subsequently requested by the visa authorities.
Each dependant pays the same visa application fees as a Student. Similarly, the Immigration Health Surcharge will be charged for each dependant on the same basis as a Student i.e. £470 per year (£235 per 6 months) depending on the length of visa to be granted.
How do dependants apply?
Dependants may apply at the same time as the student or following the grant of the student’s visa. If children are applying you may also need to consider the timing of both parents’ applications.
The Student Advice and Support Service can help check a draft application and supporting documents – seek advice before you finish and submit the application.
Entry clearance applications outside the UK
Entry clearance applications outside the UK are usually made online. Select the ‘Dependant Partner’ or ‘Dependant child’ option as appropriate.
Visa switching or extension applications in the UK
Visa switching or extension applications in the UK are also usually made online.
- When family apply at the same time as a student, they can be added to the Student application
- If family apply separately from the student the application can be made as either a ‘partner’ or ‘child’ or one application can be started as a partner or child and other family members can be added to that application as required, start from the relevant link here.
Certain visas including visitor, short-term students, parent of a child student do not permit switching to stay as a dependants, in these circumstances the dependant would be required to return home and apply for entry clearance.
The Student Advice and Support Service is authorised to provide immigration advice and services by an order made under section 84(4)(d) of the Immigration and Asylum Act 1999 (The Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 (Statutory Instrument 2001 No. 1403)). Should you have a complaint about the service you can use the Student Advice and Support Service's complaints procedure or you can use the OISC Complaints Scheme.