Dependent Visa questions

Hello all!
I have been on the forum and UK websites for what seems like days/weeks/months! Here is my situation, I have just recently received my UK passport in the mail, I am citizen through descent. I am planning on moving to the UK next spring and will be bringing my daughter with me. From what I understand, she is not eligible to get a passport from the UK and I will need to apply for a visa. I am assuming I need a settlement visa for her (she is 7). I have several questions regarding this. How far ahead of time should I apply for it, do I need to have a letter from my family in the UK saying we will be staying with them, and will I need to have financial proof since I am a citizen and she is my dependent? Sorry for all the questions, it is all a bit confusing for me! Thanks in advance!

SN: I do have sole legal and physical custody of my daughter through a court order already.

Cera

Hi there and welcome to the forum .

You will need a Settlement visa for your daughter and you can apply for it up to 3 months ahead of when you wish to move to the UK.

However, I'm afraid it's not quite as simple as just applying for a visa for her - you need to meet strict financial and accommodation requirements as well.

The accommodation is fairly straightforward - if you will be living with your family, you need to include:

- a letter from them giving you and your daughter permission to live with them and stating that the home will not be overcrowded with both of you there.

- evidence of their homeownership - by way of the Land Registry document/deed for the property, plus you can also include an original mortgage statement if they have a mortgage.

The Financial requirement is trickier though. There are 7 different financial requirement categories (A-G) that you can qualify for the visa under and you need to be able to meet one of them in order to bring your daughter. Only you, the UK citizen, can meet the requirement, you can't use financial help from anyone else.

Category A: Salaried or Unsalaried Employment (with employer more than 6 months)
You have a job in the UK, that you have been working at, earning a minimum of £18,600 per year for at least 6 months (which means moving to the UK without her, working for 6 months at that salary or higher, and then applying for her visa)

Category B: Salaried or Unsalaried Employment (with employer less than 6 months)
You have a job in the UK paying at least £18,600 salary, but you have not been working there for 6 months yet OR you have a job offer in the UK, paying at least £18,600 and starting within 3 months of moving. You must also have earned at least £18,600 in the last 12 months (either in the UK or the US).

Category C: Non-employment income
You have non-employment income of at least £18,600 per year, which will continue in the UK (i.e. income from renting out property you own, interest from stocks/shares/dividend, income from child maintenance etc.)

Category D: Cash Savings
If you don't have a job in the UK, you can use cash savings to meet the requirement ONLY if you have had at least £62,500 in your bank account for a minimum of 6 months before applying. Alternatively, if you have a job in the UK, but it doesn't pay £18,600, you can use cash savings to top it up, but the first £16,000 of savings don't count and then on top of that £16,000 you also need 2.5 times the difference between your salary and £18,600.

Category E: Pension Income
You have £18,600 or more in pension income per year which will continue in the UK

Category F and G: Self-employment Income
You have earned an average of £18,600 in self-employment income over the last financial year (F) or last 2 financial years (G) AND you can guarantee that this income will continue in the UK.

So, you need to figure out if you can meet one of these financial categories. If you can't, you will not be able to get a visa for your daughter.

See here for detailed information on how to meet the financial requirement:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf

And here for information about applying for the visa:
https://www.gov.uk/join-family-in-uk/overview

Thank you so much for the reply! I was hoping she would qualify for the ILE and therefore I wouldn't have to meet the financial requirement. I do not have a job in the UK yet, don't have a large savings account, and don't think I can move and be without her for 6 months. I will be staying with family, but you said it has to go strictly on my income alone? This is all so frustrating!

Thanks again!

Yes, it is all based solely on your income as you are her sponsor. Third-party support is not allowed.

Ok. I guess I was unsure as I was reading that if she was eligible for ILE, income does not matter. She is under 18, my dependent, and I am a citizen, not a visa holder. Thanks for all the input and help!

Trying to parse the immigration rules on this point is tricky. It seems like your child may be granted ILE, but that you will need to apply for entry clearance in the usual fashion, providing evidence of adequate maintenance and accommodation, etc. Where did you read that there was no financial requirement for ILE? AFAIK, that has never been the case.

Here is the website that I read it on:

http://www.parliament.uk/Templates/BriefingPapers/Pages/BPPdfDownload.aspx?bp-id=sn06724

It is on page 4.

The only thing I can't find is what qualifications you have to have to get ILE. Or I could be reading it entirely wrong. Is it an option for one of my aunts or uncles that live in the UK to sponsor my daughter as a niece? Or does it have to be immediate family only? I have been working towards this for a couple years now and this is just devastating and stressful!  Thanks again.

Only you can sponsor your daughter. Your daughter is not dependent on your other relatives, so they cannot sponsor her.

Ok, well based on what I linked to before, which are the official immigration rules, I think you will need to apply for entry clearance for your daughter, and show that you can adequately house and support her in the UK. TBH, I am surprised to read anything about ILE anyhwere, as I was under the impression that it had been abolished. Perhaps it's still given in extraordinary circumstances, but in your case I don't think you can rely on it. Still, I'm not an expert. You might want to see about getting a (good, reputable) immigration attorney and see if they know something we don't.

Ok, well based on what I linked to before, which are the official immigration rules, I think you will need to apply for entry clearance for your daughter, and show that you can adequately house and support her in the UK. TBH, I am surprised to read anything about ILE anyhwere, as I was under the impression that it had been abolished. Perhaps it's still given in extraordinary circumstances, but in your case I don't think you can rely on it. Still, I'm not an expert. You might want to see about getting a (good, reputable) immigration attorney and see if they know something we don't.

Thank you so much for the info! It's much appreciated.