DJ Webb & Co. - Immigration Solicitors

UK FAMILY RELATED IMMIGRATION PERMITS & RESIDENCE

Throughout history family ties and heritage have played an important role in UK immigration.

There are a number of ways of joining family members in the United Kingdom. However the immigration rules are strict and should be considered carefully before an application is made.

Entry clearance officers and immigration officials scrutinise the applications with great care and will almost invariably interview the applicant at length. This is because entry-clearance, if granted, will be a "settlement visa", ie granting permanent residency (indefinite leave to remain) in the UK either immediately or after a relatively short probationary period.

Successful applicants are advised to have copies of all supporting documentation available for inspection by immigration officers upon their arrival in the UK.

The following information about family related UK immigration applications includes an indication of the evidence that is needed in support of such applications. It is NOT an exhaustive analysis of the rules and applicants are strongly advised to obtain advice before proceeding.

COMMONWEALTH CITIZENS WITH UK-BORN GRANDPARENTS

Some years ago many entry privileges were granted to persons of UK descent. These have all been removed from the immigration regulations except for this special exemption.

Commonwealth citizens with one or more UK –born grandparents do not need a work permit in order to come to the UK to work.

Upon proof that one of their grandparents was born in the UK, a Commonwealth citizen who wishes to take or seek employment in the UK will be granted an entry clearance for that purpose by the British High Commission, Embassy or Consulate in their country of residence.

On arrival at a UK Port of Entry, such a person would normally have their passport endorsed for a four-year period. Shortly before the fourth anniversary of arrival, an application can be made to the Home Office for indefinite leave to remain. This will be granted if the applicant has been in gainful employment and there is no prospect of recourse to benefits.

FIANCÉES ENTERING THE UK
The immigration rules for fiancées are similar to those for spouses (see below) except the applicant must have the intention of marrying during the first six months after entry to the UK. An application can then be submitted "in-country" for leave to remain as a spouse.

It must be noted that entry-clearance is mandatory under the fiancée rules (ie an application cannot be made 'in country' to switch from one category, e.g. visitor, to fiancée). Also a fiancée will not have permission to work until after residence (leave to remain) has been granted as a spouse.

UK RESIDENCE FOR HUSBANDS AND WIVES
The rules state that the requirements to be met by persons seeking to enter the UK on the basis of marriage are that:

the applicant is married to a person present and settled in the UK or who is on the same occasion being admitted for settlement; and
the marriage was not entered into primarily to obtain admission to the UK; and
the parties to the marriage have met; and
each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and
there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
the applicant holds a valid UK entry clearance for entry in this capacity.

Crucially, the couple must be able to support and accommodate themselves (and any dependants) without recourse to public funds (which are defined as Income Support, housing benefit, emergency housing and homelessness legislation, etc).

The entry clearance officer is likely to interview the couple at length about the background to the marriage and the couple's intentions for the future.

It is crucial that the application be fully supported by relevant documentary evidence.

If already in this country, a person can seek variation of their immigration status on the basis of their marriage. However, additional conditions apply. Various Home Office concessions may be relevant should the applicant be in the UK unlawfully prior to the marriage. In such cases, we would strongly advise that legal advice is sought prior to any application being submitted.

UK RESIDENCE FOR CHILDREN
The requirements to be met by a person seeking indefinite leave to enter the UK as a child are complex and are set out in the printable document

UK Residence for Children

The requirements to be met by a person seeking indefinite leave to enter the UK as a child of parent, parents or a relative present and settled or being admitted for settlement in the UK are that he or she is seeking leave to enter the UK to accompany or join a parent, parents or relative in one of the following circumstances:

both parents are present and settled in the United Kingdom; or
both parents are being admitted on the same occasion for settlement; or
one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement;
one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead;
one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing;
one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
is under the age of 18; and
is not leading an independent life, is unmarried and has not formed an independent family unit; and
can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the parent, parents, or relative own or occupy exclusively; and
holds a valid United Kingdom entry clearance for entry in this capacity.

The rules for dependant children are complex and there is a wealth of case law on the subject (particularly dealing with children seeking to join or accompany only one rather than both natural parents, or seeking to be 'sponsored' by another relative other than a parent). We strongly advise that professional advice be taken before making an application.

UK RESIDENCE FOR DEPENDANT PARENTS
The current Immigration Rules severely limit the circumstances in which parents of a person settled in the UK are allowed to join them.

They are set out in the printable document

UK RESIDENCE FOR DEPENDANT PARENTS

The following requirements must be met by persons seeking indefinite leave to remain in the UK as the parent of a relative present and settled in the UK.

In addition to proving the family relationship in question, it is necessary to show that:

the applicant is financially, wholly or mainly, dependant on the relative in the UK (see note below on ‘wholly or mainly dependant); and
the applicant has no other close relatives in his or her own country to who he or she could turn for financial support (See note below on ‘without close relatives to turn to’; and
he or she can, and will, be maintained and accommodated adequately, together with any dependants, without recourse to public funds (defined as income support, family credit, council tax benefit, housing benefit, etc.); and
where the applicant is under 65 years of age, he or she must be living alone in the most exceptional compassionate circumstances (see note below on ‘exceptional compassionate circumstances’).

Entry clearance must normally be obtained from a British Post overseas. However, a person already present in the UK as a visitor may request variation of their status by submitting an appropriate application to the Home Office. We should stress that in those circumstances the Home Office would wish to be assured that there had been a genuine change of situation post-entry and that the applicant had not entered by deception.

Applications of this nature can be complex and mistakes are difficult to correct. We strongly advise persons considering such an application to enlist the advice and assistance of a specialist immigration solicitor.

Wholly or Mainly Dependant

"Dependence" means financial dependence. Of course, dependence must be necessary and not contrived, e.g. if an applicant possesses property and other assets, but gives them away to various family members, they would not meet this requirement.

Without Close Relatives to turn to

In previous years, this condition has been subject to various legal interpretations. Although a complex matter, the rule can be stated as meaning that before an applicant parent is disqualified, there must be people in his or her home country to turn to, who are able and willing to meet the financial and other needs (including emotional needs) of the applicant, even if these have previously been met by the "sponsor" in the UK.

Exceptional Compassionate Circumstances

It is of course a subjective assessment on the part of the Visa Officer or the Home Office official as to whether exceptional compassionate circumstances exist on the facts of a particular case. The test is a high one, but in appropriate circumstances the Home Office will consider it satisfied in order not to make it an impossible test which cannot be effectively applied.

It should be noted that this requirement only applies where the applicant present is aged under 65. If the applicant (or when both parents are applying, one of the applicants) are 65 or over, this requirement does not need to be met.

COMMON LAW SPOUSES
On 10 October 1997, a new concession was announced by the Home Office permitting applications to be made by unmarried partners.

However the concession only applies where couples are unable to marry according to UK law. In practice this restricts the application of the concession to cases where one partner is unable to divorce or to other unusual circumstances.

Couples who require further information in this regard are urged to contact a specialist immigration solicitor for advice and assistance.

PROFESSIONAL ADVICE
All family related immigration applications are carefully scrutinised and the rules strictly enforced. We advise any persons considering family applications to enlist professional advice and assistance before applications are made.

DJ Webb & Co. has many years of experience in successfully dealing with family applications and is able to provide detailed advice and assistance with regard to the preparation of applications, the required supporting documentation, and preparation for interviews with visa officers.

IMPORTANT NOTE: Material included in this site is provided for informational purposes only and does not constitute legal advice. Transmission of this information is not intended to constitute a lawyer-client relationship between DJ Webb & Co. and the user of the browser. No reader of this information should act or refrain from acting on the basis of this information without first taking professional advice on the basis of the specific facts and circumstances at issue.