What this article is about: This comprehensive guide explains how children can live in the UK with a parent under the Immigration Rules. It shows when to use Appendix FM (family route) or Appendix Children (dependants of work, study and other routes), who qualifies, evidence and financial requirements, the application process, fees and the Immigration Health Surcharge (IHS), processing and decisions, and how children progress to settlement (ILR/ILE) and British citizenship. It reflects current rules on Student and care-worker dependants and the updated family-route income rules with transitional protection.
Section A: What is the Child Dependant Route?
“Child dependant visa” is a useful shorthand, but there is no single visa of that name. Applications are made under specific parts of the Immigration Rules depending on the parent’s status in the UK. In outline:
- Appendix FM applies to children joining a British or settled parent, or a parent on the partner route.
- Appendix Children applies to children of parents on temporary routes (for example Skilled Worker, Global Talent, Innovator Founder), but only where that route allows dependants.
Core principles are consistent across both frameworks. A child must be under 18 at first application, unmarried and not in a civil partnership, and not living an independent life. Decision-makers assess real-world dependency—financial, practical and emotional—and whether the child will live with and be supported by the UK-based parent.
Recognised relationships include biological and adopted children (where the adoption is legally valid and recognised), step-children (with proof of parental responsibility and day-to-day care), and children under lawful guardianship. Where both parents are in the UK with status, the child normally applies in line with that status. Where only one parent is in the UK, Appendix FM provides gateways based on sole responsibility or serious and compelling family or other considerations. Caseworkers must have regard to the child’s best interests under section 55 of the Borders, Citizenship and Immigration Act 2009.
Two important route-level constraints must be flagged at the outset: most Student route holders cannot sponsor dependants (limited exceptions apply), and newly sponsored care workers/senior care workers cannot bring dependants (subject to transitional provisions). These constraints are tested before any maintenance requirements under Appendix Children are applied.
Section summary: Treat “child dependant” as a pathway, not a label. Identify the correct appendix by the parent’s status, confirm the route actually permits dependants, then evidence age, dependency and living arrangements with precision.
Section B: Eligibility & Core Requirements
Eligibility turns on the sponsoring parent’s UK status and the correct appendix engaged. While wording differs between Appendix FM (family route) and Appendix Children (dependants of work/study/other routes), the Home Office applies consistent concepts: age, dependency, living arrangements, and who holds parental responsibility. Build your case around those anchors, then layer the route-specific rules and evidence formats.
1. Age & Dependency
A child must be under 18 at the date of first application. Where a child turns 18 while already granted leave as a dependant (or when seeking to extend), they can continue as a dependant if they remain financially and emotionally reliant on the parent and are not leading an independent life. Cohabitation, regular financial transfers, education and healthcare records, and day-to-day involvement are all direct indicators of dependency.
2. Parental Responsibility, Sole Responsibility & Consent
Where both parents are in the UK with status or applying together, parental responsibility is usually uncontroversial. If only one parent is in the UK, you must show either sole responsibility for the child’s upbringing (the UK-based parent exercises control over major welfare decisions), or obtain robust written consent from the non-resident parent for relocation. If consent is not available, explain why and evidence any legal or welfare barriers.
- Useful evidence: custody/guardianship orders, parental responsibility agreements, school and medical letters naming the UK-based parent as decision-maker, and proof of regular support and contact.
Practitioner note: Sole responsibility is an evidence-heavy threshold. Show decision-making in practice, not just funding.
3. Serious & Compelling Family or Other Considerations
Where sole responsibility cannot be shown, Appendix FM provides an alternative gateway where serious and compelling considerations make refusal undesirable. This is a high bar, engaged to protect a child’s welfare. Typical scenarios include lack of adequate care abroad, significant medical needs, or risk factors affecting safety or well-being. Submit independent, corroborated evidence (medical, social services, welfare reports) and address the child’s best interests directly in line with the section 55 duty.
4. Step-Children & Guardianship
Step-children can qualify where the UK-based parent holds lawful status and can show legal responsibility or an active role in upbringing. Provide the marriage/civil partnership certificate linking the UK-based parent to the child’s biological parent, plus proof of practical and financial support. Guardianship cases require legally valid orders recognised in the country of origin (and capable of recognition in the UK), together with safeguarding-focused evidence that relocation is in the child’s best interests.
5. Route-Level Gateways: Are Dependants Even Permitted?
Before applying under Appendix Children, confirm that the sponsoring route permits dependants. Two critical constraints currently apply:
- Student route: Dependants are restricted to limited categories (for example certain postgraduate research students or eligible government-sponsored students). Many Student sponsors cannot bring dependants at all.
- Care workers/senior care workers: Newly sponsored workers in these roles cannot bring dependants, subject to narrow transitional provisions.
Practitioner note: Address this threshold explicitly in your cover letter. If the route disallows dependants, the application will fail regardless of maintenance evidence.
6. Evidence Standards & Presentation
Map your documents to the relevant appendix and evidential rules:
- Appendix FM / Appendix FM-SE (family route): Use the formats/timescales specified for financial evidence. Avoid mixing categories (for example, salaried and self-employed) unless the Rules allow it and you can evidence each fully.
- Appendix Children & Appendix Finance (work/study routes): Start by confirming dependants are allowed, then show the required maintenance level (or certified maintenance on CoS/CAS where applicable) with 28-day bank statements or permitted alternatives.
- Relationship & care: Birth/adoption certificates, guardianship/custody orders, consent letters, proof of cohabitation or structured care arrangements, school and GP letters naming the responsible parent.
- Accommodation: Tenancy or title, property inspection (if used), and an overcrowding check against UK standards.
- Translations: Certified translations for all non-English/Welsh documents, with translator credentials and accuracy statement.
Practitioner note: Incomplete or inconsistently formatted evidence is a common refusal driver. Label uploads to mirror online form sections and include a succinct, cross-referenced cover letter.
Section summary: Prove the child is under 18, dependent, and relocating to live with and be supported by the UK-based parent. Where only one parent is in the UK, establish sole responsibility or serious and compelling reasons. For Appendix Children cases, first confirm the route permits dependants, then meet maintenance rules precisely and present evidence in the required formats.
Section C: Financial Requirements for Child Dependants
The Home Office will only grant permission for a child to join or remain with a parent in the UK if the parent can adequately maintain and accommodate the child without recourse to public funds. Financial rules differ between family-route sponsors under Appendix FM and temporary-route sponsors under Appendix Children and Appendix Finance. Correctly identifying which set of financial rules applies is essential.
1. Financial Rules for Family Route (Appendix FM)
For British citizens, settled persons, or those holding limited leave as a partner under Appendix FM, the financial requirement is governed by Appendix FM and Appendix FM-SE. From April 2025, the standard minimum income requirement is £29,000 per year. Unlike previous rules, there are now no automatic child add-ons for new applications made on or after 11 April 2024. Transitional applicants who held or applied for partner leave before that date remain subject to the former £18,600 base threshold plus child increments (£3,800 for the first child and £2,400 for each additional child).
Applicants can meet the threshold through employment income, self-employment profits, pension income, non-employment income, or qualifying cash savings. Savings may be combined with income according to the formula in Appendix FM-SE and must have been held for at least six months before application. Documentary evidence must meet Home Office formatting and time-period rules.
- Six months of payslips and bank statements for salaried employment;
- Tax returns, accounts and accountant letters for self-employed applicants;
- Official statements for pensions or investments; and
- Bank statements for savings showing the qualifying balance maintained over the six-month period.
Accommodation evidence must demonstrate that the family will live in housing free from statutory overcrowding and owned or exclusively occupied by the family. Acceptable evidence includes tenancy agreements, mortgage statements or letters from landlords confirming exclusive occupation.
2. Financial Rules for Temporary Visa Holders (Appendix Children & Appendix Finance)
Parents with limited leave on a work, business or study route are subject to different financial tests under Appendix Finance. Each route specifies the level of maintenance funds required for dependants and whether the sponsor may certify maintenance on the Certificate of Sponsorship (CoS) or Confirmation of Acceptance for Studies (CAS).
As of 2025, the standard maintenance levels are:
- £315 for the first child dependant; and
- £200 for each additional child dependant.
Funds must have been held for a continuous period of 28 days before the date of application, and they must be accessible to the family. If the sponsoring employer or education provider certifies maintenance, bank evidence may not be required. However, if certification is not provided, the funds must appear in the parent’s or child’s account in an acceptable format.
Applicants under restricted categories should note that not all temporary routes permit dependants. Most Student route holders (unless on postgraduate research or government-sponsored study) and new care-worker visa holders (SOC 6145 and 6146) cannot bring dependants, subject to transitional exemptions.
3. Transitional & Exemption Provisions
When the family-route threshold rose in 2024–2025, transitional provisions protected applicants who already held, or had applied for, partner leave before 11 April 2024. These applicants may continue using the earlier financial rules for as long as they maintain continuous leave on the same route. Evidence of continuous leave and previous visa grants must accompany the application to claim transitional status.
Appendix FM also includes a narrow exceptional-circumstances clause where refusal would breach Article 8 of the European Convention on Human Rights (ECHR). In such cases, caseworkers may assess overall affordability and welfare instead of strict formulaic thresholds. However, such discretion is rarely exercised and demands strong, independently verifiable evidence that refusal would cause unjustifiable hardship or harm to the child’s welfare.
4. Evidence Standards & Common Errors
Financial evidence must strictly comply with Appendix FM-SE or Appendix Finance rules. Key expectations include:
- Original or clearly scanned copies from official sources;
- Bank statements covering the required period without gaps;
- Consistent names, dates, and account numbers across all documents; and
- Where an employer’s letter is used, it must be on headed paper, dated, signed, and include employment details matching the payslips provided.
Common refusal triggers include mixing income categories incorrectly, using incomplete bank statements, or providing documents outside the required six-month or 28-day window. Applicants should check each item against the appendices and retain copies for record-keeping and future ILR applications.
Section summary: For family-route cases, meet the £29,000 threshold or claim transitional protection under Appendix FM. For temporary routes, satisfy Appendix Finance maintenance rules and confirm dependants are allowed. Evidence must meet exact Home Office specifications to avoid refusal.
Section D: Application Process & Supporting Documents
The end-to-end process differs slightly by route and location, but every application follows the same core stages: choose the correct form, complete accurate online details, pay the visa fee and Immigration Health Surcharge (IHS), enrol biometrics, and submit well-organised evidence in the required formats. Decisions are issued electronically, with an eVisa account replacing most physical documents.
1. Step-by-Step Process (Outside & Inside the UK)
Step 1 — Confirm eligibility & route. Identify whether the case engages Appendix FM (family route) or Appendix Children (dependants of temporary routes). For Appendix Children cases, first confirm the sponsoring route actually permits dependants (for example, current restrictions on most Student sponsors and for newly sponsored care workers).
Step 2 — Select the correct online form. Use the family route form for Appendix FM cases, or the specific dependant form aligned to the sponsoring parent’s route (for example, Skilled Worker Dependant or Global Talent Dependant) for Appendix Children cases.
Step 3 — Complete the online application accurately. Ensure all personal details, relationship data, addresses, and travel history are complete and consistent with the evidence. Inconsistencies are a frequent refusal driver.
Step 4 — Pay application fee & IHS. Fees vary by route, location (in-country vs out-of-country), and duration. The IHS is paid in full for the visa term at checkout. Keep the confirmations for your records.
Step 5 — Book and attend biometrics. Overseas applicants attend a VFS Global or TLScontact Visa Application Centre (VAC). In-country applicants use UKVCAS. Core biometrics are typically included in the service; optional value-added services (for example, document scanning appointments) attract additional charges.
Step 6 — Upload/submit documents. Upload electronically via the application portal or the VAC/UKVCAS system. Where in-person scanning is used, bring originals and any required copies. Label files clearly and match the portal’s document categories.
Step 7 — Decision & post-decision steps. Decisions are notified by email. If approved from overseas, you may receive a temporary entry vignette (if issued) and instructions to access the eVisa after arrival. In the UK, grant notices direct you to your eVisa account. Verify details promptly and report any errors immediately.
2. Supporting Document Checklist (Core Set)
Documentary requirements differ between Appendix FM (with evidential rules in Appendix FM-SE) and Appendix Children/Appendix Finance. Most cases will include a common baseline set plus route-specific items.
Document | Description / Purpose |
---|---|
Child’s passport | Valid travel document covering the application and intended travel period. |
Full birth or adoption certificate | Establishes identity and parental relationship; must show full parental details. |
Parent’s UK status | Evidence of British citizenship, ILR/settled status, or current permission (for example grant letter/eVisa printout). |
Proof of relationship & care | Evidence of cohabitation or structured care, schooling/GP letters naming the responsible parent, correspondence showing day-to-day involvement. |
Parental responsibility / consent | Custody/guardianship orders, parental responsibility agreements, and written consent from the non-resident parent where applicable. |
Accommodation evidence | Tenancy/title and (if used) an overcrowding assessment demonstrating suitable, exclusive occupation. |
Financial evidence (route-specific) | Appendix FM/FM-SE for family route (for example income and/or savings); Appendix Finance for temporary routes (for example 28-day maintenance or certified maintenance). |
IHS & fee confirmations | Payment confirmations as generated by the online system. |
Translations | Certified translations for any non-English/Welsh documents with translator credentials and accuracy statement. |
3. Additional Evidence for Complex Family Structures
- Sole responsibility cases: Court orders, detailed statements, and third-party evidence (schools/medical/social services) proving the UK-based parent controls key welfare decisions.
- Step-children: Marriage/civil partnership certificate linking the UK-based parent to the child’s biological parent, plus evidence of day-to-day and financial support.
- Guardianship: Legally valid guardianship orders recognised in the country of origin and capable of recognition in the UK; safeguarding evidence showing best interests.
- Serious & compelling circumstances: Independent medical/welfare reports evidencing risks or lack of adequate care abroad.
4. Evidence Presentation & Formatting Standards
Caseworkers assess compliance against the evidential rules in Appendix FM-SE and Appendix Finance. Adopt a “file once, read once” approach:
- Map uploads to the portal’s categories (identity, relationship, finance, accommodation). Prefix filenames with numbered labels to mirror your cover letter index.
- Use the correct formats (for example six months of payslips/bank statements for salaried income; 28-day statements for maintenance funds).
- Maintain consistency of names, dates, addresses, and account numbers across all documents and forms.
- Bundle explanatory letters (school, GP, employer, landlord) on headed paper, dated and signed, with contact details.
- Include a concise cover letter cross-referencing evidence to each rule and appendix paragraph relied on.
5. Biometrics, Passports & eVisa
At biometrics, bring passports and any documents required for scanning if you have not uploaded them in advance. After a grant, most applicants will access status via an eVisa account. Keep the account details secure, check that names, dates of birth and visa conditions are correct, and report errors immediately. For overseas grants that still use a temporary entry vignette, follow the activation steps on arrival and then link to your eVisa.
6. Common Pitfalls That Delay Decisions
- Submitting the wrong form (for example using an Appendix FM form for a work-route dependant).
- Assuming dependants are permitted without checking route-level restrictions (for example Student or care-worker limitations).
- Inconsistent biographical data across forms and evidence.
- Financial documents outside the required period or mixing income categories incorrectly under Appendix FM-SE.
- Unclear accommodation evidence that fails an overcrowding check.
Section summary: Choose the correct form, pay the fee and IHS, complete biometrics, and upload a tightly organised, cross-referenced evidence pack that matches the rules engaged. Confirm at the outset that the sponsoring route actually permits dependants; then meet the evidential formats in Appendix FM-SE or Appendix Finance to avoid avoidable delays or refusals.
Section E: Visa Fees, Immigration Health Surcharge & Duration of Leave
Financial planning is essential before submitting a child dependant application. Families must budget for the visa application fee, the Immigration Health Surcharge (IHS), and any optional priority services. Fee structures differ between the family route under Appendix FM and the dependant routes under Appendix Children. All payments are made online during the application process and must be completed before biometrics enrolment.
1. Visa Application Fees
The Home Office updates fees periodically under the Immigration and Nationality (Fees) Regulations. The following figures represent indicative rates as of mid-2025, but applicants should always verify the latest amounts on the GOV.UK “Visa fees” page at the time of submission:
- Family Route (Appendix FM) – outside the UK: approximately £1,846 per child
- Family Route (Appendix FM) – inside the UK: approximately £1,538 per child
- Temporary Routes (Appendix Children): ranges between £625–£1,423 depending on route type, visa length, and location of application
- Child of Settled or British Parent (ILE application): approximately £2,404 per child
Priority and Super Priority processing (where available) cost an additional £500 and £1,000 respectively. These services are discretionary and may be withdrawn temporarily during peak volumes or operational changes. Always check availability on the application portal before payment.
2. Immigration Health Surcharge (IHS)
The IHS provides access to the UK’s National Health Service for the duration of the visa. From 6 February 2024, rates increased under the Immigration (Health Charge) (Amendment) Order 2024 to £1,035 per adult and £776 per year for each child under 18. Payment is made in full at the point of application, calculated automatically by the online form according to visa length.
Examples:
- A three-year Skilled Worker dependant child visa: £2,328 (3 × £776)
- A five-year family-route child visa: £3,880 (5 × £776)
Proof of payment is automatically linked to the application but applicants should retain a copy of the receipt for reference.
3. Biometric Enrolment & Appointment Charges
Most UKVCAS biometrics appointments now include core biometric enrolment (fingerprints and photograph) within the visa fee. Optional premium appointments or additional services (such as document scanning or out-of-hours booking) attract extra fees. Overseas applicants may face variable VAC service charges depending on location and provider. Applicants should review the relevant VAC’s website for local fee structures before booking.
4. Duration of Leave Granted
The validity of a child dependant’s permission always aligns with the sponsoring parent’s status:
- Child of a British citizen or settled parent: may qualify directly for Indefinite Leave to Enter (ILE), granting permanent residence.
- Child of a partner-route applicant under Appendix FM: leave is granted in line with the parent’s visa (normally 30 or 33 months initially).
- Child of a temporary-route parent (for example, Skilled Worker, Global Talent, or Student): leave is granted to match the parent’s permission period.
When the parent later qualifies for Indefinite Leave to Remain (ILR) or becomes settled, the child may also apply for settlement at the same time or subsequently, provided dependency and continuous residence requirements remain satisfied.
5. Refunds, Overpayments & Linked Applications
If a joint family application is submitted and one family member’s application is withdrawn or refused, the Home Office may refund the IHS or unused fee portion for that individual only. Refunds are typically automatic through the payment system, but applicants should monitor correspondence for confirmation.
Where multiple child applications are made together, ensure that payment references and receipt numbers are stored and cross-referenced for future extensions or ILR submissions. The IHS payment history is often used to verify continuous lawful residence.
Section summary: Applicants should budget for three cost layers—visa fee, IHS, and optional priority services. The IHS currently costs £776 per child per year, and visa fees vary by route and location. Always verify current rates on GOV.UK immediately before applying. The child’s permission length mirrors the parent’s, with ILE or ILR available once the parent is settled.
Section F: Settlement, ILR & Citizenship Pathways for Child Dependants
Children granted permission to live in the UK as dependants can progress to permanent residence and, in many cases, British citizenship. The route to settlement depends on the parent’s category and the appendix engaged. Broadly, family-route children seek settlement under Appendix Settlement Family Life, while dependants of work/study routes follow the settlement provisions tied to the sponsoring route together with Appendix Continuous Residence. Where a parent is already settled or British and the child applies from overseas, Indefinite Leave to Enter (ILE) may be granted immediately if the relationship and care requirements are met.
1. Indefinite Leave to Enter (ILE) from Overseas
Children applying from outside the UK to join a British or settled parent can qualify directly for ILE. Where both parents are settled or British and the child meets the dependency and relationship rules, ILE is usually appropriate. If only one parent is in the UK, ILE can still be granted where the UK-based parent has sole responsibility or there are serious and compelling considerations making exclusion undesirable. ILE grants permanent residence on arrival; there is no need to extend leave. To preserve ILE, avoid absences of over two consecutive years (different rules apply to EUSS “settled status,” which lapses after five years’ absence).
2. Indefinite Leave to Remain (ILR) after a Period of Residence
Children in the UK with limited leave as dependants can apply for ILR once they complete the relevant qualifying period and meet route-specific requirements.
- Family route dependants (Appendix FM → Appendix Settlement Family Life): Typically a five-year qualifying period. The Home Office focuses on ongoing dependency and the child’s best interests; there is no formal 180-day absence limit for this route, but prolonged time abroad should be explained by reference to the child’s welfare and family circumstances.
- Work/study route dependants (Appendix Children → route settlement rules): Usually a five-year period with Appendix Continuous Residence applied; absences of more than 180 days in any rolling 12-month period can break residence unless an exemption applies. Always check the sponsoring route’s settlement appendix for any additional criteria.
Practical points: Children are not required to meet the English language or Life in the UK Test for ILR. Applications should include evidence of cohabitation and care (for example school/GP letters) and confirm that any immigration conditions were observed (for example no recourse to public funds where applicable).
3. Switching to Settlement When the Parent Becomes Settled
If the sponsoring parent becomes settled (or British) while the child holds limited leave, the child may apply for ILR at the same time or after, depending on the appendix engaged. Where a parent’s settlement creates eligibility for the child to qualify sooner (for example a move from limited leave in a work-route dependant category to ILR under family settlement provisions), submit a coordinated application and address any residence or care transitions clearly in the covering letter.
4. British Citizenship after ILR/ILE
There are two principal paths to citizenship for children:
- Registration under the British Nationality Act 1981, commonly:
- Section 1(3): A child born in the UK who was not British at birth may register once a parent becomes British or settled.
- Section 3(1): A child under 18 with ILR/ILE may register at the Home Secretary’s discretion, assessed on residence, integration and best interests. Note that the good character requirement applies to applicants aged 10 and over.
- Naturalisation for applicants aged 18 or over who have held ILR for at least 12 months (or immediately if married to a British citizen and the statutory requirements are met). Standard residence, Life in the UK, English language and good-character tests apply to adults.
Practical points: For children registered under section 1(3) or 3(1), provide a full chronology of residence, schooling and community links, together with evidence of the parent’s settled/British status at the relevant time. Where discretion is sought, address best interests directly and include independent supporting letters where appropriate.
5. Preserving Settlement & Returning Residents
ILR/ILE can lapse after more than two continuous years outside the UK (five years for EUSS “settled status”). Where status has lapsed, a returning resident application may be possible if the UK remains the applicant’s main home. Families should plan travel patterns carefully for school holidays or extended trips abroad and retain evidence of UK-centred residence to mitigate risk at the border or in future applications.
Section summary: Children can secure permanence either immediately via ILE (from overseas where a parent is settled/British) or after residence via ILR. Family-route ILR assesses the child’s best interests and ongoing dependency without a strict 180-day absence cap, while work/study-route dependants must usually satisfy Appendix Continuous Residence. Once settled, most children can proceed to British citizenship by registration; adults naturalise. Keep absences within limits to avoid lapsing settlement and maintain comprehensive records of residence, education and care throughout the journey.
Section G: Special Circumstances – Step-Children, Sole Responsibility & Compelling Family Factors
While most child dependant cases follow straightforward family patterns, some involve complex circumstances that require careful legal and evidential handling. These include applications involving step-children, situations where one parent has sole responsibility, or where there are serious and compelling family or welfare considerations. The Home Office assesses each case holistically, prioritising the child’s best interests under section 55 of the Borders, Citizenship and Immigration Act 2009.
1. Step-Children
Step-children can qualify as dependants where the UK-based parent holds valid immigration status and can show they play a genuine, ongoing parental role. Legal responsibility is key, but emotional and practical involvement are equally important. The Home Office looks for clear evidence that the UK-based parent provides care and decision-making authority in the child’s life.
- Marriage or civil partnership certificate linking the UK-based parent to the child’s biological parent.
- Proof of financial and emotional support, such as regular remittances, joint tenancy agreements, or shared bills.
- Letters from schools, GPs or social services confirming the UK-based parent’s involvement in daily care.
- Written consent from the other biological parent allowing relocation, where applicable.
Where the other biological parent retains parental responsibility but remains overseas, written consent is generally required. If consent cannot be obtained due to welfare concerns, the applicant must explain why and support the case with independent welfare or legal documentation.
2. Sole Responsibility
Where only one parent resides in the UK, the application must show that this parent has sole responsibility for the child’s upbringing. This means they exercise primary control and decision-making over all major aspects of the child’s welfare—such as education, healthcare and general upbringing—even if another person provides day-to-day care overseas.
Supporting evidence should include:
- Custody or guardianship orders granting the UK-based parent legal authority;
- Letters from schools, doctors or local authorities demonstrating that the UK-based parent makes key welfare decisions;
- Proof of regular financial support, such as bank transfers or money remittance records; and
- Correspondence showing that the overseas carer defers to the UK-based parent in important matters.
Caseworkers look for consistency between legal documents and actual practice. Even if the child lives with a relative abroad, the application can succeed if the UK-based parent demonstrably manages the child’s life decisions. However, occasional or partial involvement will not meet the high evidential standard required for sole responsibility.
3. Serious & Compelling Family or Other Considerations
Where sole responsibility cannot be proven, applications may still succeed under the alternative test of serious and compelling family or other considerations that make refusal undesirable. This safeguard ensures that a child’s welfare is prioritised, even where family arrangements are atypical. The provision is found in paragraph EC-C.2.1(f) of Appendix FM and reflected in policy for Appendix Children dependants.
Examples of circumstances meeting this threshold include:
- Lack of adequate care or guardianship arrangements in the child’s country of residence;
- Serious medical conditions requiring treatment available only in the UK;
- Situations of risk, neglect, or abuse abroad; and
- Educational deprivation or social instability affecting the child’s welfare.
Independent, third-party evidence is vital—such as welfare reports, letters from local authorities, social workers or medical practitioners. The Home Office assesses these cases on a balance of probabilities, guided by the child’s best interests under section 55. Unsupported personal statements rarely suffice without corroborating documentation.
4. Human Rights & Welfare Considerations
Even where a child does not fully meet the Immigration Rules, caseworkers must consider whether refusal would breach Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family and private life. A strong Article 8 case typically demonstrates:
- Close dependency between parent and child beyond normal emotional ties;
- Evidence that separation would cause disproportionate harm to the child’s welfare; and
- Lack of viable family or care alternatives overseas.
Applications invoking Article 8 should include comprehensive evidence of dependency and best interests, such as psychological or welfare assessments, statements from professionals, and a clear explanation of why the child’s needs cannot be met abroad.
Section summary: Complex cases involving step-children, sole responsibility or serious and compelling factors demand extensive evidence. Each case turns on welfare and dependency, not convenience. Documentary proof must align with the legal definition of responsibility and clearly demonstrate that living in the UK best serves the child’s interests. Where formal requirements cannot be met, human rights arguments under Article 8 may still justify approval.
Section H: Common Issues, Refusals & Practical Tips
Child dependant applications are often refused for avoidable reasons. Most setbacks arise from using the wrong route or form, weak or non-compliant evidence, or overlooking route-level limits on dependants. This section highlights recurring issues, shows how to pre-empt them, and explains post-decision options.
1. Frequent Causes of Refusal
- Wrong route or ineligible sponsor: Applying under Appendix Children where the sponsoring route does not permit dependants (for example most Students; newly sponsored care workers/senior care workers).
- Incorrect form: Using an Appendix FM family form for a work-route dependant, or vice versa.
- Missing or non-compliant evidence: Bank statements without a full 28-day period, payslips under the six-month requirement, or documents that do not meet Appendix FM-SE/Appendix Finance formats.
- Relationship or responsibility not proved: No full birth/adoption certificate, absent consent from the non-resident parent, or thin evidence for sole responsibility.
- Accommodation deficiencies: No proof of exclusive occupation or failure to show the property is not statutorily overcrowded.
- Inconsistencies: Names, dates, addresses or employment details that do not match across the form and evidence set.
2. Strengthening the Application Before You File
- Route gatecheck: Confirm dependants are permitted for the sponsor’s route before preparing maintenance evidence.
- Evidence map & index: Cross-reference each upload to the exact rule or paragraph (Appendix FM-SE, Appendix Finance), with numbered filenames matching a short cover letter.
- Financial compliance: Use the correct time windows (six months for most FM-SE income; 28 days for maintenance funds) and avoid mixing income categories unless expressly allowed.
- Responsibility & consent: Where one parent is abroad, collate custody/guardianship orders and written consent; if not available, explain why and provide independent welfare evidence.
- Accommodation readiness: Provide tenancy/title and, if useful, an overcrowding assessment or property inspection letter.
- Translations: Certified translations with translator credentials and an accuracy statement for every non-English/Welsh document.
3. If Refused: Next Steps
The refusal notice explains the reasons and available remedies. Options typically include:
- Appeal on human-rights grounds (Appendix FM cases): Usually available for family route refusals engaging Article 8 ECHR. Deadlines are short (commonly 14 days in-country; 28 days out-of-country).
- Administrative review (Appendix Children cases): Where a caseworker error in applying the Rules/policy is alleged.
- Fresh application: Often the fastest route where missing or non-compliant evidence caused refusal. Address every refusal point explicitly and upgrade the evidence pack.
Appeal strategy: For Article 8 appeals, focus on the child’s best interests, the proportionality of refusal, dependency evidence, and the practical impossibility of maintaining family life abroad. Include independent welfare/medical evidence where relevant.
4. Practical Filing Tips (That Save Weeks)
- Prepare early so you can gather full-period financial records and up-to-date accommodation evidence.
- Label uploads clearly and mirror the portal’s categories; avoid multi-topic PDFs.
- Keep internal consistency across the whole family set when applying together.
- Use a concise cover letter with a table mapping each evidence item to the relevant appendix paragraph.
- Check current fees, IHS rates and priority service availability on GOV.UK at the point of payment.
5. Human Rights Safety Net
Even where strict Rules are not met, decision-makers must consider whether refusal would breach Article 8 ECHR in light of section 55 (child’s best interests). Where you rely on Article 8, frame the case around:
- The quality of dependency and impact of separation on the child;
- The practicality and safety of alternative care abroad; and
- Why the proposed UK arrangement best safeguards welfare and stability.
Section summary: Most refusals stem from preventable issues—wrong route, non-compliant evidence, or gaps in responsibility/consent. Front-load your route checks, evidence mapping and accommodation/finance compliance. If refused, act within deadlines and decide quickly between appeal, administrative review or a stronger fresh application.
Section I: FAQs, Conclusion, Glossary & Useful Links
1. Frequently Asked Questions (FAQs)
What is a Child Dependant visa?
It allows a child from overseas to live in the UK with a parent or guardian who is settled, British, or holds a visa that permits dependants. Applications are made under Appendix FM or Appendix Children, depending on the parent’s immigration status.
Who qualifies as a dependant child?
A child under 18 at the date of application who is unmarried, not in a civil partnership, not living independently, and financially and emotionally dependent on the UK-based parent.
Does a child automatically become British?
No. A child born outside the UK or to non-British parents is not automatically British. They can apply for citizenship after obtaining ILR or ILE, or register once a parent becomes British or settled.
Can a child study in the UK on a dependant visa?
Yes. Dependant children can attend state or private school in the UK without needing a separate Student visa.
Can a child work in the UK?
Children under 16 cannot work. Those aged 16 or 17 may work part-time or during holidays in line with UK child employment laws, but education and family life remain the visa’s primary purpose.
How long does the child’s visa last?
The visa duration matches the sponsoring parent’s permission. If the parent holds Indefinite Leave to Remain (ILR) or British citizenship, the child may qualify for Indefinite Leave to Enter (ILE).
How long does processing take?
Standard processing is around 8 weeks for in-country applications, up to 12 weeks for family route applications made overseas, and approximately 3 weeks for work/study route dependants. Priority (5 working days) and super-priority (24 hours) options may be available for an additional fee.
What are the common refusal reasons?
Using the wrong form, weak evidence of parental responsibility or financial support, or missing documentation such as birth certificates or tenancy agreements. Ineligibility of the sponsor’s route also commonly causes refusals.
Can a refused application be appealed?
Appendix FM refusals generally carry a right of appeal on human rights grounds. Appendix Children refusals may allow an administrative review. Alternatively, a new, stronger application can be submitted addressing each refusal reason.
What happens if the child turns 18 during the process?
If they were under 18 when first applying and remain dependent and unmarried, they can usually continue as a dependant in future extensions or ILR applications.
2. Conclusion
The child dependant route protects family unity while maintaining compliance with UK immigration control. Whether under Appendix FM or Appendix Children, success depends on meeting strict evidential standards covering dependency, financial stability and accommodation. Applicants should also confirm that the sponsoring route permits dependants before applying.
Parents on the family route must meet the £29,000 income threshold (or qualify for transitional protection), while temporary route holders must show adequate maintenance under Appendix Finance. Complex cases involving step-children, sole responsibility or welfare considerations must include clear, independent supporting evidence. With careful planning and complete documentation, most families can achieve successful outcomes leading to long-term settlement and citizenship.
3. Glossary
Term | Definition |
---|---|
Appendix FM | Part of the Immigration Rules governing family life visas for partners, parents, and children of British or settled persons. |
Appendix Children | Rules governing dependant children of migrants on temporary routes such as Skilled Worker or Student visas. |
Appendix FM-SE | Specifies evidential standards for financial requirements under Appendix FM. |
Appendix Finance | Sets maintenance requirements for dependants under temporary visa routes. |
ILR / ILE | Indefinite Leave to Remain / Enter – permanent permission to live in the UK without time limits. |
Section 55 Duty | Obligation under the Borders, Citizenship and Immigration Act 2009 to prioritise the child’s best interests in all immigration decisions. |
Article 8 ECHR | The right to respect for private and family life under the European Convention on Human Rights. |
Sole Responsibility | When one parent has full decision-making authority over a child’s welfare and upbringing. |
Serious & Compelling Circumstances | Exceptional situations where refusal would harm a child’s welfare, allowing flexibility outside strict Immigration Rules. |
4. Useful Links
Resource | Link |
---|---|
UK Government – Family visas | https://www.gov.uk/uk-family-visa |
Appendix Children – Immigration Rules | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-children |
Appendix FM-SE – Financial evidence | https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence |
Dependent family members in work routes – guidance | https://www.gov.uk/government/publications/dependent-family-members-in-work-routes-immigration-staff-guidance |
British citizenship for children | https://www.gov.uk/apply-citizenship-british-parent |
DavidsonMorris – Child Dependant Visa UK | https://www.davidsonmorris.com/child-dependant-visa-uk/ |
Xpats.io – Child Dependant Visa UK | https://www.xpats.io/child-dependant-visa-uk/ |
Section summary: Families applying under the child dependant route must follow the correct appendix, submit compliant evidence, and meet the financial and accommodation requirements precisely. With proper preparation, the route offers a clear legal pathway to family reunion, settlement and eventual citizenship for children in the UK.