Overview
If you wish to join your parent in the UK, you have the option to apply for a family visa specifically designed for this purpose.
However, it’s important to note that you might not require a family visa if at least one of your parents already possesses indefinite leave to remain or proof of permanent residence. To determine if you can settle in the UK under these circumstances, it is recommended to verify your eligibility.
In cases where your parent is unable to include you in their application form and you are currently residing in the UK, you may be eligible to apply for Private Life in the UK, which provides an alternative pathway.
If your parent has obtained settled or pre-settled status through the EU Settlement Scheme, you may also have the opportunity to apply for the free EU Settlement Scheme, which grants certain rights and permissions for individuals in this situation.
You were born in the UK
If you were born in the UK, you will automatically receive the same permission to stay as your parent.
For individuals who are under 18 years old, there are two options available. Firstly, you can be included as a dependant in your parent’s upcoming application. Alternatively, you have the choice to apply separately for your own permission to stay. If you decide to apply separately, it is crucial to determine the specific type of permission to stay (referred to as ‘limited leave to remain’) that your parent currently holds.
On the other hand, if you are over 18 years old, your parent can only include you as a dependant in their application if certain criteria are met. These include having obtained permission to enter or remain in the UK on a family visa before turning 18, not leading an independent life, and applying from within the UK. It is important to note that living an independent life entails actions such as moving out of your parental home, getting married, or having children.
You were born outside the UK
If you were born outside the UK, whether you can apply to join your parent in the UK depends on your age and how your parent applied.
For individuals under 18 years old, certain conditions must be met. Firstly, you must not be married, in a civil partnership, or living an independent life. Additionally, you need to demonstrate that you can be financially supported without relying on public funds. Furthermore, one of your parents must be applying or have already applied for a visa or an extension of their permission to stay in the UK. If they are applying as a partner and the partner they are joining is your other parent, or if they have sole parental responsibility for you as a parent, then you may be eligible to apply. In exceptional cases where there are compelling reasons and plans for your care in the UK, you might still be considered for application even if the aforementioned requirements are not fully met.
On the other hand, if you are over 18 years old, there are two options available. Your parent can include you as a dependant in their application, or you can choose to apply separately. However, you can only apply if you were granted permission to stay in the UK (referred to as ‘leave to remain’) on a family visa when you were under 18, and if you do not live an independent life. Living an independent life encompasses scenarios such as leaving your parental home, getting married, or having children.
When applying from outside the UK, there are specific preparations and documentation required for your application.
If you are applying at the same time as your parent, the type of form you need to fill out depends on whether your parent is applying to enter the UK as the partner of one of the following individuals: a British or Irish citizen, a person with indefinite leave to remain, a person settled in the UK (e.g., with indefinite leave to remain, settled status, or proof of permanent residence), a person from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (having started living in the UK before 1 January 2021), a person with a Turkish Businessperson visa or Turkish Worker visa, or a person with refugee status or humanitarian protection. If your parent falls into one of these categories, you must complete the Appendix FM online form.
However, if your parent does not fall into the aforementioned categories, you will need to fill out both the online application form and the Appendix 1 paper form.
In the case of applying separately, the form you need to complete depends on whether your parent has “leave to enter” or “leave to remain” in the UK on a 5 or 10-year route to settlement as the partner of: a British or Irish citizen, a person with indefinite leave to remain, a person settled in the UK (e.g., with indefinite leave to remain, settled status, or proof of permanent residence), a person from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (having started living in the UK before 1 January 2021), a person with a Turkish Businessperson visa or Turkish Worker visa, or a person with refugee status or humanitarian protection.