UK Skilled Worker Dependant Visa: Essential Guide
Applying as a dependant of a Skilled Worker in the UK can seem daunting. However, with the right information and a clear understanding of the process, you can ensure your application is both successful and stress-free. This guide is designed to provide you with a straightforward approach to applying as either a partner or child of a Skilled Worker.
Applying Online
Your journey begins with the online application. Depending on your current location, the form you’ll need to complete varies:
- Outside the UK: Choose the ‘Dependant partner visa’ or ‘Dependant child visa’ forms.
- Inside the UK: Select ‘Dependant partner’ or ‘Dependant child’.
Key Steps for a Valid Application
To ensure your application progresses without hitches, follow these essential steps:
- Fee Payment. Settle any application fees along with the Immigration Health Charge.
- Biometrics Submission: Provide the necessary biometric information.
- Identity and Nationality Proof: A valid passport or similar document is needed to verify your identity and nationality.
Eligibility Criteria
Your eligibility is primarily dependent on your relationship with the Skilled Worker. The Skilled Worker in question should either be in the midst of their visa process, currently hold a visa, or have previously been granted permission and is now settled or a British citizen. For partners, it’s important to note that you must be at least 18 years of age when applying.
Special Conditions for Applicants Within the UK
If you’re applying from within the UK, there are specific conditions to be aware of. You cannot be on a visa as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, or Domestic Worker in a Private Household. Students looking to change their status to a dependant must meet additional criteria related to their course completion and current study status.
Consequences of Incomplete Applications
An application failing to meet these requirements risks being rejected. It’s vital to double-check all details and ensure compliance with the criteria to avoid unnecessary delays or rejection.
By breaking down the application process into manageable steps and understanding the eligibility criteria, you can confidently navigate your way to joining or staying with your loved one in the UK under the Skilled Worker route.
Navigating Suitability Requirements for Dependants of Skilled Workers
When you’re looking to stay in the UK as a dependant of a Skilled Worker, there are also specific suitability requirements you need to meet to ensure your application is successful. This section helps you understand these requirements clearly, allowing you to prepare your application without overlooking crucial details.
Avoiding Grounds for Refusal
Your first step is to ensure that you don’t fall under any grounds for refusal as outlined in Part 9 of the Immigration Rules. This means your application should not contain any details or history that could lead to automatic refusal. Paying attention to your immigration history and ensuring it aligns with the UK’s immigration policies is vital.
Staying Within the Law
If you’re applying from within the UK, your immigration status plays a significant role in your application’s success. Specifically, you should not be:
- In breach of immigration laws: Your stay in the UK must be lawful, and you should not have overstayed your visa. However, if you have overstayed under circumstances covered by paragraph 39E, this period of overstaying may be disregarded, offering a bit of leniency under specific conditions.
- On immigration bail: Being on immigration bail indicates unresolved issues with your immigration status and could negatively impact your application.
Meeting these suitability requirements is crucial for a smooth application process as a dependant partner or child of a Skilled Worker. Ensuring that you align with these guidelines will help avoid delays or refusal, bringing you one step closer to securing your stay in the UK alongside your loved one.
Understanding Eligibility for Dependants of Skilled Workers in the UK
When planning to join a loved one in the UK as their dependant, there are specific eligibility requirements you need to meet. These requirements ensure that dependant partners and children align with the UK’s immigration rules. Let’s break down what you need to know to make your application process as smooth as possible.
Entry Clearance Requirement
The first step in your journey is to secure entry clearance before arriving in the UK. Whether you’re a partner or a child of a Skilled Worker, obtaining this clearance is mandatory. This means you’ll need to apply for and receive confirmation that you’re allowed to enter the UK as a dependant. Doing so ensures that your entry into the UK is lawful and sets a solid foundation for your stay.
Tuberculosis Screening
Health is a significant concern, and the UK takes steps to ensure that those entering do not pose a public health risk. If you’re from a country where tuberculosis (TB) screening is required (you can find this list in the Appendix Tuberculosis of the immigration rules), you need to undergo screening for active pulmonary tuberculosis.
Here’s what you need to do:
- Get Screened: Before applying for your visa, undergo TB screening at a clinic approved by the UK Home Office.
- Submit a Medical Certificate: Along with your visa application, provide a valid medical certificate confirming that you’ve been screened for TB and that it is not present. This certificate is a crucial part of your application and must be submitted to meet the health requirement.
Meeting Relationship Requirements for Dependants of Skilled Workers in the UK
Joining a loved one in the UK as a dependant of a Skilled Worker requires meeting specific relationship criteria. These criteria differ slightly depending on whether you’re applying as a partner or a child. Let’s explore what you need to know to navigate these requirements successfully.
For Dependant Partners
If you’re aiming to join your partner in the UK, your relationship needs to fit one of the following scenarios:
- Your Partner Holds a Skilled Worker Visa: This is straightforward—if your partner is already in the UK on a Skilled Worker visa, you can apply as their dependant partner.
- Joint Applications: If your partner is applying for a Skilled Worker visa, you can also apply as their dependant at the same time. Both applications should be successful if you meet the requirements.
- Settled or British Partners: If your partner has settled in the UK or become a British citizen after being on a Skilled Worker visa, you can apply provided you were already their dependant partner at the time they settled.
Additionally, your relationship have to meet the standards set in the Appendix Relationship with Partner. This usually means proving that your relationship is genuine and that you intend to live together in the UK.
For Dependant Children
Children looking to join their parent(s) in the UK must satisfy specific criteria outlined in Appendix Children, which include:
- Relationship Requirement: The child must be related to the Skilled Worker or their partner in a way that meets the UK’s immigration requirements for dependant children.
- Care Requirement: There must be evidence that the child is properly cared for and that their move to the UK will not adversely affect this care.
- Age and Independent Life Requirement: The child has to be under 18 and not leading an independent life. This means they should not be married, in a civil partnership, or have formed an independent family unit.
The Financial Requirement for Dependants of Skilled Workers
If you’re planning to join or remain with a Skilled Worker in the UK as their dependant partner or child, understanding the financial requirements is crucial. These rules ensure that dependants have sufficient support during their stay in the UK. Here’s a breakdown of what you need to know.
Long-term Residents
For those who have been living in the UK for 12 months or longer with permission, the process is straightforward:
- You automatically meet the financial requirement and do not need to provide evidence of funds. This simplifies your application process significantly.
New Entrants or Short-term Residents
If you’re applying for entry clearance or have been in the UK for less than 12 months, the rules differ:
- You have to show access to funds of specific amounts, which the Skilled Worker, or another parent (in the case of a dependent child) who is lawfully in the UK or applying simultaneously need to have.
Alternatively, the Skilled Worker’s A-rated sponsor can pledge to support you financially.
Required Funds
The amount you need to have access to depends on your relationship to the Skilled Worker:
- Dependent Partner: £285
- First Dependent Child: £315
- Any Additional Dependent Child: £200
These funds are essential for ensuring you can comfortably start or continue your life in the UK without immediate financial stress.
Additional Financial Details
Combining Funds: If relying on collective funds, remember that the amount for the dependant(s) is in addition to any funds the Skilled Worker needs to meet their own financial requirement.
28-Day Rule: The funds must have been in the account(s) for at least 28 days before applying, as outlined in Appendix Finance. This period demonstrates financial stability.
Criminal Record Certificate for Dependant Partners
If you’re applying as a dependant partner of a Skilled Worker sponsored for one of these jobs:
1181 Health services and public health managers and directors
- 1184 Social services managers and directors
- 1241 Health care practice managers
- 1242 Residential, day and domiciliary care managers and proprietors
- 2211 Medical practitioners
- 2212 Psychologists
- 2213 Pharmacists
- 2214 Ophthalmic opticians
- 2215 Dental practitioners
- 2217 Medical radiographers
- 2218 Podiatrists
- 2219 Health professionals not elsewhere classified
- 2221 Physiotherapists
- 2222 Occupational therapists
- 2223 Speech and language therapists
- 2229 Therapy professionals not elsewhere classified
and
- 2231 Nurses
- 2232 Midwives
- 2312 Further education teaching professionals
- 2314 Secondary education teaching professionals
- 2315 Primary and nursery education teaching professionals
- 2316 Special needs education teaching professionals
- 2317 Senior professionals of educational establishments
- 2318 Education advisers and school inspectors
- 2319 Teaching and other educational professionals not elsewhere classified
- 2442 Social workers
- 2443 Probation officers
- 2449 Welfare professionals not elsewhere classified
- 3213 Paramedics
- 3216 Dispensing opticians
- 3217 Pharmaceutical technicians
- 3218 Medical and dental technicians
- 3219 Health associate professionals not elsewhere classified
- 3231 Youth and community workers
- 3234 Housing officers
- 3235 Counsellors
- 3239 Welfare and housing associate professionals not elsewhere classified
- 3443 Fitness instructors
- 3562 Human resources and industrial relations officers
- 6121 Nursery nurses and assistants
- 6122 Childminders and related occupations
- 6123 Playworkers
- 6125 Teaching assistants
- 6126 Educational support assistants
- 6141 Nursing auxiliaries and assistants
- 6143 Dental nurses
- 6144 Houseparents and residential wardens
- 6145 Care workers and home carers
- 6146 Senior care workers
You’ll have to provide a criminal record certificate. This requirement applies to countries where you’ve lived for 12 months or more, in total or continuously, within the last 10 years, starting from the date of your application, and when you were 18 or over. However, if obtaining such a certificate is not reasonably practicable, providing a satisfactory explanation may exempt you from this requirement.
Decision Making Process
Your application will undergo a thorough review process:
Approval: If you meet all the suitability and eligibility requirements, the UKVI will approve your application as a dependent partner or child.
Refusal: Failing to meet the criteria results in refusal, but you have the option to apply for an Administrative Review under Appendix AR if you believe there’s been an error in the decision.
Period and Conditions of Grant
The duration and conditions of your stay are tailored to ensure alignment with the main Skilled Worker visa holder’s status:
Dependent Partner:
- You will receive permission that aligns with your partner’s visa expiry date, or
- A 3-year permission if your partner is being granted settlement.
Dependent Child:
- Permission ends on the same date as the parent with the earliest visa expiry;
- Grant a 3-year permission unless both parents are settling or have become British citizens.
Conditions of Your Stay
include:
No Public Funds: You cannot access public funding.
Work Rights: You can engage in employment, including self-employment and voluntary work, except as a professional sportsperson or coach.
Study Rights: You may study, but you need to meet additional requirements if you are over 18 and your course requires an Academic Technology Approval Scheme (ATAS) certificate.