Immigration Corner | When is a family visa needed?

Dear Mr Bassie,

Please advise me under what circumstances I should apply for a family visa. Any information would be greatly appreciated.

– WW

Dear WW,

Persons will need a family visa to live with a family member in the United Kingdom (UK) if planning to stay for more than six months.

APPLYING FROM OUTSIDE THE UK

Please note that persons can apply for a family visa to live with their:

• Spouse or partner;

• Fiancé, fiancée or proposed civil partner;

• Child;

• Parent;

• Relative who’ll provide long-term care for you.

If they are visiting the UK for six months or less, they should check to see if they need a Standard Visitor visa or Marriage Visitor visa.

EXTENDING A FAMILY VISA

Persons should also be aware that they can apply to extend their stay with their family member if they are already in the UK on a family visa. They can extend it at any time before their current permission to stay over there expires.

If extending to stay with the same family member, persons will only get up to 28 days left on their current stay added to a new visa.

Please note that persons must live in the UK for a certain amount of time before they are eligible for settlement, that is, ‘indefinite leave to remain’. It is advisable that persons check how much time they will need to settle in the UK before extending their visa. Persons might also be able to apply to stay on the basis of their private life if they have already lived in the UK for many years.

SWITCHING TO A FAMILY VISA

Those persons who went to the UK on a different visa might be able to switch to a family visa to stay with their spouse or partner, child or parent. It should be noted that those persons can switch at any time before their current permission to stay in the UK expires.

FEES

The fees will depend on which persons join and how they apply. The cost, if applying outside of the UK and if joining a partner, parent or child, is £1,846; and it is the same amount for each dependent added to the application. The cost of applying within the UK and if joining a partner, parent or child is £1,048; and it is the same amount for each dependent is added to the application.

COST FOR ADULTS WHO NEED TO BE TAKEN CARE OF BY A RELATIVE

Costs will depend on what permission a relative has. If they have temporary ‘protection status’ (permission to stay as a refugee or with humanitarian protection) it costs:

• £404 if applying from outside the UK;

• £1,048 applying from inside the UK.

Otherwise, it costs:

• £3,250 if applying from outside the UK;

• £1,048 if applying from inside the UK.

Persons who cannot pay the fee may be eligible for a fee waiver in certain situations. For example, if they cannot afford a place to live or their essential living costs.

HEALTHCARE SURCHARGE

Please be aware that persons might also need to pay the healthcare surcharge as part of their application.

For each adult (18 or older) it costs:

• £1,560 if staying for two years and six months;

• £1,872 if staying for two years and nine months;

• £3,120 if staying for five years.

For each child (under 18), it costs:

• £1,175 if staying for two years and six months;

• £1,410 if staying for two years and nine months;

• £2,350 if staying for five years.

If applying from the UK, persons may be able to pay an extra £1,000 for the super priority service to get a faster decision. However, they cannot use the super priority service if they are applying as an adult going to be cared for by a relative.

Please note that once in receipt of the decision letter, the biometric residence permit will normally take up to 10 working days to arrive.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com