Immigration Corner | Applying to join a family member in the UK

Dear Mr Bassie,

My spouse lives in the United Kingdom, and I would like to go and live with him. Please let me know if this is possible.

RS

Dear RS,

Persons will need a family visa to live with a family member in the UK for more than six months.

APPLYING FROM OUTSIDE THE UK

Persons can apply for a family visa to live with their:

• Spouse or partner

• Fiancé, fiancée, or proposed civil partner

• Child

• Parent

• Relative who will provide long-term care for the applicant.

Please note that persons who are visiting the UK for six months or less must check to see if they will need a Standard Visitor visa or Marriage Visitor visa.

EXTENDING A FAMILY VISA

Persons can apply to extend their stay with a family member if they are already in the UK on a family visa and can extend at any time before their current permission to stay in the UK expires.

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

Further, persons must live in the UK for a certain amount of time before they become eligible for settlement (‘indefinite leave to remain’). Persons should check how much time they need to settle in the UK before extending their visa. It should be noted that they might be able to apply to stay on the basis of their private life if they have lived in the UK for many years already.

SWITCHING TO A FAMILY VISA

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

• Parent

Those persons can switch at any time before their current permission to stay in the UK expires.

Please be aware that persons who do not meet the rules to enter or remain in the UK because of coronavirus might still be able to apply to extend their stay or switch to a family visa. Persons are advised to read the guidance for UK visa applicants and temporary UK residents that is available online.

FEES

How much it costs depends on how persons apply.

Apply outside the UK Apply in the UK

Cost if joining your partner, parent or child £1,523 £1,033

Cost for each dependent added to your application £1,523 each person £1,033 each person

Cost for an adult who needs to be looked after by a relative £3,250 £1,033

Persons might also need to pay the healthcare surcharge as part of their application. Also, if applying to extend or switch in the UK those persons will need to pay £19.20 to have their biometric information (fingerprints and a photo) taken.

Also, if applying from the UK, persons may be able to pay an extra £800 for the superpriority service to get a faster decision. However, they cannot use the superpriority service if they are applying as an adult going to be cared for by a relative.

Please note that once a successful decision letter is received, the biometric residence permit will take up to 10 working days to arrive.

HOW LONG THE DECISION TAKES

Persons who apply outside of the UK, a decision will usually be made within 12 weeks.

If the application is made in the UK, a decision will usually be made within eight weeks of the date of application if using the standard service.

If the superpriority service is used, a decision will usually be made:

• By the end of the next working day after providing biometric information if the appointment is on a weekday

• Two working days after providing the biometric information if the appointment is at the weekend

Please be aware that working days are Monday to Friday, not including public holidays.

Persons should note that it might take longer if their application is complex, for example, they:

• Do not meet the minimum income requirement

• Cannot prove their knowledge of English

• Need to attend an interview

• Have not provided all the evidence that the Home Office needs

• Have a criminal conviction or another personal circumstance that needs to be reviewed

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, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com