Children applying with or to join a parent
A child under 18 can normally apply at the same time as a parent, or later to join a parent who is already here. Applying together is simpler and usually cheaper than applying separately afterwards, so tell us about every child at the first conversation even if you were not planning to bring them yet.
The child must not be leading an independent life, must not be married or in a civil partnership, and must be adequately maintained and accommodated without public funds.
The requirement that causes difficulty is where only one parent is coming to or is already in the UK. In that case you generally need to show either that the applying parent has sole responsibility for the child's upbringing, or that there are serious and compelling family or other considerations that make exclusion undesirable.
Sole responsibility is a real test, not a formality. It looks at who actually makes the decisions about the child's education, health, welfare and finances over time — not who the child happens to live with, and not simply what a court order says. Evidence of continuous involvement in those decisions, school and medical correspondence, and financial support all matter. Where the other parent is alive and involved, this is difficult and needs advice.
Where a child has lived in the UK for seven years or more, a separate and often stronger set of arguments arises about whether it is reasonable to expect them to leave. That is worth raising early.
Applying as the parent of a child in the UK
This is a different route with a different logic. It is for a parent whose child is in the UK, where the parent does not qualify as a partner.
The child must be under 18, must be living in the UK, and must be either a British citizen, settled here, or have lived here continuously for at least seven years. The applicant must not be the partner of the child's other parent — if you are, the partner route applies instead.
The applicant must have either sole parental responsibility for the child, or direct access to the child in person as agreed with the parent or carer they live with or as ordered by a court, and must be taking and intending to continue to take an active role in the child's upbringing.
These applications turn heavily on the best interests of the child, which section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to treat as a primary consideration. Evidence of the actual relationship — contact, school involvement, the child's own circumstances — does far more work here than it does elsewhere in the Rules.
Adult dependent relatives: the honest position
We will be blunt about this one, because a great many people are not.
The adult dependent relative route allows a parent, grandparent, adult child or sibling of a British citizen or settled person to come to the UK where, as a result of age, illness or disability, they require long-term personal care to perform everyday tasks. That much sounds achievable.
The difficulty is the second limb. You must also show that the required care cannot be provided in the country where they live, either because it is not available and there is no person there who can reasonably provide it, or because it is not affordable. The bar for that is set extremely high, and the availability of paid care in the home country — even care the family finds unsuitable — is generally treated as sufficient.
Applications under this route succeed rarely. Where they do, it is usually on comprehensive independent medical evidence, clear evidence about care provision in the specific country and location, and full financial disclosure. Applications made outside the UK cannot generally be switched into from inside it.
We will tell you honestly what we think your prospects are before you spend anything. If we think an application would fail, we will say so — and where there is a realistic alternative, such as long-stay visits, we will explain that instead.
What we need to advise you properly
The right advice here depends almost entirely on the family's actual circumstances, so the more of this you can tell us at the first call, the more useful it will be.
- Who is where, and on what status Every family member, their nationality, and what leave they hold in the UK.
- The other parent's position For child applications this is usually the decisive fact. Where they are, what involvement they have, and any court orders.
- How long a child has been in the UK Seven years of continuous residence opens arguments that are not otherwise available.
- Medical evidence, for adult dependants What care is needed, why, and from whom — independent and specific, not a general letter.
- Care available in the home country What exists locally and what it costs. This is the limb that decides the application.
- Any immigration history Refusals, overstaying, removals — for anyone involved. Tell us early; it is much easier to deal with before an application than after.