Can I Bring My Spouse & Dependent Child under Student Visa in UK?

Student Spouse and Child Dependent Visa UK

Following people are eligible for permission as a dependant of a person who has been granted permission as a student in the UK:

1. spouses
2. civil partners
3. unmarried or same-sex partners
4. dependent children of student or their partner under the age of 18

The dependent partner and/or dependent child can apply at the same time as the student. However, they can also apply for entry clearance to join the Student in the UK, or for permission to stay as a dependant, at a later date.

If a dependant partner and/or dependent child is applying as the dependant of a student who has already been granted permission within the UK, then all dependants are granted visa in line with the end date of the student’s visa.

Student Spouse and Child Dependent Visa UK Requirements

In terms of Appendix Student, a foreign person needs to meet the validity, suitability, and eligibility requirements to get student spouse and child dependent visa in the UK.

• Validity Requirements for Student Dependent Visa UK: The Paragraphs ST 28.1. to ST 28.4 of Appendix Student outline the minimum criteria which an applicant needs to fulfill for the further considerations. For instance, the applicant has used the correct form and supplied their identity documents. Applications which do not meet validity requirements are rejected as invalid.
• Suitability Requirements for Student Dependent Visa UK: The Paragraphs ST 29.1. to ST 29.2 of Appendix Student relates to the suitability of the applicant to be granted any form of permission, not specifically whether they qualify as a student dependant. Applicants must not fall for refusal on general grounds or be in breach of immigration laws. Applications which do not meet these requirements are refused.
• Eligibility Requirements for Student Dependent Visa UK: In terms of Appendix Student, the specific eligibility criteria for student dependent visa relate to:
  • student course requirement
  • relationship requirement for a dependant partner/dependent child
  • financial requirement for a dependant partner/dependent child
  • care requirement for a dependent child
  • age requirement for a dependent child

Can Spouse Work on Student Dependent Visa in UK?

In terms of Paragraph ST 39.3 (b)(ii) of Appendix Student, a dependent spouse of a student studying below degree level course cannot work in the UK. A dependent spouse of a student studying degree level course can work (including self-employment and voluntary work) in the UK. However, a student dependent cannot work or take employment as a professional sportsperson (including as a sports coach) in the UK.

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Multilingual qualified London based immigration specialists will get back to you, usually within 2-3 working days. If you have not attached any documents, then the UK based Law firm may ask for the relevant Case-Specific Document(s) such as Refusal Letters, Deportation Orders, Application Forms etc. Moreover, after reviewing the papers and information, the legal advisor may advise a course of action and quote the fees for processing the application.

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Validity Requirements Student Spouse Dependent Visa UK

Before considering suitability and eligibility requirements, the Immigration Officer/Home Office check the validity of the application under the paragraphs ST 28.1. to ST 28.4 of Appendix Student, which relate to:

1. Application Form
2. Application Fees and Immigration Health Charge
3. Biometrics and Identity Documents
4. Government or International Scholarship Agency Awards
5. Switching

Application Form

A person applying for entry clearance or permission to stay, as a student dependent, needs to apply on the specified form on the gov.uk website as follows:

• EEA National with a Chipped Passport: Dependant partner or dependent child can apply by using the UK Immigration: ID Check App or the forms listed below for dependant applicants outside or inside the UK as relevant
• Applicants outside the UK: Dependant partner visa Dependant child visa
• Applicants inside the UK: If the dependant is applying at the same time as the student applicant, they can be included in the form Student where the form allows dependants to be added. Otherwise: Dependant partner or Dependant child

Application Fees and Immigration Health Charge

The student dependent spouse and child visa applicants need to pay the relevant application fees and any Immigration Health Charge (aka Immigration Health Surcharge or IHS) for each year of their stay – usually @ £624 per year. The student dependent visa cost from outside the UK is £363. The Home Office fees 2022 for student dependent visa extension and switching application from inside the UK is £490. Once the visa is granted then student dependents need to pay £19.20 for biometrics information (fingerprints and a photo) in the UK.

Biometrics and Identity Documents

At the time of application, Student Dependent Visa applicants need to provide their biometrics. These biometrics details are verified against a valid passport or other travel document of the applicants

Government or International Scholarship Agency Awards

If in the last 12 months before the date of student partner or child dependent visa application, the applicant has completed a course of studies in the UK for which they have been awarded a scholarship or sponsorship by a government or international scholarship agency covering both fees and living costs for study in the UK, then they need to provide written consent in relation to their application from that Government or agency.

Switching

An applicant who is in the UK cannot apply to switch into the student route as a dependent if they have, or were last granted, permission as a Visitor, Short-Term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or outside the Immigration Rules. However, there may be other reasons that someone in those circumstances may be allowed to switch into the student route as a dependant, and the Home Office may consider this on a case by case basis.

Suitability

For entry clearance or permission to stay as a student spouse or child dependent in the UK an applicant needs to meet the suitability requirements under Paragraphs ST 29.1 and ST 29.2 of Appendix Student. Therefore, in terms of paragraph ST 29.1 the student dependent visa applicant must not fall for refusal under Part 9: grounds for refusal. Moreover, as per paragraph ST 29.2 an applicant applying for permission to stay must not be:

• in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
• on immigration bail

Eligibility Requirements Student Spouse Dependent Visa UK

In terms of Appendix Student, eligibility requirements for UK Student Spouse and Child Dependent Visa relates to:

1. Entry Requirement
2. Tuberculosis Certificate
3. Student Course
4. Relationship
5. Care Requirement for a Dependent Child
6. Age Requirement for a Dependent Child
7. Financial (Living Cost)

Entry Clearance

A person seeking to come to the UK as a student dependent need to apply for and obtain entry clearance under Appendix Student before they arrive in the UK.

Tuberculosis Certificates

UK student dependent spouse or child visa applicant needs to provide a valid TB certificate with their application if they have been residing within a country listed in Appendix T of the Immigration Rules for more than 6 months immediately preceding the application. If an applicant fails to provide a valid TB test certificate, then the application is refused under paragraph ST 3.2 of Appendix Student.

Student Course

The following Students are allowed to have dependants with them in the UK:

• Students who have financial sponsorship from a government or international sponsorship agency to study a course lasting 6 months or longer
• Students studying above degree level at a higher education provider with a track record of compliance on a course lasting 9 months or longer
• A student who has permission, or had permission within the last 3 months to study on a full-time course of 6 months or longer, and who are now applying for permission to study a full-time course of 6 months or longer where either:
  • the partner or child applying has been the student’s dependant in that period
  • the child applying was born since the last grant of permission to the student and they are applying at the same time as the student or the dependant partner
• Students with permission on the Doctorate Extension Scheme
• Students whose child was born in a timeframe set out at Appendix Student ST 31.2 (see below) are allowed to have that child as a dependant with them in the UK

Course Less than 6 months

Students who are studying in the UK for less than 6 months cannot bring dependants to the UK.

Child Students

Child Students cannot bring dependants with them to the UK

Relationship

Dependants of a Student need to prove the relationship with the student is genuine and subsisting relationship. Accordingly, an applicant can use the birth certificates and marriage certificates as proof of relationship but may use other documents as well. However, if a dependant partner or child has previously been granted permission as a dependant of the student, then they do not need to provide this evidence again.

Proof of relationship for dependant partners

If the Student and the dependant partner are married or in a civil partnership, then an applicant for UK student spouse or partner dependent visa may provide:

• a valid document providing record of the marriage or civil partnership such as a marriage or civil partnership certificate
• a valid overseas registration document for a same-sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act of 2004

Unmarried Partners

If the student and the person applying as a dependant partner are not married or in a civil partnership, then they can demonstrate a genuine and subsisting relationship by providing evidence they have lived together for 2 years such as:

• bank statements, council tax, or utility bills
• residential mortgage statements or tenancy agreements
• official correspondence or documents that link the student and their partner and show they are living at the same address

This is not an exhaustive list. A UK dependant spouse or partner visa applicant can use other documents to demonstrate that their relationship is genuine and subsisting with the student.

Proof of relationship for dependent children

Dependent children of a student need to submit evidence that they are related to the student or the student’s dependant partner as claimed. This can be evidenced by the child’s birth certificate that shows the name of the child and parent. However other documentation can also be used to evidence the parental relationship with the child.

Official documents issued by overseas governments may not always be in the same format as a UK birth certificate. Therefore, the Home Office may accept these if the document has been issued by a government or a court, clearly demonstrates a relationship, and is either in English or is accompanied by a verified translation. Accordingly, acceptable evidence of a parental relationship for a UK student dependent child visa can include:

• full birth certificates
• a court order such as a special guardianship order
• a government issued household registration certificate such as family form

This doesn’t represent an exhaustive list as other forms of documentation can be used to demonstrate that the dependent child is a child of the student or the dependant partner of a student.

Please note, the Home Office may not accept an affidavit as these are only evidence that someone has made a sworn statement regarding a claimed relationship, and not evidence of that relationship by themselves.

UK Student Dependant Child Visa: Care Requirements

To obtain a UK Student Dependant Child Visa, the applicant must meet the care requirements. This means they must live with the student and any dependant partner in a suitable care arrangement that meets UK legislation, unless the applicant is aged 16 or over. It’s important to note that the Home Office will also consider the application under Section 55 duty to regard the wellbeing of children under 18.

Eligibility for Dependent Child Over 16 on UK Student Visa

To be eligible for permission as a dependent child over 16 on a UK student visa, the individual must meet two conditions. Firstly, they must apply as a dependant of a student who is permitted to have dependants in the UK and has held permission as a dependant of that student or their partner. Secondly, the individual must not be living an independent life, meaning they are unmarried, living with their parent, not employed full-time (unless aged 16 or over), primarily financially supported by their parent(s) (unless aged 16 or over), and primarily emotionally supported by their parent(s).

To apply as a dependent child, the applicant must prove they are not living an independent life. Evidence includes bank statements, credit card bills, and official letters from schools or universities. If not living with the student due to studying elsewhere, evidence of financial support is required.

Financial Requirement for Student Spouse Dependent Visa UK

To be eligible for a Student Spouse Dependent Visa, a dependant of a student must demonstrate that they have adequate funds to cover their living expenses while in the UK. However, if the dependant has already been in the UK with permission for 12 months or more on the date of application, they will automatically meet the financial requirement.

Calculating Funds

The level of funds required for dependants of a student will depend on the student’s permission length, UK study location, and doctorate extension scheme status. Evidence of finance for up to 9 months is necessary, with amounts of £845/month for Greater London and £680/month for other areas. Start dates depend on the intended travel date, expiry of current permission, or date of application. Dependants applying under the doctorate extension scheme must demonstrate finance for 2 months.

Financial Evidence for Student Spouse Dependent Visa UK

Dependants of a student applying for permission to enter or remain in the UK must provide evidence of meeting the financial requirement. This can be done by submitting bank statements that meet the requirements of Appendix Finance FIN 5.1 and FIN 8.1 or a sponsorship letter from an official financial sponsor of the student that mentions the dependant’s name and confirms that they will cover living expenses. The Home Office may also consider other evidence of financial support, such as payslips or tax returns.

Documents Required for Student Spouse and Child Dependent Visa UK

To meet the UK student spouse or child dependent visa requirements an applicant needs to furnish the following supporting documents with the application:

1. Print out of the UK Student Visa Online Application Form
2. a current passport (or other valid travel identification) that shows applicant’s identity and nationality with a blank page on both sides for affixation of the visa vignette
3. certified translation of any documents that are not in English or Welsh
4. proof of meeting the financial requirements (money for maintenance in the UK and paying the course fees) such as bank statements, or a sponsorship letter from an official financial sponsor of the student
5. written consent for application from financial sponsor if the applicant received sponsorship for course fees and living costs in the last 12 months
6. Immigration Health Surcharge (IHS)
7. tuberculosis test results, if applicable
8. proof of relationship such a marriage or birth certificate – or any other documents proving genuine and subsisting relationship with the student
9. proof of adequate living arrangement for children under 16 years of age – if applicable

Please note, this is not an exhaustive list as the required supporting documents for UK student spouse or child dependant visa application depends on the circumstances of the applicant.

Student Spouse and Child Dependent Visa UK Processing Time

The service standard for UK Student Spouse or Child Dependent Visa Processing Time after Biometrics in 2021 is to decide 90%, 98% and 100% of the applications within 15, 30 and 60 working days, respectively. Accordingly, the UK student spouse or child dependent visa processing time is usually within 3 weeks or 15 working days for 90-95% of the applicants. Moreover, applicants can fast track UK student spouse or child dependent visa processing time within five working days (or 24-hours) by purchasing the £220 priority visa service (or £956 super priority visa).

The service standard for UK student dependent visa extension processing time after biometrics is 8 weeks for renewal applications. Moreover, applicants can fast track UK student visa processing time for extension (renewal) applications within 5 working days or 24 hours by purchasing the £500 or £800 priority or super-priority service, respectively.

Please note, purchasing the priority or super-priority service for fast-tracking UK student partner or child dependent visa processing time does not influence the decision. In fact, these premium services are only for fast tracking UK student spouse or child dependent visa processing time of straightforward applications.

Success Rate

According to the latest immigration statistics, from 2020 Q4 to 2021 Q2, 14,931 UK Student Spouse and Child Dependent Visa applications resolved, and 13,525 visas granted. Moreover, 1,394 applications rejected, 12 applications withdrawn, and no application lapsed. Therefore, the UK student spouse or child dependent visa success and rejection rate are 90.58% and 9.33%, respectively.