UK Family Visa ุ



Getting in touch with Siam Legal’s immigration attorneys is the best way to secure a UK Family Visa. Successful applicants who obtained visas to enter the United Kingdom under permanent categories are entitled to bring certain family members with them to the UK.


To qualify for the UK Family Visa, you must be either:

  • The spouse of the main applicant.
  • The unmarried partner of the main application. Please see the section on unmarried partners.
  • You are the child under 18 of the main applicant accompanying your parents to the UK.

It is sometimes possible for a child to accompany one parent to the UK, but special rules apply and you are advised to contact Siam International Legal Group in this regard.

Please note that children over 18 need to qualify independently under the Immigration rules for rights of residence in the UK. Exceptional applications for children over 18 to accompany parents as dependents may be possible in very restricted circumstances, for which advice is needed

A Family Permit takes the place of an ordinary UK entry visa and it is a visa under a different name but it does not act in the same way as a visa which is normally issued for a specific time or purpose and comes with restrictions.


Wife/husband/children aged below 21


An EEA/EU national who is exercising a Treaty right to either work in the UK, study or retire in the UK may apply for a Family Permit to allow their visa national spouse or children to live with them in the UK. A family permit is valid initially for six months and can be post-dated for up to three months after the date of application. If you are working or retired in the UK children over 21 years of age may be admitted if they are not leading a separate family life and are proven to be financially dependant on you. This applies to the children of the visa national party as the children of the European party normally have the automatic right to be in the UK. If you are not working in the UK you will need to prove that you have sufficient funds available to support your family without recourse to Public Funds. A separate application form must be completed for each family member over 16 years of age.

A Family Permit takes the place of an ordinary UK entry visa and it is a visa under a different name but it does not act in the same way as a visa which is normally issued for a specific time or purpose and comes with restrictions.

Dual Nationality

If you hold British Citizenship and nationality of another EU country, for example Ireland, you can choose whether to make an application as a British Citizen or as an Irish Citizen. There are various advantages and disadvantages in either case and you should seek expert advice regarding your personal circumstances.

Grounds for Refusal:

* If the Entry Clearance Officer feels that the marriage is purely one of convenience for immigration purposes.
* If the EU spouse does not have the right to reside in the UK.
* If the EU spouse cannot prove that they are working in the UK or if insufficient funds are available.
* If any documents presented are forged, false or deliberately misleading.
* If any false statements are made by the EU spouse or the visa national applicant in connection with the application.

Same Sex Partners or Unmarried Partners

There are currently no family permits available under the Treaty in these categories. There is a proposal under consideration by the EU Parliament that may allow these and details of a change in the law are expected to be announced in mid 2006.

Fiance or Fiancee

There are no provisions for a Fiancee under EU regulations. The normal application and fees due for a British Citizen making an application for a fiancee visa apply.

Students

EU students may only apply to have their spouse or dependant children to join them in the UK. A student may take up employment in the UK but may have to register under the Workers Registration Scheme.

            Some Rules and Restrictions on Holders of UK Student Visas

  • The visa will be granted for the same period as the main applicant.
  • You do not need a work permit and can work without restriction, except in the case of dependents of retired persons of independent means, who are prohibited from taking employment.
  • You can leave and enter the UK multiple times.
  • You have no recourse to public funds.

A student visa does not lead to indefinite leave to remain, unless you study in the UK for a continuous period of ten years, at which time you can apply for indefinite leave to remain under the discretionary 'ten year' rule.

How do I apply and do I need entry clearance?

Yes, applications for entry clearance have to be made through the British Embassy in Bangkok. In cases where the main applicant has obtained a work permit, the work permit has to be obtained first in the UK before entry-clearance applications can be made. In all other cases, applications by family members for entry-clearance may be made at the same time as the main applicant.

Siam International Legal Group will be able to assist dependants of all holders of permanent categories to apply for this visa.

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