Visa and Settlement Requirements for the Dependants of the Work Visa Holders in UK


The visa process for foreign nationals wishing to enter the United Kingdom varies according to the purpose of visit. This means that a person who wishes to enter the UK for study purposes will need to go through a different process than a person who wishes to enter for business purposes.

In relation to the visa categories that exist to facilitate people looking to come to the UK for employment purposes, the process further varies depending upon several factors such as the period of stay and the nature of the work. Some visa categories in relation to employment include the Tier 1 investor visa, Tier 1 general visa, Tier 1 entrepreneur programme UK, Tier 5 temporary worker visa etc.

For any person who has been granted a work visa and as such will work in the UK, the dependants that wish to join him/her will go through a different visa process. The following blog looks at these requirements in relation to children and partners of work visa holders who wish to temporarily or permanently come to the UK under these circumstances.

Requirements for Children of Work Visa Holders to Enter the UK 

Any child of a person who was granted a visa that relates to employment in the UK, such as UK Tier 1 visa holders (united kingdom investor visa, graduate entrepreneur visa, entrepreneur programme UK visa etc.), domestic workers, foreign business representatives will need to meet the below listed requirements to be granted permission to stay in the UK. These requirements are listed as:

  • The parent of the applicant (that is the child) is currently in the UK for employment purposes on a work visa (including categories such as Tier 1 visa, Tier 5 temporary worker visa, foreign business representative etc.);
  • The age of the child must be less than 18;
  • The child must not be under any form of illegal relationship such as a marriage since children under 18 cannot marry as per UK law;
  • The child is not living independently from his/her parent(s);
  • The parent(s) holding the work visa is in possession of sufficient money to provide for the child and will not face the need to resort to requesting money from public funds;
  • The child and his/her parent state that they will not stay in the UK beyond the legal period of stay they have been allowed;
  • Both the parents who hold responsibility over the child will join him/her in the UK. However, in the scenario where a valid and compelling reason is provided for only one of the two parents to join the child, an exception can be made. Furthermore, in the scenario where one of the parents has passed away or only one parent holds sole responsibility over the child, only that period will need to accompany the child;
  • The child holds a valid entry clearance document that was obtained in this regard, such as being obtained for temporary stay in the UK;

If the above mentioned requirements are fulfilled in the child’s visa application, and the UK Home Office grants him/her entry into the UK under these circumstances. The period of stay that is granted will not be greater than the period of stay allotted to the parent. Usually, the period of stay is the same as that of the parent, where it ends on the same date as the parent. But, if the parent has been granted permanent residency in the UK on the work visa, where he/she was previously living on a temporary visa, the child will be granted entry for a period of 30 months given the Home Office is satisfied with the visa application.

Furthermore, an entry clearance document must be shown to an immigration officer when the child arrives in the UK otherwise entry will be refused into the country.

Requirements for Children of Work Visa Holders to Permanently Settle in the UK 

In the circumstances where the parent has been granted nationality of the UK, the child can also be given nationality to join his/her parents permanently in the country. But first, the below mentioned requirements must be fulfilled to be eligible:

  • The parent was previously living in the UK on a temporary period of stay that was allotted to him/her on the work visa (including categories such as Tier 1 visa, Tier 5 temporary worker visa, t1 graduate entrepreneur visa, foreign business representative etc.), and now has been granted permanent residency on this category;
  • The child has applied for the relevant entry clearance document in this regard;
  • The child is not a subject to any conditions for refusal based on the immigration laws of the country. But, overstaying past the due date of the visa for less than 28 days does not count as a breach of law;
  • The UK government will assess the English language capabilities of the child and whether they’re good enough to sustain his/her stay in the UK;
  • The UK government will also assess the child’s knowledge of what life is generally like in the country, to get a better idea about whether the child can adequately adjust to British culture.

If the above mentioned requirements are adequately met by the child, permanent residency can be obtained given the UK government is satisfied with the visa application. However, even if the requirements are fulfilled but the UK government is not satisfied with the visa application, entry can be refused.

Requirements to Enter the UK as the Partner of a Work Visa Holder

  • The partner is a legal spouse or civil partner of the work visa holder. In case the couple is unmarried, the nature of the relation must be akin to marriage that has subsisted for at least 2 years;
  • The nature of the relation must be such that it does not become illegal under UK law;
  • The couple must still show the intent to permanently live with each other, and not to stay in the UK past the time allowed to them;
  • The couple are in possession of sufficient money to provide for their own expenses, and will not face the need to resort to requesting money from public funds;
  • Both the partner and the work visa holder must not be in any other relationship other than this;
  • The partner is not a subject to any conditions for refusal based on the immigration laws of the country. But, overstaying past the due date of the visa for less than 28 days does not count as a breach of law;

Requirements to gain an Extension as the Partner of a Work Visa Holder

The requirements are listed as follows:

  • The partner is not a subject to any conditions for refusal based on the immigration laws of the country. But, overstaying past the due date of the visa for less than 28 days does not count as a breach of law;
  • The partner is currently living in the UK under this same visa category as the partner of a work visa holder granted stay for a temporary period of time;
  • The previous stay that was granted must have been for a minimum of 6 months;
  • The relationship between the partner and the work visa holder has subsisted since entry to the UK;
  • The request for extension was not undertaken at a time when the work visa holder was given a deportation order by the UK government;
  • The couple must still show the intent to permanently live with each other;
  • The couple are in possession of sufficient money to provide for their own expenses, and will not face the need to resort to requesting money from public funds;
  • The UK government will assess the English language capabilities of the child and whether they’re good enough to sustain his/her stay in the UK. But, in the scenario where the age of the couple is such that he/she is unable to meet this requirement, or any other compelling circumstances exist that prevent the person from meeting the requirement, the Home Office can waiver this;
  • In the scenario the couple is unmarried, and the partner entered the UK with the intent to marry, they must submit proof of a valid marriage having taken place within this time period. In the scenario where the couple did not carry out this condition set in the original visa, a compelling reason must be provided and failure to do so will result in refusal of the visa application;

Requirements for Partners of Work Visa Holders to Permanently Settle in the UK 

The United Kingdom recognizes a valid partner to be under a marriage, an unmarried relationship akin to a marriage (which includes a same-sex relationship) or a civil partnership. The requirements for the partner of any person who holds a work visa (such as Tier 1 United Kingdom investor visa, Tier 1 graduate entrepreneur visa, Tier 1 entrepreneur visa, domestic workers, foreign business representatives etc.) to join him/her in the UK for permanent residence are explained as follows:

  • The person who holds the work visa must have been granted permanent residency in the UK;
  • The person who holds the work visa, holds a visa that is a valid employment category such as UK Tier 1 or Tier 5;
  • The relationship between the partner and the work visa holder has subsisted since entry to the UK;
  • The partner has stayed in the UK prior to the application for permanent residency, for a period no less than 2 years;
  • The Home Office will assess the nature of the current relationship between the couple to assess whether they intend to permanently stay with each other in the future or not;
  • In the scenario the person who held the work visa passed away, the partner must still have been with him/her in a relationship;
  • The partner was previously staying in the UK under these same circumstances on a visa granted for a temporary period of stay, or an extension on the visa;
  • The partner is not a subject to any conditions for refusal based on the immigration laws of the country. But, overstaying past the due date of the visa for less than 28 days does not count as a breach of law;
  • The partner must have applied for, or must be in possession of, a valid entry clearance document in this regard;
  • English language requirement is also fulfilled, which will be assessed by the Home Office.

If the above mentioned requirements are adequately met by the partner, permanent residency can be obtained given the UK government is satisfied with the visa application. However, even if the requirements are fulfilled but the UK government is not satisfied with the visa application, entry can be refused.

It should be noted that in the scenario where the person who held the work visa passed away, the partner can still apply for permanent residency in the UK.

Furthermore, an entry clearance document must be shown to an immigration officer when the partner arrives in the UK otherwise entry will be refused into the country.

In the scenario where the partner was a victim of domestic violence under these circumstances, the below listed requirements must be met to be given permanent residency in the UK:

  • The person who held the work visa, under whom the partner has been a victim of domestic violence, must have been given permission to permanently settle in the UK, or have been a British citizen at the time;
  • The partner must currently be residing in the UK;
  • The partner must have been living in the UK for a period not longer than 27 months;
  • The partner must be in a position to provide compelling and necessary evidence to sustain the fact that he/she suffered at the hands of his/her partner;
  • The partner must also show that the initial relationship when he/she entered the UK on this visa category, was not of this nature and was subsisting;
  • The partner himself/herself must not have broken any laws of the UK;

In the scenario where the partner, under these circumstances, provides sufficient evidence the attest the fact that he/she suffered from domestic violence, and meets all of the other above listed requirements, the Home Office will assess the case and grant permanent residency for the UK. However, any misrepresentation of facts or misleading the UK government will result in the visa application being refused.