Apply if you are Family Member or Primary Carer of a British Citizen
Suppose you are a non-British individual and a family member or the primary carer of a British citizen; in that case, you might qualify to apply for a visa under the Family Member or Primary Carer of a British Citizen UK Visa Scheme. This route opens up a lawful way for you to stay with or be with your British family member in the UK, particularly when you or your dependents are mutually reliant.
Suppose you are a non-British individual and a family member or the primary carer of a British citizen; in that case, you might qualify to apply for a visa under the Family Member or Primary Carer of a British Citizen UK Visa Scheme. This route opens up a lawful way for you to stay with or be with your British family member in the UK, particularly when you or your dependents are mutually reliant.
About the Family Member or Primary Carer of a British Citizen Scheme
This visa category is primarily focused on preserving family unity and promoting the well-being of British citizens who are dependent on family members for care or companionship. It is aimed not only at immediate family members but also at persons with caregiving responsibilities for British citizens, whether they be children or vulnerable adults.
To be eligible under this scheme, the applicant must demonstrate that they are one of the following:
- That they are the closest family members (spouse, civil partner, child, parent, or other dependent relative) of a British citizen who is non-British;
- They form the central part of the care of a British citizen, usually a child or a vulnerable adult who cannot manage their own life, and thus, the applicant will be the one providing the daily care and support.
The scheme operates within the ambit of the UK human rights regime, particularly Article 8 of the European Convention on Human Rights (ECHR), which safeguards the right to family life. For those applicants who are primary carers of British children and thus have derivative rights of residence, the Zambrano principle might be invoked. This principle stipulates that non-UK nationals may stay in the UK if their departure would result in a British citizen being forced to leave the UK.
Applications are only accepted from within the UK. The applicant, if granted, will be given a limited leave of absence, generally for 30 months; however, an extension may still be possible. Settled status and, eventually, British nationality, provided that all the conditions are complied with, can be requested by successful candidates.
To obtain British citizenship as a family member or primary carer of a British citizen, one must follow a multi-step process. Most of the time, it begins with acquiring limited leave to stay, followed by indefinite leave to remain (ILR), and eventually becoming a naturalized British citizen.
Step 1: Limited Leave to Remain
If your visa application is accepted, the limited leave to remain you will receive will typically be for 30 months. In that time, you must make sure that you do not break any immigration rules. You must prove that you are still living with or are providing support to a British citizen.
Step 2: Indefinite Leave to Remain (ILR)
Having resided legally in the UK for five consecutive years on this basis, you are then eligible to request the ILR. You have to comply with the residency rules, demonstrate that you know the English language, and pass the Life in the UK test. Therefore, you cannot have periods of illegal immigration if you want to be granted ILR on time.
Step 3: Naturalisation as a British Citizen
The moment you are granted ILR, you can, after a space of 12 months at most, apply for British citizenship if you still fulfill the conditions. They are:
- Being of good character
- Occupying the place of residence in the UK
- English language and life in the UK
- No longer than the allowed days of absence from the UK
For children, registration as British citizens instead of naturalization may be a possibility, depending on the situation and the nature of the parents’ immigration status.
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We provide legal advice and offer comprehensive application assistance to individuals who apply as family members or primary carers of British citizens. The following are our services:
- Checking your eligibility under derivative rights or family-based routes
- Supporting you in collecting and getting evidence that complies with UKVI standards
- Preparing legal representations, your circumstances form the basis of
- Carrying out your application submission and keeping in touch with UKVI on your behalf
- Giving you follow-up assistance if there are difficulties or if your application is not accepted
We understand the emotional and practical importance of these applications and treat each case with the attention it deserves.
Applications for this scheme must be made from within the UK. It is not allowed to apply from overseas. You must fill out the corresponding application form electronically, pay the fee, and provide your biometrics.
The Home Office will investigate whether the removal of the applicant will result in a violation of the rights of the British citizen concerned. Essentially, a case typically revolves around the principle that a British citizen would be obliged to return if their family member or carer were removed from the country.
We recommend seeking legal advice before applying.
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The applicants must fulfill several strict conditions in order they be considered eligible under this visa scheme. The Home Office evaluates both the relationship and the dependency factors involved.
Primary Carer Route
When applying as the primary carer of a British citizen or an adult, you need to provide evidence, such as:
- The British citizen is dependent on you for their daily care
- No other means of care or support are reasonably available in the UK
- Removal of your presence would lead to the British citizen violating their rights under Article 8 ECHR by having to leave the UK.
Family Member Route
In case you are a family member (for example, a parent, spouse, child, or adult dependent relative), you should prove that:
- A genuine and ongoing relationship with a British citizen
- That your removal from the UK would have the effect of disproportionately disturbing family life
- If you are an adult dependent relative, you must prove that you need continuous care and that such care is not available or affordable in your home country.
Besides that, the following conditions have to be met:
- You must reside in the UK when you apply
- You should not be in the UK without authorization or be overstaying without valid reasons
- English language and financial requirements may be applicable, depending on your route.
If the applicant bases their application on human rights grounds (derivative rights), there is no requirement for the applicant to be financially self-sufficient; however, providing evidence of how they support themselves can still help strengthen the application.
Many candidates encounter difficulties due to typical mistakes or misconceptions.
- Not providing a clear statement of how they are dependent on or care for others.
- Providing incomplete or inconsistent papers
- Choosing the wrong visa type or the incorrect application form
- Failing to prove that the British citizen would be forced to leave the UK
- Going over the permitted stay period before applying
- Failing to present a compelling human rights case
Taking precautions during the preparation stage and seeking legal assistance are means to overcome such handicaps.
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If you are a family member or primary carer of a person from Northern Ireland, you may also be eligible for a permit under this route, but with some modifications.
Eligible Relationships
You can make an application if you are:
- A husband, a wife, a civil partner, or a partner with a durable relationship
- A parent or a child
- A dependent relative who is caring for a person from Northern Ireland and, therefore, needs care.
Additional Notes
The person from Northern Ireland must:
- Be a British citizen
- I was born in Northern Ireland
- Have kept their residence in Northern Ireland.
This route also takes into consideration the effect of the removal of a family member on a Northern Irish citizen’s ability to remain in the UK, using the same human rights approach.
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You need to show evidence of your relationship and dependency. This consists of:
- Birth or marriage certificates
- Proof of living together
- Medical records if applying as a carer
- Statements describing your work and tasks
- Proof that your removal will affect the British citizen to a great extent
- Immigration history and documentation
All papers must be given in English if they are initially in a different language.
The processing time is not fixed. As a rule, the average time for making a decision is from 8 to 12 weeks starting from the day of biometrics submission. More complicated cases might require a longer time, especially when additional evidence or interviews are necessary. The applicants are advised not to leave the UK while their application is still pending, as doing so may be considered a withdrawal.
If a lawyer represents a person, the process of applying can often be smoother, and the delays caused by mistakes or missing information can be reduced.
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What We Offer
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we understand that immigrating to a new country is a significant
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Visas for Grandparents, Parents, and Other Dependent Relatives
This program also includes family members, such as grandparents, parents, or siblings, but only if they are dependent and can prove it according to strict criteria.
To apply to a dependent relative, you have to convince:
- You need continuing care because of your age, illness, or disability
- That care is not available or affordable in your home country
- You have no other close relatives who can provide that care
This threshold is set very high, and a majority of cases submitted in this category are subjected to strict re-examination. It is of utmost importance to consult with a legal professional when deciding to apply for extended family members.
FAQ
Frequently Asked Questions
Can I apply as a primary carer of a British citizen from outside the UK?
No. Applications submitted under this scheme should be from within the UK only.
Is it necessary to fulfill the financial requirement condition to make an application?
Not always. Usually, if one applies on human rights grounds, there is a waiver for the financial requirement.
Am I allowed to work in the UK while having this visa?
Yes, in most cases, you will be permitted to work during the period of your limited leave to remain.
Is it necessary to seek legal assistance for this visa application?
It is highly recommended. Most refusals result from insufficient documentation or misunderstanding of the law.
What will happen if my application is not accepted?
You may challenge the decision, particularly in cases where your rights, as outlined in Article 8 of the ECHR, have been infringed.
Is it possible to have my children included in the application?
Yes, but it is necessary to provide proof that they are also dependent or members of the family unit.
