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Visa/ Immigration Advice

Bringing Your Family to the UK (Dependants) - Applying for Entry Clearance

If you have dependants and you wish for them to join you in the UK whilst you study, this page explains the main requirements for dependants of Tier 4 (General) student visa holders. You and your dependants may apply for a visa at the same time, or your dependants may apply after you have obtained your visa.

More information on dependants can be found at:

You must ensure that you read this information and related links very carefully. If you have an old style student visa (pre Tier 4), please contact us at isa@uel.ac.uk as some requirements are different.

 

Who are dependants?

  • Spouse/ Civil Partners
  • Unmarried Partners (living together for at least 2 years)
  • Children under the age of 18

The above list are the only family members which can be considered as 'dependants' under the points based system (PBS) rules.

Who can bring dependants to the UK?

Currently the Tier 4 rules for dependants allow students at UEL who are studying on a postgraduate course of 12 months or longer to bring dependants with them to the UK.

  • If the dependant is a spouse/ civil partner/ partner, he/she must be 18 or older.
  • If the dependant is a child under 18 both parents should normally be in the UK with the child. see notes below

 

If your dependant is a child The Home Office website states that ”Unless you have sole responsibility for your children or there are serious reasons why they must be allowed to come to the United Kingdom, they will not be allowed to come and live here unless both parents are already living in or coming to the United Kingdom.” If you do not have sole responsibility for the child and the other parent resides overseas then you must provide evidence of ‘serious and compelling family or other considerations which make exclusion of the child undesirable’ You must also provide evidence that suitable childcare arrangements have been made.

NOTE: Government sponsored students on course of 6 months or longer (at any level) and certain students who are applying to renew their visa but are on an undergraduate degree and already had dependants with them in the UK, may be able to apply for their dependants to join them in the UK. If you think that this may apply to you, please email us at isa@uel.ac.uk

What must my dependants do to come to the UK?

  • They must apply for a PBS dependant visa (either at the same time or after you)
  • They must provide evidence of their relationship to you
  • They must show evidence that they can support themselves without relying on public funds
  • They must provide evidence that the meet the immigration rules in Part 8 (319A – 319K) available at the UK Border Agency website

How much maintenance must my dependants show?

  • In most cases £5,400 for each dependant
  • In very few cases £1,200 for each dependant

 

If your dependant is applying for entry clearance as a PBS dependant at the same time as you, whether they have to show the higher maintenance of £5,400 or lower maintenance of £1200 – depends on whether you meet the higher or lower maintenance for your Tier 4 application. (See Tier 4 maintenance).  
If your dependant is applying after you, we advise you to show the higher maintenance level.

Types of funds

The money can be in either the student’s or dependant’s name. You must have the relevant amount of funds available to you through one of the following:

  • Money in own bank account (an account in students name or in dependant’s name).
  • Official Government financial sponsorship - UK or other government (in student’s name – if the sponsorship covers the living costs of the dependant).
  • Official International Scholarship Agency financial sponsorship (in student’s name – if the sponsorship covers the living costs of the dependant).
  • Official International Company sponsorship (in student’s name – if the sponsorship covers the living costs of the dependant).
  • Official University financial sponsorship (in student’s name – if the sponsorship covers the living costs of the dependant).

Evidence of funds

You can provide one of the following documents as evidence of the dependant's maintenance:

  • Bank statements showing the required funds or more have been held for a consecutive 28 day period ending less than 1 month before application, or
  • Original letter from your bank confirming that student or dependant has maintained the required amount of funds for the 28 day period immediately prior to your application (no more than a month old); or
  • Original letter from student's bank or financial organization confirming loan agreement and amount (less than 6 months old); or
  • Original letter from the organization providing student official financial sponsorship stating the amount that they will provide you with or a statement that they will provide the full tuition fees and living costs for the student and living costs for the dependant

Note: Letters and Bank statements should be dated no more than a month prior to application. All evidence should be original and meet all the criteria as stipulated in the Tier 4 guidance notes.

Bank Accounts

  • You can use more than one bank account in student or dependant’s name.
  • You can use UK or home country bank accounts in student or dependant’s name.
  • You can use joint bank account where you are one of the account holders named.
  • You cannot use bank accounts of other family members or friends.

Note: If your bank account is not in £ (Pounds Sterling) you must convert the closing balance and write it on the statement/ letter. The UK Border Agency uses the OANDA website and you should too. All evidence should be original and meet all the criteria as stipulated in the Tier 4 guidance notes.

Documents and Application Process

All applicants for PBS dependant will need to:

Evidence if dependant is spouse/ partner

  • Evidence of marriage/ civil partnership (for example: certificate)
  • If unmarried, evidence that you have been living together in a relationship similar to a marriage for at least the last 2 years (for example: bills and statements in joint name)
  • Evidence that your relationship is subsisting - whichever status of relationship you have:  you may need to prove that your relationship is ongoing, especially if you are already in the UK (for example: letters, emails, phone records visits to each other showing regular contact).
  • Provide evidence of suitable accommodation for you and your dependants to live together, especially if you are already in the UK. (for example: tenancy agreement and letter from you confirming that you intend to live together and that you have sufficient space)

Evidence if dependant is your child under the age of 18

  • Child’s birth certificate (or adoption certificate)
  • Evidence that both parents will be in the UK with child (unless evidence can be provided that student is sole surviving parent, has sole custody of child or there are exceptional circumstances for the child to join the one parent in the UK)

Dependants rights whilst in the UK

Generally the dependants of students are entitled to the same rights as the students. If the course is longer than six months, the dependants are able to access free NHS Healthcare and primary and secondary education for the child dependants of students.

Dependants are also allowed to work if the student has a Tier 4 visa for the UK of 12 months or longer. Dependants do not have to abide by the same restrictions as those on a student visa.

Dependants of students are also allowed to undertake full or part time study but in most cases will be required to pay overseas fees.

Student’s dependants in the main are not able to switch into other categories of visa whilst in the UK and may need to return to their country of normal residence if they wish to change their status from dependant (for example from dependant to Tier 4 or Tier 2 ).

NOTE: From summer 2011 new rules on dependants will mean that dependant visas will only be granted if the course of the student is for longer than 12 months in length. However dependants will retain the right to work.

Updated 21/03/2013

Tier 4 Sponsor Licence

University of East London (UEL) holds a Tier 4 Sponsor Licence and is listed on the UKBA register as a Highly Trusted Sponsor

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