Visa/ Immigration Advice
Dependants - Extension in the UK
If you have dependants and you wish for them to remain in the UK with you 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. It is cheaper if you and your dependants apply for an extension at the same time.
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?
- Which student dependants can extend their visa in the UK?
- What must my dependants do to extend their visa in the UK?
- How much maintenance must my dependants show?
- Documents and application process
- Dependants rights whilst in the UK
Who are dependants?
- Spouse/ Civil Partners
- Unmarried Partners (living together for at least 2 years)
- Children under the age of 18
NOTE: If your dependant is a spouse/ civil partner/ unmarried parner, he/she must be 18 or older.
NOTE: If your dependant is a child both parents should normally be in the UK with the 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.
Which student dependants can extend their visa in the UK?
The Tier 4 rules (as of 04/07/11) allow students' dependants to extend their visa in the UK if the student is studying on a postgraduate course of 12 months of longer (or a government sponsored student studying for at least 6 months) and:
- If the dependant is already in the UK as a student dependant (dependant of an old style student visa holder), or
- If the dependant is already in the UK as a Points Based System (PBS) dependant (dependant of a Tier 4 or other PBS visa holder), or
- If the dependant is already in the UK as a dependant of some other work categories (for example work permit), or
- If the dependant is a child recently born in the UK and therefore holds no visa. (A child born in the UK does not have to apply for a dependant visa in order to remain in the UK, but if the child wants to travel and then return to the UK, he or she would need to apply for a dependant visa)
NOTE: If you have dependants already in the UK and you are applying for a Tier 4 visa for a postgraduate course shorter than 12 months or for a course at bachelor's level or below, the rules state that your dependants cannot normally apply for an extension of their stay in the UK.
IMPORTANT NOTE: for undergraduate students: - For continuing Tier 4 students applying for an extension with dependants at the same time as the main applicant it may also be possible to extend dependants application even if the course is not postgraduate level if applying within 3 months of both the main applicants’ and the dependant’s visa expiring and if the applicant previously had leave for a course of more than 6 months. This is quite complicated so it is important to read Paragraph 31 of the Dependant’s Policy Guidance to ensure that you and your family are eligible.
NOTE: If you have had or are due to have a baby whilst you are studying at UEL, please email isa@uel.ac.uk for specific advice
If you have dependants who are in the UK with a visa other than those listed above, the rules state that they cannot apply for an extension of stay (switch) in the UK to dependant. They may be able to apply for a dependant visa from their home country (see Student dependants Entry Clearance). If these circumstances apply to you, please email isa@uel.ac.uk for advice.
What must my dependants do to extend their visa in the UK?
- They must apply for a PBS dependant visa either at the same time or after you. (we recommend at the same time, if possible, as it is cheaper)
- They must provide evidence of their relationship to you
- They must show evidence that they can support themselves without relying on public funds (see maintenance)
- 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 some cases £5,400 higher maintenance for each dependant (if you the student do not have 'established presence' in the UK)
- In some cases £1,200 lower maintenance for each dependant (if you the student do have 'established presence' in the UK)
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.
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:
- Read the PBS dependant policy guidance and UKBA information
- Complete a PBS Dependant application form Please note that from the 5 April 2013, all Tier 4 (General) applications and Tier 4 dependants applications that are made in the UK must be submitted to the UK Border Agency through an online application form. See Visa forms and guidance section.
- Arrange and attend a biometric appointment
- Provide valid passport photos
- Provide a valid passport
- Provide evidence of maintenance (finances)
- Provide a photocopy of student’s passport and UK visa -if dependant is applying after student.
- Provide evidence of relationship to student (see below)
- Pay the correct fee. We only advise paying by postal order as the safest quickest form of payment.
Application fee if applying before 06 April 2013:
- £197 if applying together by post
- £358 if applying together in person (premium appointment)
- £561 if dependant applying separately by post
- £867 if dependant applying separately in person (premium appointment)
Application fee if applying on or after 06 April 2013:
- £305 if applying together by post
- £680 if applying together in person (premium appointment)
- £406 if dependant applying separately by post
- £781 if dependant applying separately in person (premium appointment)
Extra 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)
Extra 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 and do not have to abide by the same restrictions as those on a student visa. Be aware If you are currently in the UK and need to extend your Tier 4 visa and your extension will be for less than 12 months leave, you should expect that your dependants will lose their permission to work.
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 PSW).
Updated 03/04/2013
Tier 4 Sponsor Licence
Useful links
