Family Visa UK for Canadian Citizens

As per the definitions of immigration rules, a “child” is defined as someone under the age of 18 at the time of the UK child visa application.

The Child Dependent Visa permits dependent children to join their parent(s) in the UK so long as one of the parents is a British citizen, a European Union (EU) national or they hold the right to live and work in the UK.

For a Child Visa application to be successful, there are a number of general requirements that need to be fulfilled. The UK Child Visa requirements include:

• The visa applicant, the child, must be under 18 years old
• The child must not be married or in a civil partnership and must not have an independent family unit
• The child must not be living an independent life (they should instead be completely reliant on their parents financially)
• The child has to be financially supported by their parents and not be receiving public funds or benefits
• Importantly, at least one of the parents has to be applying for a UK visa either as a partner joining the other parent (e.g. under the UK marriage visa or civil partnership category) or as a parent with sole responsibility.

This family visa application lasts as long as the visa their parents are on, and expires simultaneously. Applications made in the UK take 8 weeks and from outside the UK take around 8 – 12 weeks. The minimum income requirement no longer includes a separate child element, as of 2024. This eliminates the need for additional funds per child.

The Ancestry Visa is a potential option for Commonwealth citizens, which includes Canadians who have at least one grandparent who was born in the UK. This visa gives entry clearance to the United Kingdom to live, work and study for five years.

The Dependent Adult Visa has very specific requirements for Canadians that require long-term personal care to perform everyday tasks whether due to age, illness or disability, or practical and financial help which can only strictly be provided by the relative that is either a British citizen living in the UK or is settled in the UK. With this family visa, the holder is granted Indefinite Leave to Remain in the UK.

The Adult Dependent Relative Visa offers entry clearance only to applicants outside the UK, it isn’t an option to switch to this visa from within the UK.

To be eligible, the applicant should be living outside of the UK and require long-term care from a parent, grandchild, brother, sister, adult child, son, or daughter. The person offering the care must:

• Be a British or Irish citizen
• Be a settled person in the UK with either Indefinite Leave to Remain, Settled Status, or proof of permanent residence
• Be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and have pre-settled status, meaning they must have started living in the UK before 1 January 2021
•  Have refugee status or humanitarian protection in the UK

To be eligible for the Adult-Dependent Visa UK, you must prove the following:

• You require long-term care to do everyday personal and household tasks because of age, illness, or disability.
• The care you require isn’t available or affordable in Canada
• The person you’ll be joining in the UK have to be able to support, accommodate and care for you without claiming public funds for at least 5 years
• You’re 18 years of age or over

Each family visitor visa type requires a little bit different documentation. For example, the Spouse Visa requires significant information for proof of relationship.

However, for the most part, the UK family visa documents needed for the application are:

• Full names and dates of birth of all applicants
• Valid passport with at least one blank page or other valid travel ID
• A copy of your biometric residence permit
• Details of any previous immigration applications
• Criminal convictions
• Your national insurance number
• Your parents’ date of birth and nationality if you’re applying from outside the UK
• a certified translation of any document that is not in English or Welsh
• You’ll need to have a blank page in your passport on which to put the visa if you’re applying outside the UK.

Most Canadians filling out application forms do not need to prove their English language proficiency. The documents needed can vary depending on the exact circumstances of the applicant, so you should consult an immigration lawyer for the latest information,

Family Visa UK processing times

Family Visas are typically processed in 12 weeks if applied outside the UK. However, most decisions (90%) are processed within 3 weeks. Switching visas or extending inside the UK, normally takes 8 weeks. If you do not meet the requirements, or your application needs further clarifications, it can take up to 12 months to receive a decision.

Some seasonal and bureaucratic delays may occur. You may be able to pay to process your application faster with Premium Processing, costing £500. You will get a decision in 5 working days. If you apply online, or if the visa centre you apply to accepts fast-tracking, you may also be able to get your application processed by the end of the next working day with Super Premium Processing, costing £1000. The priority fees are in addition to your visa and legal fees.

Path to ILR and Citizenship for Family Visa Holders

Planning your long-term immigration journey in the UK is essential to meeting your goals. Anyone planning to come to the UK with settlement in mind must do the following:

• Stay in the UK on an eligible visa for 5 years (this includes most family visas)
• Apply for ILR after five years of continuous residence on an eligible family visa
• Apply for British Citizenship after 12 months (or as soon as you receive settled status if you are a spouse or civil partner)

If you are on a UK Dependent Visa, supported by a UK work visa holder as your sponsor, rather than a British or Irish resident or someone with Indefinite Leave to Remain, you can also apply after 5 years. However, if you arrive after your sponsor, they must extend their current permission or gain settled status via ILR before your visa expires so you can remain in the UK. Once you have also completed 5 years of continuous residence you can then apply for ILR.

Family Visa Refusal & Reapplication

It can be difficult to receive a visa refusal and to know where to start when you receive one. When you receive a decision on your application, the Home Office will notify you by letter or email, and they will state if you were successful or unsuccessful. If you are unsuccessful, you will receive a visa refusal letter, which will state the reason for your refusal and whether you have grounds to appeal.

• You can appeal If you have grounds to appeal. You can submit your appeal within 14 days of receiving the refusal letter if you’re in the UK, or 28 days if outside the UK. The letter will state how long you have exactly to appeal. Appeals are typically submitted to the First-tier Tribunal (Immigration and Asylum Chamber) and can take several months to process.
• Judicial Review is another option if you believe the decision was made unlawfully or there was a procedural error. However, this process is more complex and requires legal expertise. You can typically ask for a judicial review up to 3 months after the decision.
• Reapplication is another option instead of appealing. You must address the reasons for the initial refusal in your new application. This can strengthen your case and improve your chances of approval. You can do this straight away, but it’s essential to address all the reasons for rejection, and make the changes necessary.

For support in navigating these processes, whether for appeals, judicial reviews, or reapplications, contact our experienced immigration lawyers at Total Law. We can provide tailored guidance and assistance to help you achieve the best possible results.

Comparing the Rights of Family Visa Holders, and those with ILR settled status and British Citizens