UK Family Visa from Ireland

Who cannot get a UK family visa?

You cannot get a UK visa for your family if:

• You’re already in the UK with a UK work visa, or a UK temporary student visa.
• You’re living in the UK with a UK visitor visa with a validity period of 6 months or less. This doesn’t apply for a UK visitor marriage visa, or if you’re awaiting a final court decision on a family or divorce matter.

When trying to obtain a UK family visa, it is important to prove to the UK government that your relationship with your family member(s) is genuine. To do this you will need to supply marriage/birth certificates, photographic evidence and other documentation.

The UK government offers different visas that are aimed at family members who wish to relocate to the UK. Each visa category has different eligibility requirements and some permit long-term stays in the country, while others are short-term visas.

The following of examples of UK family visas:

• Spouse, civil partner, or proposed partner visa
• Parent visa
• Child visa
• Disabled or aged relative visa
• Widow/widower visa

There is a range of visas reserved for Irish or UK citizens who wish to bring their foreign long-term partners to the UK. These include:

• UK Fiance Visas/Proposed Civil Partner Visas: for those who want to join their engaged British/settled partner before marrying them in the UK
• Spouse Visas: for those who are married to someone with British citizenship or settled status per the EU settlement scheme
• Civil Partnership Visas: for those who are the civil partners of UK nationals or settled persons per the EU settlement scheme
• Unmarried Partner Visas: for those who want to join their British or settled long-term partner in the UK

Documents for Spouse and Partner visas

To prove the relationship, the following documents will be required:

• Marriage certificate or civil partnership certificate
• Tenancy agreements
• Bills, bank accounts, and other purchase
• Evidence of conversations which demonstrate a genuine relationship
• Photographs showing the length of the relationship history
• Tickets from travelling to/with each other or events you have attended together
• Letters of statements from yourselves and your family members and/or friends confirming the nature of the relationship

Processing time and cost of UK Spouse/Partner visa application

The average processing time for a Partner Visa is between 2 – 12 weeks and the visa usually lasts 33 months before they are permitted to be renewed.

After 5 consecutive years, the partner can then apply for permanent residence in the UK. Applying for a Spouse/Partner visa costs £1,938 for applications made outside the UK and £1,321 from within the UK.

The Parent Visa is issued to parents of eligible citizens living in the UK, and the parent must be going to be responsible for the child while living in the UK.

To qualify for this visa the child of the parent has to be younger than 18 or must have been that age when you first applied for the UK visa and has to be an Irish or UK national.

Required documents for UK Parent Visa

Documents to prove the parental role can be based on evidence supplied by the government, school, court or a medical professional and must show you’re living with and/or caring for the child.

This could be a letter from your child’s school, a letter to your address from the local authority confirming your child’s school, a letter from your child’s doctor, dentist, or other medical professional confirming that you are responsible for taking them to appointments etc.

You’ll also have to demonstrate proficient English skills and proof of financial support when making the application.

Processing time for the UK Parent Visa

The average processing time for a Parent Visa is between 8 – 12 weeks and permission lasts 2 years and 9 months on this visa – once this expires you’ll need to apply to extend your stay for another 2 years 6 months.

After 5 consecutive years per immigration rules, it is possible to apply to change their immigration status to permanent residence in the UK.

The UK Child visa is reserved for children of Irish and UK citizens already living in the UK who want their child who lives elsewhere to join them in the UK.

If the child is already a UK national, such as through birth descent, and their parents are Irish or British, they do not need to apply for a visa.

However, if they are not a UK or Irish citizen, the following criteria must apply:

• Must be under 18
• Not be married or in a civil partnership
• Not be living an independent life
• Be financially supported without claiming the public funds

One of your parents must also be applying in tandem for a visa as a partner joining the other parent or as a parent that will have the sole responsibility of you.

Documents required for the Child Visa application

Documents you will need to provide are:

• Valid passport
• 2 passport-sized coloured photos
• Proof of English language proficiency (if applicable)
• Proof of financial means
• Proof of relationship with your UK residing parent, such as a birth certificate or adoption certificate
• Details of any previous immigration applications (if applicable) and criminal convictions (if applicable)
• Health and tuberculosis result (if applicable)

All documents must be provided in English or Welsh – otherwise you are required to submit a certified translated version,

Processing time and cost of the Child Visa

The average processing time for a Child Visa is between 8 – 12 weeks. Once issued the visa lasts 2 years and 6 months, after which you’ll need to apply to extend.

Child Visas cost £1,321 for applications made inside the UK and £1,938  from outside.

Adult Dependent visa is reserved for foreign nationals who are based outside of the UK and require long-term care from a family member, whether that is a parent, grandchild, sibling, son or daughter living permanently in the UK. The applicant will need to prove the following:

• They require long-term support in daily personal and/or household chores due to their illness, disability or/and age
• The care is not available or affordable in the country they are from
• The UK family member will be able to support, accommodate and care without claiming social welfare benefits for at least 5 years
• They are 18 years or older

Documents required

Here are some of the supporting documents that will be required when applying:

• Valid passport
• 2 passport-sized coloured photos
• Proof of English language proficiency (if applicable)
• Proof of financial means (if applicable)
• Proof of relationship with your UK residing carer
• Details of any previous immigration applications (if applicable) and criminal convictions (if applicable)
• Health and tuberculosis result (if applicable)

Processing time

The average processing time for a Carer Visa is between 10 days and permitted validity is dependent on the family member that is going to care for you.

The validity of this visa will be unlimited without the need to extend or settle.

There are other visas that are available for people who qualify under different circumstances. This can include being permitted to remain indefinitely in the UK under the Human Rights Act, due to private life circumstances that make leaving the UK particularly challenging after living in the country for some years. You must meet these conditions to qualify:

• You are under 18 years old and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to leave the UK
• You are between the ages of 18 and 24 and you’ve lived continuously in the UK for more than half your life
• You are 18 years or above, have spent less than 20 years in the UK but would have very significant problems living in another country
• You are 25 years or above, and you’ve been in the UK continuously for 20 years

Widowers or widows may apply to stay in the UK if their partner has passed away and was an Irish or British citizen. The deceased partner must have been their spouse (husband or wife), civil partner, or someone they were living with like a spouse (de-facto partner). You may apply for Indefinite Leave to Remain at any time after their death. You do not need to wait until your visa expires. When your partner died, you must have been living together in the UK

Indefinite Leave to Remain must be applied for in the UK. The application fee for the Indefinite Leave to Remain for widows’ or widowers’ of UK nationals is £3,029.

There are instances where an Irish applicant for a UK Family visa must meet a specific income requirement. This is the case for partners or spouses applying for the visa. The UK-based sponsor will need to prove they can support the couple by earning at least £29,000 annually. This requirement can also be met if they show that they have £88,500 of cash savings. Such savings need to have been in their account for at least six months.

Typically, the sponsor’s income refers to their existing salary in the UK for a position they have held for six months or longer. The salary must be above the minimum income threshold for the entire six months. Non-salaried employment can also contribute to the financial requirements for Irish applicants. Immigration officials will calculate the sponsor’s annual salary by extrapolating their earnings over the six months preceding the application.

For those who are not formally employed or earning a self-employed income, other financial assets can be used to demonstrate that the sponsor can support the visa applicant upon their arrival in the UK. Examples include pension income and cash savings over £88,500. The sponsor can also use their non-work income. These forms of income include payments from dividends and rent on the properties that they own.

Other types of Family visa, such as for the parents of a UK-based sponsor, don’t require you to prove that the sponsor earns a specific amount or has a specific amount of savings. However, the Home Office still requires these applicants to prove that they can maintain themselves without requiring state assistance. As such, you will still need to demonstrate savings and earnings that are proportional to your needs and the needs of your dependents who will be joining you in the UK.

The majority of applicants from Ireland won’t need to worry about the English language requirements. That is because they are waived for the citizens of most English-speaking countries, such as Ireland and the USA. Yet, that doesn’t mean the requirements are waived for everyone applying for a Family visa from Ireland. Citizens of non-English-speaking nations who are residents in Ireland will still need to meet the requirements.

The Family visa requires an English language standard of A1 or higher on the Common European Framework of Reference for Languages. This is the basic elementary standard, indicating that your English language skills are good enough for the simplest of everyday conversations. The standard increases once you apply for permanent settlement in the UK after completing your minimum residency period. You will need English language skills at a minimum of B1 level. B1 is the intermediate standard, indicating that your language skills are good enough for you to navigate most of life in the UK independently.

Certain circumstances may exempt you from the CEFR testing requirements, regardless of your nationality. The most common is that you have been taught or researched for an academic qualification in England. This automatically applies if you received the qualification from a British institution, but not if it is from a foreign institution. In that case, you will need to pay for an Ecctis assessment of the overseas qualification.

Applicants from Ireland can apply for a UK Family visa through the UK Government website once they have confirmed their eligibility and gathered the necessary documentation for their application. Visit the website to complete the online application form and submit it along with your supporting documents. Then pay the application fee. Receipt of this payment may be needed later in the application process. Finally, you will need to give biometric data by attending an appointment at your nearest visa application center. Officials will take your photograph and fingerprints.

If there are issues with your application or if immigration officials are uncertain of anything, they may ask you to attend an interview.

The processing time that you will need to wait for once your application has been submitted will vary based on the quality of your application, the state of the Home Office backlog, and the type of Family visa that you are applying for. Standard waiting times are eight weeks for a partner, spouse, child, or adult coming to be cared for by a UK resident or citizen applicant. It is substantially longer for people applying as the parent of a UK-based child, 12 months in many cases.

Having waited for visa processing, you will be given your application’s result. An acceptance will come with instructions on when you will be allowed to enter the UK and any necessary preparations you need to make beforehand. However, a rejection means that you don’t have clearance to enter the UK. That does not mean that you have no chance of getting a Family visa. The refusal letter will include information on whether you can appeal, and you can also begin the administrative review process. If not, you can consider reapplying or explore other visa types that may be more suitable for your circumstances.