Depending on your relationship with the family member you are thinking of joining as well as his migrant status you might be able to join you relative in the UK as a dependant. Your family member must belong to one of the following categories:
- EEA/Swiss national;
- British citizen or present and settled migrant; or
- PBS migrant.
You can also be eligible to come to the UK for a shorter stay if you are planning to come and visit your child that is currently studying in the UK or to marry and then leave the country. You will need to apply for a visa in the correct category, regardless of your nationality. There are however special rules if you are joining an EEA/Swiss or British national.
Before you apply for a visa you should always check that you:
- Meet the requirements of your immigration category; and
- You do not fall for refusal under the general grounds for refusal.
If you apply for a visa you will need to:
- Complete the correct application form;
- Submit the correct fee;
- Submit the required supporting documents;
- Provide your biometric information (unless exempt); and
- Undergo tuberculosis screening where necessary.
If the Entry Clearance Officer cannot make an immediate decision on your application, he/she might ask you to attend an interview.The application form is for your own visa and you must apply for it yourself. If you need help completing the application you can ask someone to help you but you must apply yourself.Do not forget to sign the application form to declare that the information you have provided is true and accurate.
When applying to join or settle with you partner in the UK you will have to prove that your relationship is ongoing and genuine and not a sham marriage for the sole purpose of being able to enter the UK.
You will be expected to provide evidence that:
- your relationship is subsisting – that it is a current long-term relationship;
- you live together and have made plans to continue living together in the UK;
- you share both financial responsibilities and responsibility for any children with your partner;
- you have visited one another’s home country and family; and
- in the case of an arranged marriage, you and your partner should both consent to the marriage and agree with the plans made by your families.
The above can be proven with a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names. Apart from a potential marriage or civil partnership certificate it is also good to include phone records, emails, letters or cards.
The UK Border Agency (UKBA) have the right to further investigate your relationship and will do so if:
- they have been informed or have evidence that the marriage is a sham or forced marriage, or that you or your partner previously was part of a sham or forced marriage, or have lived in the UK unlawfully;
- they are aware that you or your partner has any immediate family who was forced into marriage or has been the subject or respondent of a forced marriage protection order;
- you or your partner does not appear to have the capacity to consent to the marriage, partnership or relationship, for example because of learning difficulties;
- they have evidence that you or your partner are subject to unreasonable restrictions, such as being kept at home by their family or being subject to unreasonable financial restrictions;
- you do not attend an interview, without reasonable explanation, when asked by the UKBA;
- you cannot provide any information about your intended living arrangements in the UK or about moving to the UK and you do not share financial or other domestic responsibilities;
- there is a concern about the circumstances of your wedding ceremony or reception;
- you and your partner cannot provide accurate personal details about each other and your relationship or cannot communicate with each other in a language you both understand;
- there is evidence of money having been exchanged for the marriage (unless this is part of a dowry);
- you and your partner do not live together (unless one of you is working or studying away from home);
- your partner is a qualified medical practitioner or professional, or has worked as a nurse or carer, and you have a mental or physical impairment which means that you need medical assistance or personal care in your home;
- your partner has previously sponsored another partner to come to or remain in the UK;
- your partner obtained settlement through a previous relationship and that marriage, partnership or relationship ended soon afterwards;
- you and your partner were in a relationship at an earlier date and have sponsored or been sponsored by other people in the meantime; and/or
- you have applied for leave to enter or remain in the UK in another category but was refused.