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Family Members’ of UK Business Visa Applicants

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Moving to the UK for business or Employment opportunities is an exciting time. Naturally, if you are married or in a long-term relationship and have dependent children, you will want to bring them to Britain with you.

The UK allows successful applicants of Tier 1 (entrepreneur) Visas, Tier 1 (investor) Visas, Tier 2 (General) Visas, Tier 2 (Intra-company Transfer) Visas and other Tier 2 visa categories to bring family members with them to the UK.

OTS Solicitors has helped hundreds of business visa applicants to secure visas for their spouse, partner, and dependent children. Based in the heart of London’s West End, our business immigration law team is considered one of the best in the UK. Our lawyers are smart, innovative and business savvy, with a wealth of experience of working with a range of business visa applicants. We assist a range of client types, from high-net-worth investors and entrepreneurs, CEOs, CIOs, and other executives, through to talent being recruited for the booming UK tech sector through to domestic and temporary workers.

The definition of a dependent:
Most visa application forms will use the word ‘dependent’ when referring to family members. A dependent is classified as:

• your spouse or unmarried partner
• any children you have under 18 years
• any child over 18 if they are currently in the UK as a dependant

Although the word used is ‘dependent’ in most cases, once you and your family members successfully obtain your visa, your spouse or partner will be able to seek Employment in their own right.

Supporting family members financially
Business visa applicants who bring family members to the UK must prove to UK Visas and Immigration that they can financially support them while they are in the country.

For all business visas except the Tier 1 (investor) Visa, the business visa applicant must show they have at least £630 available for each family member. For Tier 1 (entrepreneur) Visa applicants, this amount is increased to £1,890 for each dependent if you’re applying from outside the UK or have been in the UK for less than 12 months. The funds available for dependents are in addition to the £945 you currently must have to show you can support yourself when you enter the UK.

For some Tier 2 visa applicants, proof of funds may be waived if they have an A-rated sponsor who can endorse in writing that they will provide funds and accommodation to you and your family if required.

Healthcare surcharge
Most business visa applicants and their family members need to pay a healthcare surcharge (called the ‘Immigration health surcharge’ or IHS) as part of their Immigration application.

The healthcare surcharge is required by all non-EEA nationals coming to the UK for longer than six months so they can access the UK public health system (known as the National Health Service).

The health surcharge amounts to £200 per year per applicant and must be paid in full at the same time you and your family members submit your visa application. Applicants are required to pay up-front for the total period of their UK visa.

For example, if you are applying for a Tier 2 (General) Visa and wish to bring your spouse and three children with you, you will have to pay the following amount:

£200 x 5 (people) x 5 (years) = £5,000.
Supporting documents required by UK Visa and Immigration for family members of business visa applicants.

The following is a sample of the supporting documents UK Visa and Immigration will require (these vary depending on your individual circumstances and the type of visa you are applying for):

  • Spouse/Partner
  • marriage or civil partnership certificates
  • evidence that you have lived together for two years if unmarried
  • bank statements
  • Council tax/ bills
  • medical registration
  • utility bills
  • Children
  • full birth certificate
  • proof that your child is not living an independent life (if over a certain age)

Indefinite Leave to Remain and British Citizenship
In most cases, family members will be able to apply for settlement (known as Indefinite Leave to Remain or ILR) at the same time as you. They will normally have to pass the English language test and Life in the UK test.

How We Can Help

Our experienced and highly-qualified Immigration solicitors will take the time needed to put together the best application for your family members if you are coming to the UK on a business visa. We will ensure your case has the best chance of succeeding and will answer any questions UK Visas and Immigration have regarding your application on your behalf.
When you engage our services, you can expect the following standard of service:

• Based on the information you provide us, detailed advice regarding the Immigration laws that apply to your case
• A clear, concise discussion with your solicitor, outlining the strengths and weaknesses of your application
• Advice regarding the necessary documentation to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Visas and Immigration if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should your application be denied
• Your Immigration lawyer will prepare robust, detailed legal representations setting out the best legal framework to support your application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. To find out more on how we can advise you regarding bringing your family members into the UK, please phone our office on 0203 959 9123. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

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