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Can a sole representative bring family members to the UK?

22nd Jun, 2018 / Legal & Law Firm, News

Yes, if you are applying for a sole representative of an overseas business visa, you can be joined or accompanied by your dependant family members.

What family members can a sole representative bring to the UK?

A sole representative of an overseas business may bring, or be joined by, their:

  • spouse, civil partner, unmarried or same-sex partner, and
  • dependent children.

Unfortunately, like most other categories of the Immigration Rules, sole representatives cannot bring their parents, siblings or other extended family members.

What are the relationship requirements for the partner of a sole representative to come to/stay in the UK as a dependant?

They must be the partner of someone who has been granted, or is being granted at the same time, leave as a sole representative of an overseas business. If they hold indefinite leave to remain (“ILR”) or are a British citizen, immediately before being granted ILR, they must have been a sole representative.

It is easier for spouses or civil partners, as they are only required to show their certificate of marriage/civil partnership.

However, for unmarried or same-sex partners (the latter category excluding those in a civil partnership):

  • all previous marriages or relationships must have permanently broken down,
  • they must not be in a “consanguineous relationship” (i.e. related by blood), and
  • they must have been living together in a relationship akin to marriage which has subsisted for 2 years or more.

All spouses/partners must intend to live with the other partner during the sole representative’s stay, and not beyond any period of leave granted to the representative. Their relationship must also be genuine and subsisting.

What are the requirements for a child of a sole representative to come to/stay in the UK as a dependant?

The child’s parent must currently have leave as a representative of an overseas business, or have just been granted indefinite leave to remain and immediately before that held leave as a sole representative.

The child must be under 18 at the date of the initial application. A child can then extend, even if they are 18 or older, so long as their leave at the time of the application was as the dependent child of a sole representative.

Children must show that:

  • they are not married or in a civil partnership;
  • they have not formed an independent family unit; and
  • they must not be leading an independent life.

Both parents should have been (or are being) granted leave to the UK, except if the parent the child is accompanying or joining is:

  • the sole surviving parent;
  • has sole responsibility for the child’s upbringing; or
  • there are serious and compelling family or other considerations which make exclusion undesirable and suitable arrangements have been made for the child’s care.

Can a dependent partner or child of a sole representative apply from within the UK?

Yes. However, if a dependant is already in the UK, his/her last grant of leave cannot have been as a visitor, short-term student, or on temporary admission/release (now Immigration Bail after 15 January 2018). Generally, the dependant must also not be in the UK in breach of immigration laws.

What are the financial maintenance requirements for a dependent family member of a sole representative?

The representative of an overseas business will have to provide evidence that they can maintain and accommodate themselves and any dependants adequately, without recourse to public funds. No documents are specified to show this… READ FULL ARTICLE

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