UK Family Visas for South African Citizens

There is no set “Family Visa”. In fact, this is a tier including several permits for those travelling from South Africa to join their family in the UK. Before you submit your application, you must find the visa category which suits your situation. One of IAS’ UK immigration lawyers can help you choose a permit between one of the following categories:

• Partner visas
• Ancestry Visa
• Dependent children and Adult visas
• Family Visit Visas

Based on your relationship with your UK-sponsor, who must be a British citizenship or settled person, you can apply for one of the following family visa permits:

• Spouse Visa, for those who are married to a person holding British nationality or Indefinite Leave to Remain
• Fiance Visa, for applicants who wish to get married to their partner in the United Kingdom
• Civil Partner and Unmarried Partner Visas, for those who wish to join their long-term partner in the UK.

Each of these visas has different eligibility requirements and application processes. For this reason, it is always advisable to seek the advice of an expert UK application lawyer in South Africa before submitting your paperwork.

To be eligible for a UK Ancestry Visa, you must:

• Be over the age of 17
• Prove that at least one of your grandparents was a British citizenship by birth
• Demonstrate your relationship to a UK grandparent
• Be a Commonwealth citizen
• Intending to live and work in the UK permanently if your application is successful
• Submit your application from outside the UK

If your application is approved, you will receive a visa valid for five years.

Adult Dependant visa

To be eligible for an Adult Dependant visa, you must need long-term care from a family member residing in the UK. This person can either be your child, parent, sibling, or grandchild and must be living permanently in the UK as a citizen or settled person.

You must also demonstrate that you are unable to receive the care in South Africa or in the country you are currently living in.

Child Dependant visa

If you are submitting the request for a UK point-based visa, you can include your partner and children in your application. However, you must demonstrate that you have enough personal funds to support all your family members once in the UK, without claiming public funds.

Whether you are eligible to apply for a family visa in the UK depends on two conditions:

• Your family member’s residency status in the UK, and
• The nature of your relationship with them

British citizens, Irish citizens, EEA/Swiss citizens enjoying pre-settled status, people holding ILR or settled status or proof of permanent residence, and individuals with refugee status or humanitarian protection in the UK are eligible to bring their family members to the country on a family visa.

Only the relatives mentioned below are eligible to apply for UK family visas:

• Spouses or civil partners
• Fiancé, fiancée or proposed civil partner
• Children
• Parents
• Dependent relatives requiring long-term care from their UK family member
• Widow/widower of a deceased UK resident
• Separated spouses/partners who have been victims of domestic abuse

If you are already in the UK holding a different visa, you may be eligible to switch to a family visa, unless you are currently holding a visitor visa or a visa with six-month validity or less (except a marriage visitor visa). You will also not be eligible to apply for a family visa if your family member holds a temporary work visa or student visa in the UK.

Spouses/Partners

To apply for a family visa as the spouse or civil partner of a UK resident:

• Both spouses or partners should be over 18
• Your marriage or civil partnership is recognised in the UK, or you are living together in a de facto relationship for at least two years prior to your application, or you are a fiancé/fiancée/proposed civil partner and intend to marry (or form a civil partnership) within six months of your arrival in the country
• You will be living together permanently in the UK in future

Children

Children born in the UK will get the same permission as their parents. They must live with their parents (unless living away from home pursuing a full-time study course), and not be married or in a civil partnership.

Minor children born outside the UK must have at least one parent applying for a UK family visa or an extension of their current permission to remain as a partner to the other parent, or as a parent with sole parental responsibility of their children.

Children above 18 years of age can only apply if they have permission to stay in the UK, which started when they were under 18.

Parents

As a parent, you can also apply for a family visa to care for your child living in the UK, provided the child is either under 18, or were so when you had first been granted leave to remain in the country.

Additionally, the children must live with you (unless living away from home pursuing a full-time study course), and not be married or in a civil partnership.

Adult Dependent Relative

To apply as an adult dependent family member, you will have to prove that, because of your medical condition or advanced years, you require long-term care and assistance to perform your daily activities from your parent, child, grandchild or sibling who are living permanently in the UK. Moreover, such care is not either affordable or available in your country of residence.

Your family member must be able to accommodate and care for you for as long as they have leave to remain in the UK, or for five years if they are British citizens or settled in the country.

Similar to all UK visas, applying for a family visa UK is an online process. Here’s a step-by-step breakdown of the application process:

1. Create an account with your email ID on the Home Office website to get started
2. Have all your supporting documents and other relevant information ready with you so as to answer the questions on the online form completely and accurately
3. Start filling in the online application form. You can save your form and complete it later, if required
4. Once you have completed the online form, submit the same along with scanned copies of required supporting documents
5. Pay the required visa processing fees either by a credit or a debit card, unless exempt

Note that, you will have to prove your identity as part of your UK family visa application process. How you need to do so depends on where you are from and the type of passport you have.

If you are eligible to prove your identity through the ‘UK Immigration: ID Check’ app, you can use the same to scan your required documents to prove your identity. Otherwise, to prove your identity, you will have to:

• Book an appointment with your nearest visa application centre (VAC) in Cape Town, Durban, Johannesburg, Port Elizabeth, Pretoria, or Bloemfontein in South Africa to submit your biometric details, or
• Book an appointment with your nearest UK Visa and Citizenship Application Services (UKVCAS) service point if you are already in the UK and applying from here

To apply for a family visa, you must be able to prove that you have sufficient income/funds to cover the expenses of your family members living with you in the UK. If you are applying as a spouse/partner, for example, you have to prove your, your partner’s, or your combined income. A child applicant must prove the income of their parent(s).

For the family visa purpose, the following usually count as recognisable income:

• Salary earned in the UK before tax and National Insurance
• Income earned in the UK from self-employment or as a director of a limited company
• Cash savings above £16,000
• Pension
• Income from property rentals or dividends, or any other non-work income earned legally

For a UK family visa application, you will also have to prove that you meet the English language requirements, by either having an English qualification at least at CEFR A1 level, or holding a degree taught or researched in English language.

You will be exempted if you:

• Are less than 18, or are aged 65 or over
• Have already proved your knowledge of English language while applying for your current UK visa
• Applying as an adult dependent relative
• Have a long-term physical or mental condition
• Are applying on the basis of your private life
• Have been a victim of domestic violence by your spouse/partner, who is either a British citizen or a person settled in the UK
• A widowed spouse/partner of a British citizen, an EEA citizen with pre-settled status in the UK or a person with ILR
• A person living in the UK as a refugee, with discretionary leave, or with humanitarian protection

Otherwise eligible spouses or partners, who cannot meet the financial or language requirements, may still apply for a UK family visa, provided they can prove that:

• They will face significant difficulties if they are to live together as a couple outside the UK, or
• A visa refusal preventing them from coming to the UK or making them leave the country is going to breach their human rights

Likewise, parents not meeting the English language and financial requirements may still apply if they have a British or Irish citizen child living in the UK, or a child who has lived in the country for at least seven years and for whom it would be unreasonable to leave.

To prove your “good character” and qualify for British citizenship, you must have always respected UK law and fulfilled all your obligations as a residence since the day you arrived in this country.

If you hold severe or recent criminal records, including custodial sentences of more than 4 years, your British citizenship my marriage application will be automatically refused. The same applies to applicants who have been in breach of any immigration offence in the last 10 years before their application, or who have initially entered the country illegally.

To apply for a family visa in the UK, you will require to submit the supporting documents mentioned below:

• Passport or any other travel ID
• Copies of passport biometric page and any previous visa or entry stamps
• Copy of your BRP card, if applicable
• Your tuberculosis test results (since South Africa is a listed country for this purpose)
• Proof of finances (e.g., bank statements, payslips, letter from the employer, Self Assessment tax returns, etc.)
• Documents proving your knowledge of English language
• Documents showing the residency status of your family member in the UK
• Proof of your relationship with your UK family member
• Any other relevant documents supporting your reason(s) for applying for a UK family visa, e.g. medical documents showing an illness or disability for which your relative in the UK must take care of you etc.

If your documents are not in either English or Welsh, you will have to submit certified translated copies. The Home Office may also ask you for additional supporting documents depending on your immigration situation.

Family visa applicants are required to pay visa processing fees and a healthcare surcharge as per the following:

You may apply for a fee waiver if you can prove that you are unable to pay the above fees and surcharges because:

• You do not have, and cannot afford, a place to live in the UK
• You have a place to live but cannot afford essential living costs (e.g., food or heating)
• Your income is very low, and paying the fee will harm your child’s wellbeing

Usually, the Home Office will refuse or reject a family visa application if:

• You fail to prove a genuine relationship with your family member in the UK, or your intention to live together with them as a family in the country in future (unless a victim of domestic abuse)
• You have insufficient funds (or fail to prove your means of subsistence)
• You do not have the required knowledge of English language (or failed to prove so)
• Your application form is incomplete
• Required supporting documents have not been submitted in time even after a request from the UK visa authorities
• Fraudulent supporting documents have been submitted
• Existing criminal records or previous incidents of immigration rule violations

If your family visa application is rejected, the Home Office will send you a decision letter detailing the reason(s) thereof. It will also inform you whether you can appeal that decision or ask for an administrative review.

Typically, a family visa is valid for a period of 33 months, and can be extended for another 30 months. It might also come with a five year validity in certain scenarios. The maximum validity is, however, six months for people applying as a fiancé, fiancée or proposed civil partner.

After living in the country for a certain amount of time on a family visa, you may be eligible to apply for settlement, known as ‘indefinite leave to remain’ (ILR) in the UK. The residence requirements will vary depending on how your family member is settled in the UK and your relationship with them.

Applying for a UK family visa from South Africa can be quite complex depending on your situation. If you are a spouse/partner or child of a British citizen or person settled in the UK, your application will have a higher chance of getting a positive decision.

However, if you are any other adult relative, proving that a) you need full-time care, b) you cannot afford or avail the same in your home country, and c) you must come to the UK so that your family member can look after you, can be quite challenging.

Moreover, the eligibility criteria, application process and required documents will vary widely depending on your circumstances.

Speak to IAS. Our team of sympathetic immigration lawyers come with the required expertise and legal knowledge to assist you, even if your circumstances are complex.

If you are seeking overall advice with your UK family visa application or you would like an immigration expert to complete your application on your behalf, we are happy to help. Call our legal team on +44 (0) 3334149244 today.