Children of work, investment and study migrants

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Children of work, investment and study migrants
  • Common standard requirements
  • Relationship requirement: immigration status of main applicant parent
  • Relationship requirements: parents
  • Who is a ‘parent’
  • Child born in UK
  • Age and care requirements, and not leading an independent life
  • Financial requirement
  • Academic Technology Approval Scheme clearance certificate condition
  • Suitability and grounds for refusal
  • More...

Children of work, investment and study migrants

This Practice Note looks at key considerations in relation to applications by dependent children of persons in work, investment and study categories.

There is provision for dependent family members in the majority of these routes (the main exceptions are the Youth Mobility Scheme, which has no provision for dependants at all, and the Student route, which only provides for dependants in limited circumstances).

Prior to their simplification, the Rules covering dependent partners and children in these categories were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or Part 5 (for dependants of persons in other economic categories, in particular UK Ancestry and Representative of an Overseas Business). For the archived version of our Practice Note covering dependent children of PBS and Appendix W migrants, which covered the relevant law prior to simplification, see the right hand column link.

Since simplification (Students from 5 October 2020, and other categories from 1 December 2020), the provisions covering dependent family members are now found within the Rules for each category. Only the Rules covering dependants of Tier 1 (Investor) and Tier 1 (Entrepreneur) remain in Part 8 (and the definition of ‘relevant Points-Based migrant’ now just takes in persons in those two categories). These two categories will also be simplified in due course.

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