Foreign national employees working in the UK often wish to bring their families to live with them. For employers, this can raise questions about the immigration routes available to dependants and how these impact HR responsibilities, including compliance with right to work requirements.
This article is about the UK Dependent Visa, which is technically part of the family visa route. It provides HR directors, managers, and business owners with a clear understanding of what the dependent visa is, who can apply, and the legal and compliance issues that employers need to be aware of. The guidance will also highlight how employers can support staff who are applying for their dependants to join them in the UK.
From defining eligibility and requirements through to visa conditions, rights, and restrictions, this guide explains the dependent visa in detail from an HR and employer perspective.
Section A: Understanding the Dependent Visa
The UK Dependent Visa is a sub-category of the wider Family Visa route. It enables qualifying family members of a person who is either settled in the UK, or who holds a valid visa permitting family reunion, to come to the UK as their dependants. From an employer’s perspective, this visa route is particularly relevant when supporting foreign national staff whose family members are applying to join them in the UK.
A dependant is defined under the Immigration Rules as a partner, spouse, civil partner, unmarried partner, or a child under the age of 18. In limited cases, adult dependants may also qualify under the Adult Dependent Relative category, although this is extremely restrictive and only available where long-term personal care is required due to illness, disability, or age, and where such care is not reasonably available in their home country. Each category of dependant carries its own evidential requirements, but all are subject to strict rules to ensure the genuineness of the relationship.
The dependent visa is distinct from other family-based visas in that it is directly linked to the immigration status of the main visa holder. The dependent’s visa is generally granted in line with the same duration as the sponsoring family member’s visa. This means that if an employee’s visa is extended, their dependants will also need to apply for an extension. If the main visa holder becomes settled or naturalised, their dependants may also become eligible to apply for settlement or British citizenship.
For HR teams and employers, the key consideration is how dependent applications can affect workforce planning and employee wellbeing. Employees may experience stress and uncertainty while arranging family reunification, and employers who understand the framework can provide reassurance and practical support. At the same time, businesses must remain alert to compliance issues, such as ensuring right to work checks are properly conducted if a dependant is employed in the UK.
Section Summary
The dependent visa allows family members of foreign national workers to join them in the UK, provided they meet the Immigration Rules on dependency. It is tied to the main visa holder’s immigration status and duration. For employers, understanding this route is crucial to ensuring compliance and to supporting staff with family reunification.
Section B: Eligibility & Requirements
To qualify for a UK Dependent Visa, applicants must meet the eligibility rules under the Immigration Rules. These are designed to ensure that the relationship between the main visa holder and the dependant is genuine, that the family will be financially maintained without recourse to public funds, and that suitable accommodation is available in the UK.
1. Relationship requirements
Dependants must demonstrate a recognised relationship with the main visa holder. This includes:
- A spouse or civil partner, provided the marriage or partnership is legally recognised in the UK.
- An unmarried partner, where the couple can prove they have lived together in a relationship akin to marriage or civil partnership for at least two years.
- Children under the age of 18. In some circumstances, children over 18 who are already in the UK as dependants may continue to extend their visas as dependants.
- In very limited circumstances, adult dependants under the Adult Dependent Relative rules may qualify, but only where long-term personal care is required and such care is not reasonably available in their home country.
2. Financial requirements
Applicants generally need to demonstrate that they will be adequately maintained in the UK without access to public funds. The financial requirement depends on the route of the main visa holder:
- For sponsored work or study routes, the dependant must usually show a set level of maintenance funds unless the sponsoring employer certifies maintenance on the Certificate of Sponsorship.
- For family settlement routes, the main applicant must meet the minimum income threshold, currently £29,000 per year as of July 2025, or have savings that meet the Home Office rules.
Employers should be aware that employees may need HR support to collate evidence such as payslips, employment contracts, or bank statements.
3. Accommodation and English language
Dependants must show that there is adequate accommodation available in the UK, without overcrowding and in compliance with public health regulations. In most dependent visa applications, children are not required to meet the English language requirement. Adult partners, however, will usually need to provide evidence of English language ability when applying under the family route.
4. Evidential documentation
Evidence required can include marriage or civil partnership certificates, birth certificates, tenancy agreements or property deeds, financial statements, and evidence of cohabitation. The Home Office applies a strict evidential standard, and applications risk refusal if documentation is incomplete or inconsistent. Employers may not be directly involved in this process but can support employees by providing official employment letters or payslips where these form part of the financial evidence.
Section Summary
Eligibility for the dependent visa hinges on proving the family relationship, financial maintenance, and suitable accommodation. While the evidential burden falls on the applicant, employers may indirectly support staff by providing necessary employment documentation. Understanding these requirements allows HR teams to anticipate issues that could delay or complicate an employee’s family reunion plans.
Section C: Application Process & Duration
The process for applying for a UK Dependent Visa varies depending on whether the dependant is applying from outside the UK or from within the country. HR professionals should be aware of the procedures, as staff may require guidance or official documents from their employer during the process.
1. Application procedure
Outside the UK: Dependants must apply online through the official Home Office portal before travelling. They will usually need to attend a biometric appointment at a visa application centre in their home country to provide fingerprints, photographs, and supporting documents.
Inside the UK: If the dependant is already lawfully in the UK, they may be eligible to apply to switch or extend their visa as a dependant, provided they are not on a short-term route such as a Visitor Visa. Applications within the UK are also submitted online, with biometrics enrolled via UKVCAS.
2. Fees, NHS surcharge, and processing times
Application fees vary by category and location. For many family applications, fees are typically £1,048 inside the UK and £1,846 outside the UK. For dependants of workers or students, fees usually mirror the main applicant’s category. Most applicants must also pay the Immigration Health Surcharge (IHS). Current headline rates are commonly £1,035 per adult per year and £776 per child per year, unless exempt or reduced (for example, certain Health and Care visas). Both fees and IHS are subject to periodic government change.
Processing times are generally around 8 weeks for in-country applications and around 3 weeks for out-of-country applications, although these can vary with demand or if further evidence is requested. Priority or super-priority services may be available at additional cost where eligible.
3. Visa length and conditions
Dependent visas are typically issued in line with the main visa holder’s permission. For example, if the main visa holder has a Skilled Worker visa valid for three years, the dependant’s visa will usually also be valid for three years. Dependants will need to apply for extensions whenever the main visa holder extends their stay.
4. Renewal, extensions, and switching routes
Dependants may extend their visas at the same time as the main visa holder. They may also be able to switch into other routes if they independently meet the eligibility criteria, such as moving from a dependant visa to a Skilled Worker visa in their own right. Ultimately, dependants may become eligible to apply for Indefinite Leave to Remain (ILR) once they have completed the necessary qualifying period, usually in line with the main applicant.
Section Summary
Dependent visa applications are made online, with fees and health surcharges payable. The visa is typically granted in line with the main applicant’s status, and extensions or renewals must be made together. Dependants may also have opportunities to switch to other visa categories or progress to settlement. For HR, awareness of timescales and documentation requirements helps ensure that staff and their families experience minimal disruption.
Section D: Rights, Restrictions & Employer Considerations
Once a dependent visa is granted, the family member will have certain rights in the UK, as well as restrictions that both the dependant and their employer need to be aware of. For HR teams, understanding these parameters is vital to ensure compliance while also supporting staff effectively.
1. Right to work
Most dependants are permitted to work in the UK, typically without restriction on hours or skill level. However, specific limits apply in certain routes. For example, dependants of Students cannot work as a professional sportsperson (including as a sports coach), and any additional conditions shown on their permission must be observed. Employers must never assume work entitlement; instead, they must complete a right to work check using the Home Office online service with the individual’s share code or by checking a physical document if applicable.
2. Access to public funds, healthcare, and education
Dependants are generally not entitled to public funds. They will normally have access to the NHS if the Immigration Health Surcharge has been paid or if their route provides an exemption. Dependant children can usually attend state schools in the UK. These parameters can influence family budgeting and relocation planning for staff.
3. Compliance risks for employers
Employers must verify each individual’s permission to work in their own right, even where the dependant’s status is linked to a sponsored worker. Failure to perform a compliant right to work check may expose the organisation to civil penalties and reputational harm. Where the main visa holder is sponsored (for example under the Skilled Worker route), the sponsor must continue to meet all sponsor duties; curtailment or revocation of the main visa holder’s permission can invalidate the dependant’s permission, creating immediate workforce risks.
4. HR best practices
- Embed a clear process for right to work checks on dependants, using the share code service where applicable, and diarise visa expiry dates.
- Offer practical support such as template employment letters and reasonable time off for visa appointments to reduce stress and delays.
- Coordinate global mobility timelines so dependant applications align with the main visa holder’s extensions or route changes.
- Monitor Home Office updates on family and dependant rules to ensure internal policies and onboarding remain compliant.
Section Summary
Dependants generally enjoy broad work rights and access to healthcare and education, but they cannot claim public funds and must observe any route-specific limits. Employers must complete independent right to work checks and maintain sponsor compliance for the main visa holder, as changes to the principal’s status can directly affect a dependant’s permission.
FAQs
Can dependants work in the UK?
Yes, most dependants can work in the UK, typically without restriction. However, dependants of Students cannot work as a professional sportsperson (including as a sports coach), and any specific conditions on their permission must be followed. Employers must always confirm eligibility through a compliant right to work check.
How long can dependants stay in the UK?
Dependants are usually granted permission in line with the main visa holder’s status. For example, if the employee holds a Skilled Worker visa valid for three years, the dependant will typically be granted the same length of stay.
Can dependants switch to another visa route?
Yes. If they independently meet the relevant requirements, dependants can switch into another immigration route (for example, to a Skilled Worker visa in their own right).
What happens if the main visa holder’s status changes?
The dependant’s permission is linked to the main visa holder. If the employee’s permission is curtailed or revoked, the dependant’s permission may also end. Conversely, if the employee becomes settled, the dependant may become eligible to apply for settlement.
Do dependants need to meet English language requirements?
Children are not usually required to meet English language rules. Adult partners commonly need to demonstrate English ability when applying under the family route, subject to the route-specific requirements and exemptions.
Conclusion
The UK Dependent Visa provides a vital route for family members of foreign national employees to live in the UK, ensuring that staff can maintain family unity while working. For employers, awareness of this visa route helps to balance compliance duties with employee support.
Dependants are typically permitted to work and access education and healthcare, but they cannot access public funds. Their visa is tied to the main applicant’s immigration status, meaning any change in the employee’s circumstances will directly affect their family members.
For HR teams, ensuring correct right to work checks, maintaining sponsor compliance, and offering practical support to staff with dependants can make a significant difference in both compliance assurance and employee wellbeing. By understanding the rules and responsibilities, employers can better manage workforce planning while supporting international staff and their families.
Glossary
| Term | Definition |
|---|---|
| Dependent Visa | A visa allowing family members of a main visa holder or settled person to join them in the UK under the Family Visa route. |
| Family Visa Route | An immigration category under the UK Immigration Rules that allows partners, children, and certain dependants to join or remain with family in the UK. |
| Main Visa Holder | The individual whose immigration status forms the basis of the dependant’s permission to live in the UK. |
| Right to Work Check | The legal requirement for employers to verify that an individual has permission to work in the UK before employment begins. |
| NHS Surcharge (IHS) | A fee paid as part of most UK visa applications giving access to the National Health Service during the visa period. |
Useful Links
| Resource | Link |
|---|---|
| GOV.UK – Family visas: apply, extend or switch | https://www.gov.uk/uk-family-visa |
| GOV.UK – Dependants guidance (Skilled Worker: partner and children) | https://www.gov.uk/skilled-worker-visa/your-partner-and-children |
| DavidsonMorris – Dependent Visa UK | https://www.davidsonmorris.com/dependent-visa-uk/ |
| Xpats.io – Dependent Visa UK | https://www.xpats.io/dependent-visa-uk/ |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
