Children from a previous relationship can come with you, but the application is more involved than it would be for a child you and your British spouse have together. The Immigration Rules treat these cases differently — and more carefully — where the child is not the biological or adopted child of the UK-based sponsor.

For a child to qualify as a dependant on your UK Spouse Visa, they must generally be under 18, unmarried, and not living an independent life. They must not be in the primary care of a former partner or another person with parental responsibility who remains in Canada, unless that person has given their consent or there are other compelling circumstances.

• What the Home Office will want to see:Parental consent— written consent from the child’s other parent, or evidence that consent is not required (for example, because that parent is deceased or has no parental responsibility).
• Evidence of your relationship with the child — birth certificates, evidence of your role in their upbringing, school and medical records.
• Your British spouse’s acceptance — the sponsor must be willing to accommodate and support the child.
• Financial evidence — the family must be able to support the child without recourse to public funds.

Where the child’s other parent remains in Canada and objects to the move, this can significantly complicate the application and may require a court order before it can proceed.

Get more information and legal help

Given the complexity involved, before including children from a previous relationship in your Spouse Visa application, please get in touch with Sterling Immigration Ltd.

								
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