Recognition of family members
It is normal practice in the United Kingdom to accept, as ‘members of the family forming part of the household’, spouses, civil partners and minor children under 18 years of age. Children aged 18 and up to their 25th birthday (known as over aged dependants) who are financially dependent and are in full time education may qualify for exempt status.
The full requirements for these overage dependants to qualify for exempt status are as follows:
– The sponsoring diplomatic parent remains in the United Kingdom on their posting under exempt status;
– The overage dependant undertakes a course of study at a UK institution holding either a student sponsor license or valid accreditation
– The overage dependant must be in full time education – this is defined by the Home Office as a minimum of 15 hours per week organised daytime study (daytime study is 8am – 6pm, Monday to Friday) and (except in the case of a pre-sessional course) the study must lead to a qualification at a minimum of Regulated Qualification Framework (RQF) Level 3 or its equivalents;
– The sponsoring parent has sufficient funds to meet the cost of the studies; and
– The overage dependant remains recognised as such by the sending State.
Details regarding RQF Levels can be found on the Office of Qualifications and Examinations Regulation website.
Other relatives may be accepted on a case-by-case basis but only in very exceptional circumstances. These circumstances must be fully explained in a Note submitted for Protocol Directorate consideration. Missions should note that such circumstances would not include old age or cultural norms. Qualifying cases are extremely rare.
Same-sex partners
The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 enable Protocol Directorate to confer full diplomatic status on same-sex partners of foreign diplomats serving in the UK, provided that the relationship meets the criteria defining an “overseas relationship” (schedule 20) in the Civil Partnership Act 2004, or where the relationship has been registered as a Civil Partnership or Marriage in the UK under the relevant Act. The full text of the Acts can be found Legislation.gov.uk – Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013
Unmarried partners
Unmarried partners (those who are neither married to nor in a partnership recognised by the Civil Partnership Act) may be recognised as ‘members of the family forming part of the household’ in certain circumstances, and where the sending state has confirmed that the relationship is durable and akin to marriage. Diplomatic missions should contact Protocol Directorate for further advice as soon as they are notified of an intention to appoint a member of the mission who will be accompanied by an unmarried partner.
Immigration status for members of a mission
Any person who is a recognised dependant of a member of a mission within the meaning of the Diplomatic Privileges Act 1964 (see the Legislation page), is exempt from immigration control under the Immigration Act 1971. They do not, therefore, require a visa to enter or re-enter the United Kingdom. However, in order to facilitate their entry to the UK, we strongly recommend that members of missions and their dependants obtain an ‘exempt’ entry clearance endorsement in their passports before they arrive. This will help to establish their position immediately upon arrival in the UK and avoid the risk of any misunderstandings. This is particularly relevant for nationals of certain countries who would normally require a visa to come to the UK. The vignette should be obtained at the nearest entry clearance post (see the UKVI website for a list of countries whose nationals need visas to enter the UK).
Some clarification of exempt status
A spouse of an accredited diplomat will cease to be exempt if:
- The diplomat ceases to be exempt, i.e. the diplomat’s employment ceases
- They separate and live apart
- They become divorced from their spouse
A son or daughter of an accredited diplomat will cease to be exempt if:
- The diplomat ceases to be exempt, i.e. their parent’s employment ceases
- They marry
- They take full-time employment
- They reach the age of 25
- They are over the age of 18 and not in full time education at a recognised UK educational establishment as per the guidance above
What happens when a person ceases to be exempt?
A departing member of a mission (and their accompanying dependants) is expected to leave the UK within 31 days from the date of their termination of duties. Following this period, a person ceasing to be exempt may remain in the UK for a period of 90 days, beginning on the day on which they ceased to be exempt, under the Immigration Act 1971 .Persons remaining in the UK without authority can be prosecuted for the offence of overstaying and/or become subject to deportation.
Page Last Updated: 11 January 2024