Dependants of diplomats in the UK – rights and immigration options

UK diplomatic route series

Dependants of diplomats in the UK – rights and immigration options

Diplomatic staff and their families occupy a unique position under UK law. While accredited diplomats and qualifying household members are exempt from immigration control for the duration of the posting, that status sits within a specific legal framework and carries important implications for work, study, and right-to-work checks. This concise guide outlines the key points and highlights what to plan for as postings change.

Who counts as a dependant?

Dependants generally include spouses or civil partners, and children under 18 who form part of the diplomat’s household.

In certain cases, other family members may also qualify where they can evidence genuine dependency and cohabitation. The precise position will depend on the family’s circumstances and the type of accreditation held.

The legal framework at a glance

The underpinning rules are well established.

Article 37 of the Vienna Convention on Diplomatic Relations 1961 confirms that members of a diplomat’s family forming part of the household benefit from the privileges and immunities accorded to the diplomat.

In the UK, Section 2 of the Diplomatic Privileges Act 1964 gives domestic effect to the Convention and defines the status of diplomats and their dependants.

Consistent with Section 8(3) of the Immigration Act 1971, Home Office guidance on exemption from immigration control confirms that accredited mission staff and qualifying household members are exempt from immigration control for as long as they remain part of the diplomat’s household.

In practice, the Foreign, Commonwealth & Development Office issues confirmation letters stating that the dependant is exempt from immigration control while they remain dependent and part of the accredited household.

For employers, Annex A of the Employer’s Guide to Right-to-Work Checks recognises a current passport endorsed to show that the holder is exempt from immigration control, has the right of abode, or has no time limit on stay as valid evidence of status. An “Exempt family member” vignette in a passport typically satisfies this requirement.

Rights of dependants while in diplomatic status

Dependants of accredited diplomats benefit from a degree of immunity and exemption under the Vienna Convention on Diplomatic Relations (1961). However, this does not automatically grant them the same immigration entitlements as other visa categories.

Key points include:

• Dependants do not pay the Immigration Health Surcharge (IHS).
• They are exempt from immigration control only for as long as they form part of the diplomat’s household during the posting.
• Employment or study is permitted only if expressly authorised by the FCDO and the Home Office.

It is therefore crucial that family members wishing to remain in the UK beyond the diplomat’s posting plan ahead and explore available immigration routes before their diplomatic status ceases.

What do employers need to be aware of when hiring dependants of diplomats?

Employers considering hiring dependants of diplomats should verify the individual’s immigration status by obtaining and retaining a clear copy of the endorsed passport showing the exemption, or other acceptable evidence, in line with the Employer’s Guide to Right-to-Work Checks.

Options when diplomatic status ends

When a diplomatic posting concludes, exemption from immigration control ceases for both the diplomat and their dependants. At that point, the individual must either:

• Depart the UK, or
• Apply for an alternative permission to stay (visa) under the Immigration Rules.

Dependants may, in certain cases, apply from within the UK to switch into a visa category that allows continued residence. Common routes include:

• Spouse or Partner visa – if married to or in a durable partnership with a British citizen or settled person.
• Skilled Worker visa – for those with a qualifying job offer from a licensed sponsor.
• Student visa – for those enrolling in a recognised course of study.

This blog provides general information on the position of dependants of diplomats in the UK. Individual circumstances vary, and you should seek specific advice before taking action.

Read more from the diplomatic route series:

• What is the UK diplomatic route and who qualifies for entry?
• After your posting ends – UK immigration options for former diplomats
• Diplomatic immunity in the UK – myths, realities and immigration boundaries

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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