In this post, we discuss essential information for those seeking Indefinite Leave to Remain (ILR) in the UK as dependants of Skilled Workers. Dependants eligible for ILR include partners such as spouses, civil partners, unmarried partners and dependant children under 18 at the time of application.
Dependent partners
To qualify, the dependent partner must fulfil these conditions:
- Be 18 years or older and maintain a genuine relationship with the Skilled Worker
- Have been granted permission as a dependent partner in their most recent visa
- Apply simultaneously with the Skilled Worker or after the Skilled Worker has achieved settlement or British citizenship
- Accumulate a continuous 5-year residency in the UK as a dependent partner
- Satisfy both the English language and Life in the UK requirements, unless exempted due to factors such as being aged 65 or over, under 18 years of age, or having a disability preventing meeting these criteria.
A partner who does not possess a dependent visa prior to the main applicant receiving ILR must apply as the partner of a settled individual. Subsequently, they will be required to spend five years under this visa category before becoming eligible to apply for ILR.
Dependent children
The dependent children must satisfy the following criteria:
- Must be under 18 years old on the date of application unless last granted permission as a dependent child
- Suitable care and accommodation must meet the relevant UK legislation and regulations for dependent children under the age of 18
- Both parents must either be settled or be applying for ILR at the same time as the dependent child
Children Over 16
For children aged 16 and above, you will be required to provide specific documentation to support your application. This includes proof of their current residence, and if they do not live with you, an explanation is needed. You should also provide evidence of any rent or financial contributions they make to you each month, along with confirmation that you are financially supporting them if they do not reside with you. To substantiate their place of residence, you should provide documents such as bank statements, credit card bills, driving licenses, NHS registration documents, or a letter from their current educational institution (school, college, or university) on official letterhead, issued by an authorized official of the organization.
Children over 18
For children aged 18 and above, they can only be included in your application if they were under 18 when they first received permission to be in the UK as your dependant and they still do not lead an independent life, such as getting married or having children. Additionally, they must pass the Life in the UK Test and meet the English language requirements. If your child is over 18 at the time of your application and does not meet these requirements, they must submit a separate application for their immigration status.
British citizenship after Indefinite Leave to Remain
Upon obtaining Indefinite Leave to Remain (ILR), applicants may be eligible to immediately submit an application for British Citizenship by Naturalisation if they are married to a British citizen. However, in cases where applicants are not married to a British national, a waiting period of 12 months must be observed before they can be eligible.
How we can help
To discuss your application for Indefinite Leave to Remain in the UK with an experienced adviser, contact our team on 0208 757 5751 or use our contact form.
Frequently asked questions
If the dependent child is over 18 years old on the date of application and was not previously granted permission as a dependent child, the child may not qualify.
From 04 October 2023 onwards, it costs £2,885 for each person applying for Indefinite Leave to Remain.
