Dependants of visa holders such as Skilled Worker, UK Ancestry visa or Global Talent visa holders can apply for Indefinite Leave to Remain (ILR) to secure permanent residency in the UK. This post discusses the key considerations for partners and children applying as dependants for ILR in the UK.
Dependants include partners (including spouse, civil partner or unmarried partner), children under 18, children over 18 who were last granted permission as a dependant child of their parent(s) and adult dependants of visa holders. They must meet specific eligibility criteria to qualify for ILR. Dependants can be included in the main ILR visa holder’s application if they meet all requirements.
ILR Requirements for Partners
To apply for ILR as a partner, you must:
- Have lived with the main visa holder in the UK on a Dependant visa for at least 5 years
- Be in a genuine relationship and plan to continue living together
- Have not spent more than 180 days outside the UK in any 12 months during the visa period
- Pass the Life in the UK Test and meet English language requirements.
Partners Not Yet Eligible for ILR
If a partner has not completed 5 years on a Dependant visa:
- They can extend their visa for up to 3 years after the main visa holder secures ILR
- The partner must reapply for extensions until eligible for ILR.
A dependant cannot request to be granted shorter permission than the rules state. For example, if a lead applicant has settled as a Skilled Worker and the dependant only needs 10 months to reach their 5 year settlement requirement they will have to
apply for, and pay associated fees and charges, for 3 years permission.
If a partner does not hold a Dependant visa before the main applicant secures ILR, they must apply for a Spouse visa as the spouse or partner of a settled person. This will require them to complete a five-year residency period under this visa category before becoming eligible to apply for ILR.
Indefinite Leave to Remain Requirements for Children
Eligibility for Children Under 18
- Must hold a Dependant visa (no minimum residency period required)
- Apply with both parents (or the sole parent with responsibility)
- Be unmarried, not in a civil partnership, and financially dependant on the main visa holder.
Children Over 16
Children aged 16–18 must:
- Prove financial dependancy on the main applicant
- Provide evidence they live with the main applicant unless studying away from home.
Children Over 18
Children over 18 cannot be included in the main ILR application and must pass the Life in the UK Test and meet English language requirements.
Children Born in the UK
- Before Parents Have ILR: A child can be registered as a British citizen once one or both parents secure ILR.
- After Parents Have ILR: Children born in the UK automatically become British citizens. Parents can directly apply for a British passport for the child.
Some countries do not allow dual nationality. Check your home country’s policies before applying for British citizenship.
ILR Application Process
Dependants must apply online through the official UK government website. The process includes:
- Providing proof of relationship to the main visa holder
- Submitting evidence of residency and financial dependancy
- Demonstrating compliance with English language and Life in the UK Test requirements
- Paying the application fee (£2,885 per dependant).
Costs and Processing Times
Each dependant must pay several costs associated with the ILR application process, these include:
- ILR Application Fee: £2,885
- Life in the UK Test Fee: £50
- English Language Test Fee: £150
- Optional expedited services: £500 for priority (5-day processing) or £1000 for super-priority (24-hour processing).
Absence Rules for Dependants
Under Appendix Continuous Residence, dependants must demonstrate that they have lived in the UK with relevant permission during their qualifying period and have not spend more than 180 days outside the UK in any 12-month period if applying under:
- Skilled Worker or Tier 2 visas
- Global Talent visas
- Minister of Religion or Tier 1 visas.
Exceptions are made for research-related absences under eligible visa categories.
How We Can Help
Navigating the ILR process for dependants can be complex. At Whytecroft Ford, we offer expert guidance and tailored support to make the application process straightforward. Our services include:
- Eligibility Assessment: We evaluate your circumstances to ensure eligibility
- Document Preparation: Organizing and compiling necessary documentation under the Immigration Rules
- Legal Representation: Drafting a strong representation letter to support your case
- Ongoing Support: Addressing any challenges that may arise during the process.
Contact us at 0208 757 5751 or via our contact form for professional assistance.
