If you live in the UK on a UK skilled worker visa and your family members (partner and/or children) live with you as your dependents, you can include your partner and/or children when you apply for ILR provided they meet the eligibility requirements.
A dependent can be included in the same application as the main applicant or they can apply separately at a later date once they become eligible to apply. During this period they can continue to extend their existing skilled worker-dependent visa even after you have acquired ILR.
Your partner may be eligible to apply for ILR if all the following apply:
They have permission to be in the UK as your ‘dependent’ partner;
They have lived in the UK with you as your dependent for at least 5 continuous years;
The relationship between you and your partner is genuine;
You intend to keep living together;
You meet the continuous residence requirement;
You meet Appendix KOLL requirement if you are aged between 18 to 64 years.
Time spent by your partner in the UK as your dependent on another visa can be included to count towards the continuous years they need to qualify. However, time spent in the UK by your partner on their visa (not as your dependent) cannot be counted towards continuous residence.
You can include your child in your application for ILR if the following apply:
They have permission to be in the UK as a dependent child on your visa
They are not married or in a civil partnership
The child can be cared for;
The child does not lead independent life; and
Meets the requirement for Appendix Continues Residence and Appendix Children
If your child is over 16 you need to prove that:
Place where they live if they are not living with you and also the reason why they are not living with you
Any rent or upkeep they pay you every month
You are supporting them financially even if they are living away from you
They are not living an independent life if they are living away from home
You can include your child who is over 18 in your application for ILR if:
They were under 18 when they first got permission to be in the UK as your dependent
They still don’t live an independent life which means they are not married or had children
They must meet the English language requirement
They must pass the “Life in the UK” test
You cannot include your child who is over 18 by the time you apply for ILR if they don’t meet the above requirements. In such circumstances, they must apply for Indefinite Leave To Remain separately.
If you are looking to apply for Indefinite Leave to Remain in the UK as a dependent of a Skilled Worker, please contact one of our lawyers on 02034111261 or email us firstname.lastname@example.org.
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