In UK immigration law, dependants usually refer to partners and children. They can apply as dependants of a lead applicant on an immigration route such as Skilled Worker, Global Talent, Innovator Founder, Scale-up, etc. These immigration routes permit dependant partner/child/ren of the main applicant to apply for permission to enter or remain or apply for settlement (also known as ILR or Indefinite Leave to Remain) in the UK.

Who are the qualifying dependants

• Spouses (husband/wife) 

• Civil partners 

• Unmarried partners having been in a relationship similar to a recognised marriage or civil partnership for 2 years or more 

• Dependant children under 18 on the date of application 

• Dependant children aged 18 or over whose last permission in the UK was as a dependent child of their parent (s)

UK visa routes that allow the main applicant's dependants to apply for settlement

Dependants can get a path to settlement if the lead applicant already has or is applying for certain UK work routes.

These routes include:

• Skilled Worker

• Global Talent visa

• Innovator Founder visa

• Scale up visa

• International Sportsperson visa

• Representative of an Overseas Business visa

• UK Ancestry visa 

• Tier 2 Minister of Religion

Requirements for dependants applying to settle in the UK

Requirements for settlement for dependant partner and children would be considered on the basis of the following. 

The main applicant must: 

• be being granted a settlement at the same time as the applicant; or 

• have previously been granted a settlement in the UK while they were holding permission on the relevant immigration route; or 

• have become a British citizen, having been granted settlement in the UK previously while they were holding permission on the relevant immigration route 

Note that if the lead applicant may have become a British citizen without first receiving settlement status, dependants can apply in these circumstances, provided the lead applicant had permission on the relevant immigration route when they became a British citizen.

Last grant of settlement requirement – Partner and child 

Unless the applicant is a child born in the UK before the lead applicant settled here, the dependant must have previously obtained permission as the dependant partner or child of the lead applicant. This permission could be in a different immigration route. This applies to Skilled Worker, Innovator, Global Talent, Representative of an Overseas Business, and International Sportsperson.

Apply for settlement as a dependant partner

Qualifying period for dependant partners 

If you are a dependant partner of a Skilled Worker, Innovator, Global Talent, Tier 2 Minister of Religion, International Sportsperson, or Scale-up Worker, you must complete a qualifying period of 5 years of continuous residence before you qualify for settlement. 

If your partner (the main applicant) has a settlement in the UK based on their long residence (including where they have subsequently naturalised as British citizens), provided they held permission under the relevant PBS (Points-based System) route at the time of their settlement, you can extend your permission or gain settlement as a dependant under these routes. 

If you have switched into the partner of a settled person category, you can apply for settlement in the UK without having to switch back to the relevant route.

If your partner (the lead applicant) has been granted British citizenship, you can still apply if you held permission as dependant at the time. 

If your partner (the lead applicant) is being granted settlement in, gained settlement through, or has been granted citizenship following permission on the Representative of an Overseas Business or UK Ancestry route, you may apply for settlement without completing a qualifying period, provided you can switch into the route.

The time a dependant partner has spent in the UK

If you are applying to settle as a dependant partner, you can only use the time (this includes time spent as a spouse on the family route) you have been in the UK as a dependant on your partner’s route towards your continuous residence.

You must not have been absent from the UK for more than 180 days in any 12-month period, if you’re applying as a dependant of a Skilled Worker, Scale-up Worker, Sportsperson, Minister of Religion, or Global Talent. If you were granted leave to enter or stay in the UK on or before 10 January 2018, you must not include any time spent outside the UK during periods of permission granted under the Immigration Rules in place on or before 10 January 2018 towards the 180 days allowable absences.

Your relationship

Your relationship with your partner must be genuine and subsisting, and you both must intend to continue your relationship after you apply.

You will need to prove that you are married, in a civil partnership, or have been in a relationship similar to a recognised marriage or civil partnership for 2 years.

You must also:

• be living together at the time of application if your partner had a Skilled Worker, Global Talent, Scale-up Worker, Sportsperson, or Minister of Religion visa; or

• Intend to live together if your partner had an Innovator Founder visa or a Representative of an Overseas Business visa

Other requirements

You must have enough income to support yourselves and any dependant without using public funds.

You might also need to meet the KOLL (Knowledge of Language and life) requirement.

You may be able to add your children to your application, or they can apply separately, provided they are eligible.

Apply as a dependent child of someone on a work visa

You may be eligible for settlement in the UK as a dependent child if your parent (the lead applicant) is either settled in the UK or is applying to settle in the UK as a Skilled Worker, Scale-up Worker, International Sportsperson, T2 Minister of Religion, Global Talent, Representative of an Overseas Business, UK Ancestry, or Domestic Worker in a Private Household visa. 

You can apply if you were born in the UK before your parent (the lead applicant) settled, or if you have not applied for permission to be in the UK before.

If your parent is already settled in the UK, you can apply for settlement as a dependent child on your parent’s work visa, even if they settled in a different way. For example, on the basis of residence for 10 years ('Long Residence’). Your parent must have had valid permission to be in the UK on a work visa when they settled.

If you are 18 or over on the date of application, you must have had a valid permission as your parent’s dependant before you turned 18.

If your parent is applying for settlement in the UK, they may include you on their settlement application instead, and if they have already applied for settlement and are waiting for a decision, you can apply as a child separately.

You must also prove:

• You are or will be living with your parent (s); and 

• You will be supported and adequately accommodated without using public funds; and 

• If you are 18 or over you must also be neither married or in a civil partnership, nor living an independent life

If you live with one parent who became a British citizen after having settled in the UK, you must have been their dependant when they got their settlement.

Your relationship

Your parent can be a biological, legal, adoptive, or step-parent (only if they are the legal or adoptive parent). 

If you live with both parents in the UK, both must either be settled or currently applying for settlement.

If you live with one parent, they must be settled and have sole parental responsibility for looking after you. However, if they do not have sole responsibility for you, you may still be eligible if your other parent has died and there are serious or compelling reasons, for example, you have a serious illness, because of which you should be allowed to stay in the UK. 

If you live with a relative other than your parent, there must be serious compelling reasons why you should be allowed to stay in the UK.

Other requirements

If you are 18 or over on the date of application, you will also need to pass the Life in the UK test and meet the B1 level of CEFR English language requirements.

How can Visa and Migration help?

Applying for ILR for settlement as a dependant is a complex process. But we can make your UK settlement (ILR) application as a dependant much easier.

We will help you with the following:

• Check if you are eligible for settlement

• Prepare and review your documents

• Complete the application correctly

• Advise you on Koll (Knowledge of Language and Life in the UK)

• Book your biometric appointment

• Communicate with the Home Office  

For any information related to your ILR application, you can call us at +44 (0)20 3411 1261.