ILR for Dependants

The route from a dependent visa to Indefinite Leave to Remain (ILR) in the UK allows family members of primary visa holders to achieve settled status. Dependants, including spouses, partners, and children, may qualify for ILR if they meet specific requirements, such as completing the necessary residency period.

Attaining ILR is an important step for families who have made the UK their home and wish to make their status and future in Britain permanent. Also known as settlement, ILR will allow the successful applicant to live in the UK free from any time and immigration restrictions.

Eligibility for ILR as a dependant depends on the type of visa held by the primary applicant. Common routes include Skilled Worker and Global Talent visas. Dependants must demonstrate that they have maintained a genuine relationship with the primary visa holder throughout their stay in the UK. They are also required to pass the Life in the UK test and meet the English language requirements, where applicable.

Risks for applicants arise if the relationship with the primary visa holder has broken down or if any breaches of immigration conditions are identified. Absences from the UK exceeding the permitted thresholds can also impact eligibility. Employers sponsoring the primary visa holder must ensure compliance with all sponsorship duties to avoid affecting dependants’ applications.

In this guide, we explain the rules on applying to settle in the UK as a dependant of a primary visa-holder on one of the immigration routes that leads to settlement.

 

Which UK dependent visas lead to ILR?

 

Under the UK Immigration Rules, dependant visa holders can become eligible for indefinite leave to remain (ILR) in the UK, provided certain conditions are met. There are generally two ways you can apply for ILR as the dependant of someone already in the UK: either as the dependant of a primary visa-holder on one of the many work routes available to overseas nationals, or as the dependant of a British citizen or someone already settled in the UK under the family rules.

There are multiple immigration routes on which you can apply for ILR as the dependant of a primary visa-holder, provided you meet the relevant requirements, including:

 

Visa Route	ILR Eligibility for Dependants
Skilled Worker route (formerly Tier 2 (General))	Dependants can apply for ILR after residing in the UK for a qualifying period, typically five years, in line with their partner’s work visa.
T2 Minister of Religion route(formerly Tier 2 (Minister of Religion))	Dependants are eligible to apply for ILR after meeting the necessary residency requirements.
International Sportsperson route(including T2 Sportsperson and T5 Sporting Worker routes)	Dependants can pursue ILR after fulfilling the relevant criteria.
Global Talent route (formerly Tier 1 (Exceptional Talent))	Dependants may apply for ILR after the primary visa holder has achieved settled status and the dependants have completed the required residency period.
Innovator Founder route(formerly Innovator route)	Dependants are eligible for ILR after meeting the necessary residency and other specific requirements.
Scale-up route	Dependants can apply for ILR after residing in the UK for the qualifying period and meeting other relevant criteria.
Representative of an Overseas Business route	Dependants may pursue ILR after fulfilling the residency and other specific requirements associated with this route.
UK Ancestry route	Dependants are eligible to apply for ILR after meeting the necessary residency period and other relevant criteria.
Family Visa as a Partner	Dependants who are spouses or partners of British citizens or settled persons can apply for ILR after completing the required residency period, typically five years under the 5-year route, provided they meet all eligibility criteria.
Family Visa as a Parent	Parents of a child who is a British citizen or settled in the UK may apply for ILR after meeting specific residency and eligibility requirements.
Family Visa as a Child	Children under 18 of British citizens or settled persons can apply for ILR, usually in line with their parent(s), subject to meeting certain conditions.
Adult Dependent Relative Visa	Adult relatives requiring long-term care from a British citizen or settled person may be eligible for ILR after satisfying specific criteria.

 

 

Who can apply for ILR as a dependant?

 

You can apply for Indefinite Leave to Remain (ILR) in the UK as the dependent partner of an overseas national who has already been granted ILR or is applying for settlement at the same time. The definition of “partner” includes spouses and civil partners. Unmarried partners can also apply for ILR, provided they have lived together in a relationship akin to marriage or civil partnership for at least two years at the time of their initial grant of permission as a dependant.

An application can also be made to settle in the UK as the dependent child of someone who has already been granted ILR or is applying at the same time. A dependent child is defined as someone under the age of 18 at the date of application or over 18 if they were last granted permission as a dependant child of their parent(s). The rules also require that dependent children applying for ILR must be either jointly, with their dependent partner, or solely the responsibility of the lead applicant or their partner.

Children aged 18 or older who were not previously granted permission as a dependant of the primary visa-holder are not eligible for ILR as a dependent child. Similarly, other relatives, such as parents or grandparents, cannot apply as dependants of someone currently or previously on a work route. However, they may qualify for a family visa as the parent of a child or as an adult dependant relative of someone settled in the UK.

It is also open to partners or children of a settled person to apply for ILR under the family rules. Applicants must ensure they meet all relevant criteria, including residency requirements and maintaining the specified relationship with the primary visa-holder or settled person.

 

ILR for dependent partners

 

As a dependent partner, you must meet the criteria found in each dependant section of the principal applicant or primary visa-holder’s work route under the UK’s Immigration Rules.

Below we set out the requirements under Appendix Skilled Worker, one of the most common routes used by overseas nationals to secure long-term employment in the UK.

 

Skilled Worker Dependants: ILR validity requirements

 

Before considering the suitability and eligibility requirements, checks will first be made by the UK Home Office to ensure that your application is valid, including whether your application was made using the correct form. A person applying for ILR as a dependent partner of a Skilled Worker must apply online on the GOV.UK website using the following specified form: “Settle in the UK in various immigration categories: Form SET(O)“.

To be valid, applications for ILR must also meet the following requirements:

 

• you must have paid the appropriate fee
• you must have provided any required biometrics
• you must have provided a valid passport or other travel document which satisfactorily establishes your identity and nationality
• you must be in the UK on the date of your application
• you must be applying as the partner of a person who has made a valid application for settlement in the UK on the Skilled Worker route and that application has not
• yet been decided by the Home Office, or as the partner of someone already settled or who has become a British citizen, provided they had permission on the Skilled Worker route when they settled and you had permission as their partner at that time.

 

An application which does not meet the validity requirements for a dependent partner of a Skilled Worker will be invalid and may be rejected without further consideration.

 

Skilled Worker Dependants: ILR suitability requirements

 

As with any previous application as the dependent partner of a Skilled Worker, you must not fall for refusal under the grounds for refusal as set out in Part 9 of the UK’s Immigration Rules. In particular, you must apply to settle in the UK prior to expiry of your existing grant of leave, and not otherwise be in breach of the UK’s immigration laws, except for any brief period of overstaying which can be disregarded under the Rules.

 

Skilled Worker Dependants: ILR eligibility requirements

 

Finally, there are various eligibility requirements that must be met when applying for ILR as the dependent partner of a Skilled Worker, including:

 

• Relationship requirement: in addition to having last been granted permission as the dependent partner of the principal applicant, or someone who has settled or become a British citizen on the Skilled Worker route, you must also meet the relationship requirements as specified in Appendix Relationship with Partner. This means that, among other things, your relationship must be genuine and subsisting, where time spent living in the UK must have been spent living together with your loved one.
• Qualifying period and continuous residence requirement: you must have spent 5 years continuously living in the UK with permission as the dependent partner of a Skilled Worker and, as set out in Appendix Continuous Residence, you must not usually have been outside the UK for more than 180 days in any 12-month period during that 5 years.
• English language requirement: unless an exemption applies, for example, where you are aged 65 or over, or have a physical and/or mental condition preventing you from meeting this requirement, you must show your English language ability on the Common European Framework of Reference (CEFR) for Languages in speaking and listening to level B1. You must also show that you meet this requirement as specified in Appendix English Language, such as by having an academic qualification of at least degree level taught or researched in English or by taking a secure English language test.
• Knowledge of life in the UK requirement: again, unless you are aged 65 or over, or have a physical and/or mental condition preventing you from meeting this requirement, you must meet the knowledge of Life in the UK requirement as set out in Appendix KOL UK. This will again require you to take a test with an approved test provider.

 

ILR for dependent children

 

When an application is made for ILR by or on behalf of a child, the criteria found in each dependant section of the relevant immigration route must again be met. As such, using the above example of Appendix Skilled Worker, the criteria below must be satisfied.

 

Skilled Worker Child Dependants: ILR validity requirements

 

As with an application for ILR made by a dependent partner, checks will be made to ensure that a child’s application has been made using Form SET(O) and is otherwise valid.

In particular, the applicant must be the child of a person who has made an application for settlement on the Skilled Worker route and that application has not yet been decided, or the child of someone already settled or who has become a British citizen, provided that person had permission on the Skilled Worker route when they settled and the applicant had permission as their child at that time or was born in the UK before that person settled.

 

Skilled Worker Child Dependants: ILR suitability requirements

 

As with any previous application as the child of a Skilled Worker, when applying for ILR the applicant must not fall for refusal under the grounds for refusal as set out in Part 9 of the UK’s Immigration Rules. In particular, an application must be made prior to expiry of their existing grant of leave on the Skilled Worker route to avoid any period of overstaying.

 

Skilled Worker Child Dependants: ILR eligibility requirements

 

There are also various eligibility requirements that must be met when applying for ILR as the dependent child of a Skilled Worker, including:

 

• Relationship requirement: in addition to having last been granted permission as the child of the principal applicant, or someone who has settled or become a British citizen on the Skilled Worker route, the applicant must meet the relationship requirements for settlement as set out in Appendix Children. This means that the applicant’s other parent must be applying for ILR at the same time, or be settled or a British citizen, unless the principal applicant is the applicant’s sole surviving parent or has sole responsibility for the applicant’s upbringing, or there are serious and compelling reasons to grant settlement.
• Care requirement: if the applicant is under 18, there must be suitable arrangements for their care and accommodation in the UK which must comply with relevant UK law.
• Age and independent life requirement: if the applicant is 18 or over but was last granted permission on the Skilled Worker route as the dependent child of their parent or parents, they must not be leading an independent life when they apply for ILR.
• English language requirement: an applicant will be exempt from this requirement if they are under 18, while over 18s, unless otherwise exempt, must show English language ability on the CEFR for Languages in speaking and listening to level B1 (as above).
• Knowledge of life in the UK requirement: again, under 18’s are exempt from this requirement, while over 18’s, unless otherwise exempt, must pass a KOL test.

 

Dependent children are not subject to limits on any absences from the UK.

 

How to apply for ILR as a dependants

 

When applying for Indefinite Leave to Remain (ILR) as a dependant, you and your children must apply online through UK Visas and Immigration (UKVI), a division of the Home Office responsible for visa issuance and immigration decisions. As part of your application, you will need to provide biometric information, including fingerprints and a photograph. You will also be required to submit various supporting documents and pay the relevant application fee. The specific documents needed will be outlined during the application process. We can advise if you require specialist support to ensure your application is comprehensive and complete.

 

How much does it cost to apply for ILR as a dependant?

 

The cost to apply for ILR as dependants is currently £2,885 each. However, when applying to settle in the UK, there will no longer be any Immigration Health Surcharge to pay. If approved, you will have permission to live in the UK with many of the same rights and entitlements as British citizens, including free access to the UK’s National Health Service.

 

How long do ILR applications for dependants take?

 

You can submit your ILR application up to 28 days before you meet the residency requirement. Applying earlier than this may result in a refusal. There is no standard processing time, but you will usually receive a decision within six months. During this period, you must not travel outside the UK, Ireland, the Channel Islands, or the Isle of Man, as doing so will withdraw your application.

While standard processing can take up to six months, faster processing options are available:

 

• Priority Service: For an additional £500, the decision will typically be made within 5 working days of your biometric appointment.
• Super Priority Service: For an additional £800, the decision is usually made by the end of the next working day after your biometric appointment.

 

Applicants should note that these services are subject to availability and do not guarantee approval.

 

How long after securing ILR can you apply for British citizenship?

 

With ILR status, you can apply for British citizenship after a further 12 months, unless you are married to a British citizen or person with UK settled status, in which case, you can apply to naturalise as son as you attain ILR.

 

Need assistance?

 

DavidsonMorris are UK immigration specialists. For expert guidance on an application for UK settlement, contact us.

 

ILR for Dependent Visa Holders FAQs

 

What is ILR for dependants?

ILR (Indefinite Leave to Remain) allows dependants of primary visa holders to settle in the UK permanently, provided they meet the necessary eligibility criteria.

 

Who qualifies as a dependant?

Dependants typically include spouses, civil partners, unmarried partners, and children under 18 of the primary visa holder. In certain cases, older children may also qualify if they remain financially and emotionally dependent.

 

What is the residency requirement for dependants?

Dependants must usually have lived in the UK for at least five years on a dependent visa to qualify for ILR. The specific duration may vary depending on the primary visa route.

 

Can dependants apply for ILR separately from the primary visa holder?

Yes, dependants can apply for ILR independently if they meet the eligibility criteria, even if the primary visa holder has not applied or qualified for ILR.

 

What are the key requirements for dependants to obtain ILR?

Dependants must demonstrate a genuine and subsisting relationship with the primary visa holder, meet the residency requirement, pass the Life in the UK test, and, in most cases, meet English language requirements.

 

Does time spent outside the UK affect ILR eligibility?

Excessive absences from the UK, typically exceeding 180 days in any 12-month period during the qualifying residency period, may impact eligibility.

 

What happens if the relationship with the primary visa holder ends?

If the relationship breaks down before ILR is granted, dependants may lose their eligibility. In some cases, they might need to switch to another visa category to remain in the UK.

 

Can children of the primary visa holder apply for ILR?

Yes, children under 18 can apply as dependants. Older children may also qualify if they are still financially dependent on their parents and meet residency requirements.

 

What documents are needed for a dependant ILR application?

Documents include proof of identity, evidence of the relationship with the primary visa holder, proof of residency, and, if required, Life in the UK test and English language test certificates.

 

Glossary

 

 

Term	Definition
Indefinite Leave to Remain (ILR)	A status that allows individuals to live and work in the UK permanently without immigration restrictions.
Dependent Visa	A visa for family members of a primary visa holder, such as spouses, partners, and children, allowing them to live in the UK.
Primary Visa Holder	The main individual who holds a UK visa under routes such as Skilled Worker, Innovator, or Global Talent.
Residency Requirement	The minimum period dependants must live in the UK (usually five years) to qualify for ILR.
Life in the UK Test	A mandatory test for ILR applicants that assesses knowledge of British history, culture, and values.
English Language Requirement	A requirement for ILR applicants to demonstrate proficiency in English through an approved test or qualification.
Genuine and Subsisting Relationship	Proof that the relationship between the dependant and the primary visa holder is authentic and ongoing.
Absence Limit	The maximum number of days dependants can spend outside the UK during the qualifying residency period, typically 180 days per year.
Immigration Rules	The legal framework set by the UK government that outlines eligibility and requirements for visas and ILR.
Financial Dependency	A requirement for certain older children to demonstrate reliance on the primary visa holder for financial support.
Supporting Documents	Evidence required to accompany an ILR application, including proof of identity, residency, and relationship.
Visa Switch	The process of changing from one visa category to another, often used if a dependant is no longer eligible under the dependent route.
Settlement	Another term for Indefinite Leave to Remain (ILR), granting permanent residency in the UK.
Application Fee	The cost associated with submitting an ILR application, which varies depending on the type of application and processing times.
Refusal Risk	The potential for an ILR application to be denied due to errors, missing documents, or failing to meet eligibility criteria.