Skilled Worker Tier 2 Dependent Visa Guide

The UK immigration system tends to focus on the headline applicant – the sponsored worker, the skilled hire, the person filling the shortage role. But behind many work visa holders is a family trying to build a life in the UK.

The Tier 2 dependant visa, now falling under the Skilled Worker route, is a popular route for families to join a family member that has secured a sponsored role in the UK. While the dependant visa offers holders a number of benefits, it also comes with certain restrictions.

In this article, we break down what employers and families need to know about bringing partners and children to the UK under the Skilled Worker system, from visa requirements to work rights and the long-term path to settlement.

 

What is a Tier 2 dependant visa?

 

A Tier 2 dependent visa is a UK immigration route for family members of individuals who hold a Skilled Worker visa, previously known as the Tier 2 (General) visa. Although the Tier 2 category has been replaced, the term is still commonly used, particularly in relation to earlier applications and ongoing family ties.

The visa allows a dependent partner or child of a Skilled Worker to join or remain with them in the UK. Eligible dependants include a husband, wife, civil partner, unmarried partner and children under the age of 18. Dependants must apply separately and meet the requirements set by the Home Office, including proving the family relationship and showing the Skilled Worker visa holder has enough income to support the family without claiming public funds.

A dependent visa permits the holder to live in the UK and, in most cases, to work and study. Children can attend school and partners are generally allowed to take up employment. The visa is typically granted for the same length of time as the main visa holder. Dependant family members may also be able to apply for indefinite leave to remain after a qualifying period, provided they meet the eligibility criteria at the time of application.

 

UK Tier 2 dependent visa requirements

 

To apply for a UK Tier 2 dependent visa, the applicant must be the family member of a person who holds a Skilled Worker visa or had a Tier 2 (General) visa under the previous rules. The main visa holder must either be already in the UK or applying at the same time as the dependent.

The following family members are eligible: husband, wife, civil partner, unmarried partner who has lived with the main applicant in a relationship akin to marriage for at least two years, and children under the age of 18. Children over 18 may apply as dependants only if they are already in the UK as dependants and continue to meet the relevant requirements.

Applicants must show they have a genuine relationship with the main visa holder. Evidence such as marriage certificates, civil partnership documentation or proof of cohabitation may be required. For children, a full birth certificate showing both parents’ names will usually be expected.

There is also a financial requirement. The main visa holder must have a minimum amount of money available to support each dependant. This is currently set at £285 for a partner, £315 for the first child and £200 for each additional child, unless the sponsor’s employer is covering the cost and has stated this in the Certificate of Sponsorship.

Each applicant must pay the Immigration Health Surcharge, which grants access to the National Health Service, and the relevant visa application fee. Applicants must also provide biometric information and attend a visa application centre if applying from outside the UK.

The length of the dependent visa will normally match that of the main applicant. Dependants can usually work and study in the UK, and may become eligible to apply for indefinite leave to remain if they meet the conditions for long-term residence.

 

Tier 2 dependent visa for a child born in the UK

 

If a child is born in the UK to parents who hold a Tier 2 (Skilled Worker) visa, the child does not automatically acquire British citizenship. The child will, however, be allowed to stay in the UK under certain conditions.

A Tier 2 dependent visa can be issued for a child born in the UK if their parent is a holder of a Skilled Worker visa. The child will be considered a dependent of the parent, and the application must be made in line with the dependent visa rules.

The child must be under 18 at the time of application. If the parents are both in the UK under a Skilled Worker visa, the child may be granted the same visa status. A full birth certificate showing the child’s relationship to the parents is required, as well as proof that the parent has sufficient funds to support the child without relying on public funds.

If the child was born in the UK and their parents were not living here lawfully at the time of the birth, the child may face more restrictions. The family must meet the eligibility criteria for the Tier 2 dependent visa route.

Once granted the visa, the child will have the right to live, study, and work in the UK under the same terms as the parent’s visa. The visa is typically valid for the same period as the parent’s visa, and the child may be included in any application for indefinite leave to remain (ILR) when the parent applies, provided the child has met the residency requirements.
If the parent(s) later apply for Indefinite Leave to Remain (ILR) under the Skilled Worker route, the child can usually be included in the ILR application, provided they meet the requirements (including residence and dependency).

 

How to make a dependent visa application

 

To apply for a dependent visa, now known as the Skilled Worker dependant visa, you must be the spouse, partner or child of someone who holds a valid Skilled Worker visa. The application process depends on whether you are applying from outside the UK or from within the UK.

You must complete an online application form through the UK Home Office website. There is a separate form for dependants of Skilled Worker visa holders. You will need to create an account, fill in the required details and pay the visa application fee and the Immigration Health Surcharge.

Applicants from outside the UK must attend a visa application centre to provide biometric information, which includes fingerprints and a photograph. You will also need to upload supporting documents or take them to your appointment.

If you are applying from within the UK to extend your stay or switch into the dependent category, you must be in the UK lawfully. You will still need to provide biometric information and submit the required documents online.

The main applicant must hold a valid Skilled Worker visa and meet the financial requirement to support their dependants. Evidence of your relationship will be required, such as a marriage or civil partnership certificate for a partner, or a birth certificate for a child. Unmarried partners must show they have lived together for at least two years.

Once the application has been submitted and all documents provided, a decision is usually made within a few weeks. Processing times vary depending on where you apply and whether you choose a priority service. You will be notified of the outcome by email or letter and, if successful, the visa will be granted for the same duration as the main applicant’s permission.

 

UK dependent visa work restrictions

 

A dependent visa under the Skilled Worker route, previously known as the Tier 2 dependent visa, allows most adult dependants to work in the UK without major restrictions. A partner holding this type of visa can usually take up employment, be self-employed or work as a contractor. There is no requirement to work in a specific role or sector, and there is no minimum salary threshold for the dependent’s job.

Dependants can also study in the UK without needing to apply for a separate student visa. Employers are not required to sponsor dependent visa holders, and the dependent does not need a Certificate of Sponsorship to take up employment.

There are some exceptions. A dependent visa holder is not allowed to work as a professional sportsperson or sports coach. Any other type of work is generally permitted. If a person holding a dependent visa begins a role that would otherwise require a work visa, they do not need to switch to the Skilled Worker route unless they choose to do so.

Children under 18 who hold dependent visas are allowed to attend school in the UK but are not usually expected to work. Once a dependent child reaches 18, they may be able to work depending on their visa conditions, but they must remain financially reliant on the main visa holder to keep their dependent status.

Dependent visa holders must not claim public funds. This restriction applies even if the dependent is working and paying tax. Employers should still carry out right to work checks before employing someone on a dependent visa, but the process is generally straightforward.

Work permission for dependants remains valid for as long as the visa is valid. If the main visa holder’s leave is curtailed or withdrawn, the dependent’s right to work may also come to an end.

 

Can visa dependants stay in the UK without the main applicant?

 

A dependent under the Skilled Worker route, previously known as the Tier 2 dependent visa, is granted leave in the UK based on their relationship to the main visa holder. The dependent’s right to stay is directly linked to the status of the main applicant.

In most cases, the dependent cannot remain in the UK if the main visa holder leaves the country permanently or if the main visa is curtailed or withdrawn. If the main applicant returns to their home country or moves elsewhere without applying for indefinite leave to remain, the dependent’s visa may also be at risk. UK Visas and Immigration may curtail the dependent’s leave, meaning they may need to leave the UK or apply under a different route.

There are some exceptions. If a dependent has lived in the UK for a certain period and meets the requirements for settlement independently, they may be able to apply for indefinite leave to remain in their own right. For example, if a child was born in the UK and one parent becomes settled or British, the child may be able to apply for British citizenship.

A partner or spouse who separates from the main visa holder must inform the Home Office. They may need to apply for a new visa under a different category, such as a family visa, if eligible.

The general rule is that a dependent visa is only valid while the relationship with the main visa holder continues and while the main applicant remains in the UK with valid leave. Each case depends on individual circumstances and should be reviewed carefully before making any immigration decisions.

 

What if the relationship breaks down or the main visa holder changes jobs?

 

If the relationship breaks down or the main visa holder changes jobs, the immigration position of a Tier 2 or Skilled Worker dependant can be affected. The outcome depends on the specific circumstances and the timing of any changes.

You cannot usually stay in the UK as a Skilled Worker dependant if the relationship has ended. If the relationship ends, the dependant no longer meets the requirements of their visa. Their permission to stay in the UK is based on being the partner or child of the main visa holder. The Home Office expects visa holders to report a change in relationship status. Once reported, the dependant’s visa may be curtailed (shortened) and they may be asked to leave the UK or apply under a different visa category to retain lawful status, if eligible.

If the main visa holder changes jobs, the situation is different. Skilled Worker visa holders can change jobs, but they may need to apply for a new visa if the new role is with a different sponsor or falls under a different occupation code. As long as the main visa holder maintains valid immigration status, the dependant’s visa remains valid until its expiry. If the main applicant is granted a new visa, the dependant may need to apply to extend their visa in line with the new grant.

In either case, forward planning is important. A relationship breakdown may require legal advice and a review of immigration options, especially where children are involved. If the main visa holder is changing jobs, they should factor in the impact on any dependants, including when and how to extend their visas.

 

Tier 2 dependent ILR requirements

 

To qualify for ILR as a Tier 2 dependant, you must be the spouse, partner or child of someone who holds, or is applying for, ILR under the Skilled Worker route (previously Tier 2 General).

You must have lived in the UK as a dependent for a continuous period of five years. During this time, you must not have spent more than 180 days outside the UK in any 12-month period. Time spent under another visa category may not count towards the five years, unless specific rules apply.

Your relationship with the main visa holder must still exist at the time of application. Spouses and partners must show that they are still living together and intend to remain together permanently. Unmarried partners must continue to show evidence of a genuine and lasting relationship. Children applying for ILR must usually be under 18 at the time of application, unless they are already in the UK as dependants and have remained financially and emotionally reliant on their parents.

You must provide documents that confirm your identity, relationship and UK residence over the qualifying period. These may include passports, tenancy agreements, bills and official letters.

You must also pass the Life in the UK Test and meet the English language requirement, unless exempt. These are the same rules that apply to the main Skilled Worker applicant.

Your application must be submitted online. You must pay the application fee and attend a biometric appointment. If successful, you will be granted ILR, which allows you to remain in the UK without time limits and provides a route to British citizenship, subject to further eligibility.

 

Need assistance?

 

DavidsonMorris are UK immigration specialists. For expert guidance on your UK visa application, contact us.

 

Skilled worker dependant FAQs

 

Who qualifies as a Tier 2 dependant?

A Tier 2 dependant is a family member of a person who holds a Tier 2 (General) or Skilled Worker visa. Eligible dependants include a husband, wife, civil partner, unmarried partner (with evidence of a long-term relationship), and children under the age of 18.

 

Can Tier 2 dependants work in the UK?

Most Tier 2 dependants are allowed to work in the UK without restrictions, except as a professional sportsperson or sports coach. They do not need separate sponsorship to take up employment.

 

Can children on a Tier 2 dependant visa go to school?

Dependant children are entitled to access education in the UK, including primary and secondary school.

 

Can dependants apply for settlement?

Dependants can apply for Indefinite Leave to Remain (ILR) after completing five years in the UK, provided they meet the requirements and their relationship with the main visa holder remains valid.

 

Can dependants switch to another visa category?

In some cases, yes. A dependant may be eligible to switch to another visa route, such as a Skilled Worker visa, if they meet the criteria and apply from within the UK.

 

What happens if the main visa holder leaves the UK?

If the main visa holder leaves the UK permanently or their visa is curtailed, the dependant’s visa may also be affected. In most cases, dependants cannot remain in the UK independently unless they switch to a different route.

 

Do dependants need to meet financial requirements?

The main applicant must show that they have sufficient funds to support each dependant, unless the sponsor is an A-rated employer confirming maintenance on the Certificate of Sponsorship.

 

Do dependants need to pay the Immigration Health Surcharge?

All dependants are required to pay the surcharge as part of their visa application to access the NHS during their stay in the UK.

 

Glossary

 

Term	Definition
Tier 2 Visa	The former UK work visa for skilled workers. It has been replaced by the Skilled Worker visa.
Skilled Worker Visa	The current UK visa route for sponsored skilled workers. It allows for employment and can lead to settlement.
Tier 2 Dependant	A spouse, partner or child of a person holding a Tier 2 or Skilled Worker visa, eligible to join them in the UK.
Certificate of Sponsorship	An electronic document issued by a UK sponsor, required for Skilled Worker visa applications.
Indefinite Leave to Remain (ILR)	Permission to stay in the UK without time restrictions. It is the main route to permanent residence.
Immigration Health Surcharge	A fee paid as part of visa applications to access NHS services during the applicant’s stay in the UK.
Unmarried Partner	A person in a long-term relationship with the main visa holder, who has lived with them for at least two years.
Financial Requirement	The requirement for visa applicants to show sufficient funds to support dependants, unless certified by the sponsor.
Right to Work	The legal right to undertake employment in the UK. Most Tier 2 dependants have this right without restrictions.
Settlement	Also known as ILR, settlement allows someone to remain in the UK permanently without a visa.