Indefinite Leave to Remain Dependent Visa

What is a Dependent?

A dependent for visa purposes is a direct family member of a qualifying visa holder. Being a dependent family member enables you to apply to join the family member who is currently settling or is already settled in the UK.

Please note that there’s no exact visa called ILR Dependent visa. However, if your partner or parent has Independent Leave to Remain, you can apply for a Spouse visa or Child Dependent visa. If you were already in the UK before your partner obtained ILR, you might be able to obtain ILR immediately as well – this is what we will cover in the rest of this post as the ILR Dependent visa.

You can apply for an ILR Dependent Visa after 5 years of living in the UK on a Family Visa or as a dependent on a qualifying work visa. You can apply as:

• Dependent partner (husband, wife, civil partner or unmarried partner)
• Dependent children under the age of 18
• Children over the age of 18 that are financially dependent on the main visa holder
• An adult dependent relative
• If you’re a dependent parent and you have a partner in the UK, you should apply for a Partner Visa first and apply for ILR once you’re eligible.

Eligibility Requirements for Dependent Partner

Overview

If you are a partner of someone who is settled or settling in the UK, you must satisfy the following eligibility requirements:

• You must be married, in a civil partnership or unmarried partner of a UK citizen or a person settled in the UK.
• You must prove that you have lived together in a relationship for at least 2 years.
• You must have been living in the UK on a Family Visa (for at least 2 years) or as a dependent on your partner’s Work Visa (for at least 5 years). If you’re dependent on a UK Ancestry or Representative of an Overseas Business Visa, the time you have spent in the UK is not required.
• If you are 18 to 64, you must meet the English language requirements, and you will need to pass the Life in the UK Test.

Time You’ve Spent in the UK and the Financial Requirements

If you have spent 2 continuous years in the UK on a Family Visa as a partner, you must prove that you have enough money to support yourself and your children without public funds.

If you have lived for 5 continuous years in the UK on a Family Visa, you and your partner must have a combined income of at least £29,000, with planned increases to £34,500 and eventually £38,700 by Spring 2025.

If you have spent 5 years as a dependent on your partner’s Work Visa, you must both have enough income to support yourselves and your children without public funds.

You do not need to meet the financial requirements if you have lived in the UK for 10 years in the UK.

Consider reaching out to an immigration specialist if you unclear about the financial requirements criteria. If you apply without proving sufficient funds you could have your application delayed or even refused.

Eligibility Requirements for Dependent Children

Overview

The dependent children need to meet the following requirements:

• The child must have a visa as a dependent on their parent’s Work Visa. However, if the parents are settled on the UK Ancestry Visa, the child can have any visa except a Visitor Visa, Short-Term Study Visa, Parent of a Child Student Visa, Seasonal Worker Visa or a Domestic Worker in a Private Household Visa.
• The child must be living with and be financially dependent on the main visa holder and should not be working full-time, be married, or have children.
• Children over 16 must be financially dependent on the main visa holder/applicant. They must live with the main visa holder unless they are studying at school, college, or university.
• The children aged 18 and over must have been dependent on their parent or relative’s visa before turning 18.
• Children over the age of 18 must meet the English language requirements and pass the Life in the UK Test.
• Children over the age of 18 cannot be included in the main applicant’s ILR application as they must submit their own application.

The Dependent Child Relationship Requirements

In addition to the eligibility criteria listed above, several relationship requirements must be met when applying for the ILR Dependent Visa.

• The parent must be a biological, adoptive or step-parent.
• Both parents must be settled or apply for settlement in the UK if the child lives with them.
• If the child lives with one parent, they must have sole responsibility or shared responsibility if the child’s other parent is a British citizen or settled in the UK.
• If the parent does not have sole responsibility for the child, the child may still be eligible to apply for ILR if their other parent has died or there are serious and compelling reasons why the child should be allowed to stay in the UK.
• If the child lives with a relative who is not their parent, there must be an adequate reason why they should be allowed to stay in the UK.

Children Born in the UK

If your child has been born in the UK, you can apply to the Home Office to register the child as a British citizen without needing to have been granted ILR. Children born in the UK after one or both parents have been granted ILR are automatically British by birth.

The Main Visa Holder’s Qualifying Work Visas

If you’re applying for ILR as a dependent on a Work Visa. The main visa holder’s last Work Visa must then be one of the following:

• Skilled Worker or Tier 2 (General)
• Scale-up Worker Visa
• International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
• T2 Minister of Religion or Tier 2 (Minister of Religion)
• Tier 1 (Exceptional Talent)
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• UK Ancestry Visa
• Global Talent Visa
• Representative of an Overseas Business Visa
• Domestic Worker in a Private Household Visa, if they came to the UK before 6 April 2012

The main visa holder might have an older version of one of these types of visas. However, this does not disqualify you from applying for ILR.

The 180-Day Absence Rule

You must not have spent more than 180 days outside the UK in any 12 months if you’re applying as a dependant on your partner’s:

• Skilled Worker visa
• Scale-up Worker visa
• Sportsperson visa
• Minister of Religion visa
• Tier 1 visa
• Tier 5 visa
• Global Talent visa

Application Cost

The fees associated with applying for ILR as a dependent family member of a work or business visa holder include the following:

• Application fee (per dependant) – £2,885
• Use the optional super priority service to receive a decision within 5 working days – £500
• Life in the UK Test – £50

Each applicant must have their biometric information (fingerprints and a photo) taken. There is no fee for this. You are also not required to pay the immigration health surcharge when you apply for ILR.

How to Apply For an ILR Dependent Visa?

You must apply online through the official UK government website whether you are applying from outside or within the UK. You’ll need to provide the following:

• Proof of your income and your residential history
• Evidence of living in the UK since you got your last visa
• Evidence that your relationship with the main visa holder is genuine
• Proof that you meet the English language requirements and have passed the Life in the UK Test.

Check If You Need a Medical Test

If you or your family member is moving to the UK, you should do a tuberculosis (TB) test before you apply.

However, you won’t need a TB test if:

• You’re a diplomat accredited to the UK
• You’re a returning UK resident and have not been away for more than 2 years
• You lived for at least 6 months in a country where TB screening is not required by the UK and you’ve been away from that country for no more than 6 months

However, you won’t need a TB test if:

• You’re a diplomat accredited to the UK
• You’re a returning UK resident and have not been away for more than 2 years
• You lived for at least 6 months in a country where TB screening is not required by the UK and you’ve been away from that country for no more than 6 months

What to Do If Your Application is Rejected?

If the application is rejected, you can appeal the decision or re-apply. Challenging the decision by appeal must be based on a valid human rights claim. If you do not provide enough evidence or fulfil the requirements, your appeal will likely not be accepted. Therefore, it is essential that if you appeal the decision, you provide any missing information and documentation to ensure approval. Application fees are often unrefunable so you need to make sure you submit your application correctly otherwise it could prove costly and lead to significant delays.

What to Do If Your Application Is Accepted

If your application is accepted, you must arrive in the UK within 30 days. If you don’t arrive in the UK within that time frame, you will need to apply again. Once you’re in the UK, you will have to collect the biometric residence permit (BRP) from a post office within 10 days. When filling out your application, you will choose which post office where you want to collect your biometric residence permit. The BRP will allow you to stay in the UK without restrictions.

How Can IAS Help?

Joining your family in the UK to settle without restrictions is many visa applicants’ ultimate goal. However, the Indefinite Leave to Remain Dependent Visa application process can be complicated. Immigration Advice Services can help make this process easier.

We are experienced immigration lawyers offering help with visa applications. IAS can work with you, assemble any required documents, check paperwork and assist you with your visa application process.

For more information about our services and how we can help, reach out to us today by calling 0333 305 9375 or chat with us online.