Is There An ILR Dependent Visa in the UK?

Under the current rules, there is no specific ‘ILR Dependent Visa’ immigration route in the UK. Many people mistakenly believe that there is an ILR Dependent Visa in the UK but this is not the case. However, there are types of UK Dependent Visa that count towards Indefinite Leave to Remain (ILR) after a qualifying period of residence. Some of the UK Dependent Visa types that can lead to permanent settlement in the UK include the following:

• Points-based system or PBS dependant visa (e.g. Skilled Worker Dependant Visa)
• Family visa (e.g. fiancé, partner, parent, and child visa)

If you are unsure if your dependent visa provides a pathway to permanent settlement in the UK, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

Requirements to ILR for dependent child

In general, to make a successful ILR application for a child, the following requirements must be met:

• The child applicant must have a parent who is a British citizen or settled in the UK
• The child must intend to live with their parent, parents or relative
• The applicant must not be married, in a civil partnership or living an independent life
• The UK-based parent(s) must be able to financially support and accommodate the child adequately without accessing public funds

The exact immigration rules that must be met to secure ILR for a dependant child will depend on whether they are applying as a child visa holder who was born outside the UK, a child of a parent settled in the UK, or as a child of a dependant visa holder.

Requirements to ILR for dependent partner

To make a successful ILR application for a dependant partner, your partner or spouse must be settled in the UK. The specific requirements that you need to meet to gain ILR as a dependant partner depends on your chosen route, as follows:

Partner visa

You must hold a current family visa as a partner or spouse, and your partner must be settled in the UK as a British citizen or a person with ILR. You must normally have been living in the UK for a certain amount of time (2, 5, or 10 years), depending on the route you are on. If applying on the 5-year route, you and your partner will also need to show that you meet or exceed the combined income requirements.

PBS dependant partner visa

To apply for ILR under this route, you must hold a valid PBS-dependant partner visa, and your partner must be settled or applying to settle in the UK. In addition, your partner’s last work visa must be one of the following types:

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

Crucially, you may need to meet the continuous residence requirement in the UK to secure ILR under this route. If you are a dependent on a UK Ancestry or Representative of an Overseas Business visa, there is no time requirement. If you are a dependant on any other work visa, you must have been living with your partner in the UK for at least 5 years.

Dependent visa extension

If the main visa holder applicant has qualified for ILR but you, as a dependent visa holder, have not, you may need to extend your current dependent visa to meet the qualifying period time for ILR. However, this will depend on the type of visa you hold.

Partner visas under the family migration route normally have to be extended after 33 months for a further 30 months. PBS dependant visas such as the Skilled Worker dependant visa are normally issued for the same length of the visa held by the Skilled Worker visa holder (which can be up to 5 years) and can be further extended if the main visa is also extended.

To extend a dependant visa as a step towards ILR, whether as a partner or child, the same rules that were met for the initial application normally still apply. For example, if applying for a PBS-dependent partner visa extension, your partner must still hold their work visa and be living lawfully in the UK. If applying for a dependant visa extension under the family visa partner route, the partner of the applicant must still be living in the UK and you must still be in a genuine relationship with them.