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When Can a Tier 2 / Skilled Worker Dependent Apply for ILR?

If you are living with your spouse/partner or parent in the UK who is a Tier 2 or Skilled Worker visa holder, you may be wondering whether you have the right to settle here in the future. Many migrant family members in the UK with the main visa holder worry they may not have the same rights, and will always be subject to immigration control. This is not the case. In this article, we will explain when the dependant family member of Tier 2 / Skilled Worker visa holder can apply for indefinite leave to remain (ILR), otherwise known as a settlement.

What Is A Dependant?

Before we provide a full answer to the question of whether a dependant of a work visa holder can acquire ILR, it is first important to understand what is meant by dependant. This is because only close family members are eligible. A dependant partner or child is defined by the Home Office as any of the following people:

  • your husband, wife, civil partner or unmarried partner
  • your child under 18 - including if they were born in the UK during your stay
  • your child over 18 if they’re currently in the UK as your dependant

To be eligible to join a work visa holder in the UK, the main applicant needs to provide evidence of these relationships. In terms of partners, you can either be married or in a civil partnership, or have been living together in a relationship for at least two years.

Children under 16 are generally accepted as being dependant, but if they are 16 or over, they need to prove they are not dependant on their parent/s. The Home Office will verify that:

  • your child lives with you (unless they’re in full-time education at boarding school, college or university)
  • they are not married, in a civil partnership or have any children
  • they are financially supported by you

They must also have enough money to support themselves while in the UK (£285 for your partner, £315 for one child, and £200 for each additional child). Under this route, any other family member will not be eligible to join the main work visa holder.

Dependants who are granted permission to join their family member in the UK will be able to remain if that person stays in the UK. In the case of a partner/spouse, they can remain as long as they continue to be in the same genuine relationship. In the event that the main visa holder leaves the country, or the relationship ends, each dependant must either apply for a new visa or leave the country.

Can A Dependant Of Tier 2 / Skilled Worker Visa Holder Settle In The UK Permanently?

Yes, at the point at which the main visa holder has been living in the UK continuously for five years on Tier 2 or Skilled Worker visa and is applying for ILR, a dependant can be included in the same application. ‘Continuous’ means they have not been out of the UK for more than 180 days in any consecutive period in the five years before applying for ILR. They will also need to show they are still required by their sponsoring employer, and their job meets the salary requirements.

Assuming that all of this holds true, their partner/spouse and any dependant children can apply for ILR on the same application. For a partner to be eligible to be included in the application for ILR, they must:

  • have permission to be in the UK as your partner
  • have been living in the UK with you for at least two years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
  • be in a genuine relationship with the main applicant
  • intend to continue living with the main applicant
  • have enough income to support themselves and their dependants
  • not be using public funds
  • pass the Life in the UK Test
  • meet the English language requirements

For a dependant child to be eligible to be included in the application for ILR, they must:

  • have previously been given permission to stay in the UK as your child
  • not be married or in a civil partnership
  • live with you and be supported by you without using public funds

In addition, both parents must both be settled in the UK legally (or applying to settle). A child can also acquire ILR if:

  • the work visa holder is the child’s sole surviving parent
  • the work visa holder has sole responsibility for the child’s upbringing
  • there are serious or compelling family or other considerations, for example, you (if you’re settled in the UK) or your child has a serious illness.

If the child is over 16, when including them in the application for ILR, you will need to provide proof they are dependant on you.

Children under 18 do not need to complete the Life in the UK Test or an English language test.

How Long Will It Take To Receive A Decision On Our ILR Application?

The ILR application is made online, and the current fee is £2,389 per person. The standard application process can take around six months to complete (this may be more if the application is complex). It is possible to accelerate this process by paying £500 for the priority service, leading to a decision within five days. The super-priority service costs £800 and will lead to a decision on the next working day.

Wrapping Up

It can be extremely reassuring for Tier 2 / Skilled Worker visa holders and their dependants that the family can remain together and receive ILR at the same time. While the application for ILR is expensive for a large family, it does mean that there will be no further need to apply for a visa and to pay the healthcare surcharge. It also means you are all only one year away from being eligible for British citizenship.

Related Article

Tier 2 Dependent Visa Extension

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Reiss Edwards Awards

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Department For International Development
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ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
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O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

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