The UK immigration rules have specified who a dependant is. The definition includes the spouse, unmarried or same-sex partner and child of the main applicant. Child dependants must be under the age of 18. Importantly, child dependants that became over 18 in the UK while as a dependant of the main applicant may still be seen as a dependant even though they are now over the age of 18.
In order to obtain entry clearance as a dependant the parties in question must all be aged 18 or over apart from child dependants; on the date they will be arriving in the country.
The recent change to the immigration rules which was introduced on the 1st of October 2013 now makes it possible for applicants to switch to Dependant of a Tier 1 General migrant. The only persons that are not able to switch are persons on a visit visa or on temporary admission or release.
Holders of a Tier 1 General dependant can extend their leave in line with that of the main applicant. Please note that some PBS dependants of Tier 1 General Migrants are not able to submit an application for indefinite leave to remain in line with the the main applicant if they fail to meet the residency requirements. If this is the case, they would then need to apply for indefinite leave to remain when the main applicant is applying for Indefinite leave to remain.
If you have remained in the UK for a continuous period of 5 years as a dependant of a Tier 1 general migrant, you may be able to apply for settlement (ILR). If you were granted your current leave (PBS Dependant of a Tier 1 migrant) before the 9th of July 2012, you may be able to submit an application for settlement if you have lived in the UK for at least 2 years and the main applicant has now obtained ILR. For applicants who were granted leave to remain after that period, they will have to remain in the UK for 5 years to be eligible for ILR regardless of whether or not the main applicant has obtained ILR or not.
|Tier 1 General Extension|
|ILR - Tier 1 General|
|Dependant of a Tier 1 migrant|
|Tier 1 General infographics|
|Tier 1 General FAQ|