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In this article, we answer some of the questions that are most frequently asked when applying for Indefinite Leave to Remain (ILR) as a dependent partner or a dependent child of a Skilled Worker.
1. Who Is Eligible as a Skilled Worker Dependant?
Skilled Worker dependants can include spouses, civil partners, unmarried partners and children under the age of 18 on the date of application. Dependent children over the age of 18 are also eligible if they were last granted permission to stay as a dependant child.
2. What Are the ILR Requirements for Skilled Worker Dependant Partners?
The dependent partner of a Skilled Worker must be aged 18 or over and their last permission must be as a dependent partner. To meet the relationship requirement, a dependent partner needs to demonstrate that the marriage or civil partnership is valid and for any unmarried partners, they must have been in a relationship akin to marriage or civil partnership for at least 2 years before the date of application. They must either be applying at the same time as the Skilled Worker, or after the Skilled Worker has obtained settlement. If the Skilled Worker has become a British citizen, they must have had permission on the Skilled Worker route when they settled.
To be eligible for settlement, the dependent partners must have spent a continuous period of 5 years in the UK as a dependent partner and meet the English language and Life in the UK requirements.
3. What Are the ILR Criteria for Skilled Worker Dependant Children?
To be eligible to apply for ILR as dependent children, they must be under 18 years old on the date of application unless previously granted permission as a dependent child. They must not be leading an independent life and this means that they do not have a partner and are living with their parents unless they are living away from home due to full-time education. The Home Office needs to be satisfied that they normally live with their parents.
For dependent children under the age of 18, there must be suitable care and accommodation that meet the relevant UK legislation and regulations.
To meet the relationship requirement, the dependent children must be applying on the same Skilled Worker route as their parents. If the Skilled Worker parent is settled or has become a British citizen, they must have held permission as a Skilled Worker when they settled and the dependent children had permission as their dependants at that time.
Any dependent children aged 18 or over on the date of application must meet the English language and Knowledge of Life in the UK requirements.
Normally both parents must either be applying for settlement at the same time or have settled. The exceptions listed in the Home Office guidance are:
- the parent with applying for or who has settled is the sole surviving parent (such as, the other parent has died);
- the parent with permission has sole responsibility for the child's upbringing;
- the parent who does not have permission is a British citizen or a person who has a right to enter or stay in the UK without restriction (and who therefore would not need permission) – that parent must, however, live, or intend to live, in the UK.
You may wish to seek legal advice if any of the exceptions apply to you to ensure that you meet the criteria.
It is noted that any children born in the UK must provide a full UK birth certificate.
4. How Can Skilled Worker Dependants Meet the Continuous Residence Requirement?
To meet this requirement, you must have completed 5 years of continuous lawful residence in the UK as a dependent partner as discussed in Settlement as a Skilled Worker / Tier 2 Dependant. The period of 5 years must be unbroken continuous residence in the UK. This means that you must not have been outside the UK for more than 180 days in any 12 month period unless exemptions apply. For permissions granted before 11 January 2018, absences must not be more than 180 days during any consecutive 12-month period.
5. Do Skilled Worker Dependants Need to Meet the English Language and Life in the UK Test Requirements?
An applicant will need to meet these requirements unless they are exempt, for example they are aged 65 or over, under 18 years of age or have a disability which prevents them from meeting the requirements.
English language
If you met the English language requirement in a previous successful application at the level required for the current application, you will meet this requirement.
There are other ways to meet the requirements and this includes if you are a national of one of the majority-English-speaking countries listed on the Home Office website. If you have passed a Secure English Language Test in speaking and listening at an approved test provider to the CEFR level B1 or if you have a GCSE, A level, Scottish National Qualifications at level 4 or 5 or Scottish Higher Advanced Higher in English, this may be acceptable.
Alternatively, if you have a degree awarded in the UK, a degree taught in a university or college in a majority-English speaking country (except Canada) or a degree equivalent to a UK degree and was taught in English, the English Language requirement may be met. Please note that there is an additional requirement if your qualification was awarded by a body from outside the UK.
For the Life in the UK test, applicants can provide a valid digital reference number given when they passed the Life in the UK test. To book the Life in the UK test, please visit the Home Office website.
6. What Happens If Skilled Worker Dependants Do Not Meet the ILR Requirements?
If you are not eligible to apply for ILR at the same time as the Skilled Worker, you can apply to extend your visa. The dependent partner and dependent children will still need to meet the relationship requirement. The dependent children will have to meet the age and care requirements as well as showing the independent life requirement is met.
If the dependants have been in the UK for more than 12 months, the financial requirement is met.
7. Can Skilled Worker Dependants Apply for British Citizenship After ILR?
Once you have been granted ILR in the UK, you may have many questions and our article, Indefinite Leave to Remain (ILR): Frequently Asked Questions, sets out the questions about how to prove this status, the rights that it gives you and how to maintain it.
You may be eligible to apply for British Citizenship by Naturalisation or British Citizenship by Registration.
For British Citizenship applications, you must be over the age of 18 to naturalise and not be in breach of the immigration laws. Further, you are not subject to any time limit on the period for which you may remain in the UK and not subject to any such time limit at any time during the 12 month period immediately preceding the date of the application.
You will need to meet the good character requirement as well as the English Language and Life in the UK test requirements. Another criterion to note is that you intend to reside in the UK and you were in the UK on the day five years prior to the date of your application.
If you are not married to a British citizen, the residency requirement is that you must not be absent from the UK for more than 450 days during the previous 5 year period and not be outside the UK for more than 90 days during the previous 12 months before the date of your application. Our article, British Citizenship by Naturalisation – Top 10 FAQs deals with the questions most frequently asked.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
