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Indefinite Leave to Remain (ILR) Requirements for Dependents

If they meet the requirements, family members of visa holders with dependent visas (such as Skilled Worker/Tier 2 and Global Talent) may be included in the same ILR application.

Whether a person is the main applicant or a dependent, they are all subject to the same ILR and Super Priority payments.

All applicants for ILR who are over 18 years old must, as previously stated, complete the English language criteria and have passed the “Life in the UK” test.

Partners

Partners must meet the following specific qualifying requirements:

  • Have lived with the primary applicant in the UK for five years on dependent visas; Still have a romantic relationship with the primary applicant, and they intend to stay together;
  • have not spent more than 180 days outside of the UK in any 12-month period while holding a visa that was issued after January 11, 2018 (when the “continuous residency” criteria was extended to couples).
  • The new rule for Global Talent/ Tier 1 Exceptional and Skilled Worker/ Tier 2 visa holders who hold research and teaching positions, according to which periods of research outside the UK are no longer counted against the absence cap, also applies to partners who hold dependent visas and have accompanied them during these times.

Some partners might not be eligible to apply when the primary applicant is applying for ILR because they haven’t been living in the UK for five years as a dependent. For instance, they might have arrived in the UK later than the primary applicant or might have previously held a different visa before switching to a dependent visa.

However, if the primary applicant has been granted ILR, a partner may continue to stay on their Dependant visa and extend it until they are eligible to apply for ILR. Children must wait until after both parents have settled in order to be eligible, so if one partner can’t apply for ILR until later, any children will also need to wait and apply alongside them.

A partner who does not already have a dependent visa must apply as the spouse or partner of a settled person if their partner has been awarded ILR using the 10 year “Long residency” route rather to the usual 5 year route or if they do not already have a dependent visa. After completing five years of their stay through that visa option, they would then be eligible to apply for ILR.

Children

Children under the age of 18 must meet specific eligibility requirements, which include:

  • possess a dependent visa (there is no requirement as to how long they must have resided in the UK);
  • are submitting ILR applications at the same time as both of their parents (or the parent who bears sole responsibility or the single survivor), or whose parents have already received settlement;
  • Are not married or in a civil partnership; They intend to continue living with and being supported by the primary applicant.
  • Children must wait until after both parents have settled in order to be eligible, so if a spouse can’t apply right away, any children will also need to wait and apply alongside them.

When submitting an application, children over 16 must also present documentation proving they are:

  • are not living an independent life, are still living with the main applicant (unless they are enrolled in school, college, or university), and are still financially reliant on the main applicant.
  • Children who are above 18 years old at the time of application cannot be included in the ILR application of the main applicant and must instead file their separate application, based on five years in the UK on Dependent visas. They must also pass the “Life in the UK” test and meet the English language criteria.

Before granting ILR to parents

It is not necessary for the child to have received ILR if one or both parents of a child born in the UK have been awarded ILR before submitting an application to the Home Office to register the child as a British citizen. Following approval of the application, the kid may submit an application for a British passport.

after the ILR issued to parents

Children who are born in the UK after one or both parents have been granted ILR are immediately British citizens by birth, and a British passport application can be completed for the kid.

Considerations on Dual Citizenship

If a child acquires British citizenship, their own citizenship may be forfeited because certain nations do not accept their citizens to maintain dual nationality.

DISCLAIMER: All information posted is merely for educational and informational purposes. It is not intended as a substitute for a professional advise. Should you decide to act upon on the information on this website, you do so at your own risk.

Do you want to instruct me?

If you are looking for personal legal advice or help with your case, we have three different services available for different budgets:

1. Ask us anything on video link or telephone legal advice in 30 min sessions for £50.

2. Application checking service for £450 if you have prepared your application yourself but want it checking for your peace of mind

3. Full legal representation from £1,250 where we run your case for you.

We are Queen’s Park Solicitors. I am a Solicitor (Lawyer) based in London, UK. My name is Atty. Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RT, United Kingdom | Telephone: 02036437508 | Fax: 02033931725 | Email: donm@queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA) 566513. Visit us at http://www.queensparksolicitors.co.uk.

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