ILR as a Skilled Worker Dependant - Specialist Dependant Visa Solicitors

You can apply for ILR as a Skilled Worker dependent partner 28 days before completing 5 years in the UK under the Skilled Worker/Tier 2 General dependant visa. An application for ILR as a skilled worker dependant visa is made online using the SET (O) application form. The application is submitted in accordance with the requirements as set out in Appendix Skilled Worker of the Immigration Rules. You can apply for ILR as a Skilled Worker dependant through Priority or Super Priority Service to get a faster decision on your ILR application.

To apply for ILR as a skilled worker dependant, the skilled worker should either be applying for ILR at the same time or should have already been granted ILR as a skilled worker. A person applying for settlement as a dependent partner or dependent child of a Skilled Worker must apply online on the gov.uk website on the specified form, “Settle in the UK in various immigration categories: form SET(O)”.

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Eligibility Requirements for ILR as a Skilled Worker Dependant

As a dependant of a Skilled Worker migrant, you should satisfy the following requirements to be eligible for ILR as a Skilled Worker dependant:

• Valid application: The applicant must submit a valid ILR application from inside the UK as a Skilled Worker dependant.
• Immigration status of the sponsor: The applicant must be applying as a partner or child of a Skilled Worker migrant who:
  • has made a valid application for ILR in the UK on the Skilled Worker route and that application has not been decided; or
  • is settled (holding ILR) or has become a British citizen, provided that the Skilled Worker sponsor had permission on the Skilled Worker route when they applied for ILR and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of a Skilled Worker and the applicant was born in the UK before the Skilled Worker settled.
• Qualifying period requirement: The applicant must have spent a continuous 5-year period in the UK with permission as a dependent partner of a Skilled Worker.
• Continuous residence requirement: The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period.
• Suitability requirement: The applicant must not fall for refusal under the Appendix Suitability of the Immigration Rules.
• Relationship requirement: The applicant must meet the relationship requirement as set out in Appendix Skilled Worker of the Immigration Rules.
• Age and care requirement for child: If the applicant is applying as a dependent child, they must be aged under 18 on the date of application unless they were last granted permission as the dependent child of their parent or parents. If the applicant is a child aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.
• English language requirement: Unless an exemption applies, the applicant must demonstrate English language proficiency at level B1 or higher in speaking and listening on the Common European Framework of Reference for Languages. The applicant must demonstrate that they meet the English language requirement specified in Appendix English Language.
• Knowledge of Life in the UK requirement: If the applicant is aged 18 or over on the date of application, they must meet the knowledge of Life in the UK requirement as set out in Appendix KoLL of the Immigration Rules.
• Not be in breach of immigration laws: The applicant must not be:
  • in breach of immigration laws, except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded; or
  • on immigration bail.

Relationship Requirement

The applicant must be the partner or child of the sponsoring Skilled Worker, where one of the following applies:

• The sponsoring Skilled Worker is, at the same time, being granted ILR as a Skilled Worker; or
• The sponsoring Skilled Worker is settled in the UK, i.e. holding ILR or has become a British citizen, providing the sponsoring Skilled Worker had leave to enter or remain as a Skilled Worker when they applied for ILR, and the applicant either:
  • had leave to enter or remain as a sponsoring Skilled Worker’s partner or child at that time; or
  • is applying as a child of the sponsoring Skilled Worker, and was born in the UK before the sponsoring Skilled Worker was granted ILR.

The applicant must either:

• have last been granted leave to enter or remain as a dependent partner or dependent child of the sponsoring Skilled Worker; or
• have been born in the UK and are applying as a child of the sponsoring Skilled Worker.

If applying for ILR as a partner, the applicant and the sponsoring Skilled Worker must meet the relationship requirement set out in Appendix Skilled Worker of the Immigration Rules and must have met it throughout the 5 years ending on the date of application for ILR.

If applying for ILR as a child, the applicant’s other parent (who is not the sponsoring Skilled Worker) must be granted ILR at the same time, or be settled or a British citizen, unless:

• the sponsoring Skilled Worker is the applicant’s sole surviving parent; or
• the sponsoring Skilled Worker has sole responsibility for the applicant’s upbringing; or
• the decision maker is satisfied that there are serious and compelling reasons to grant the applicant ILR as a dependent child.

Age and Care Requirement for a Child

The child must be under 18 on the date of application, unless they were last granted permission as a dependent child of their parent or parents. If the child is aged 16 or over at the date of application, they must not be leading an independent life.

If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK that comply with relevant UK legislation and regulations.

Qualifying Period Requirement

The applicant must have spent a continuous period of 5 years in the UK with leave to enter or remain as a dependent partner of the sponsoring Skilled Worker.

Continuous Residence Requirement

The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the relevant qualifying period.

English Language Requirement

Unless an exemption applies, the applicant must demonstrate English language proficiency at level B1 or higher in speaking and listening on the Common European Framework of Reference for Languages. The applicant must demonstrate that they meet the English language requirement specified in Appendix English Language.

Knowledge of Life in the UK Requirement

If the applicant is aged 18 or over on the date of application, they must meet the knowledge of Life in the UK requirement as set out in Appendix KoLL of the Immigration Rules.

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