ILR Dependant Visa Requirements

What Are ILR Dependant Visa Requirements?

Individuals holding a dependant visa in the UK may qualify for Indefinite Leave to Remain (ILR) if they meet specific criteria specified by UK Immigration. Obtaining ILR is a significant milestone for families as it grants them the privilege to stay, work, and study in the UK without any limitations. 

This article offers a thorough overview of the requirements for dependants aiming to secure ILR.

Who Can Apply for an ILR Dependant Visa?

To apply for ILR, individuals must be directly related to someone who is either settled in the UK or holds a specific visa that leads to settlement in the UK. Examples of these visas include Skilled Workers (previously tier 2), the T2 Minister of Religion, the International Sportsperson, etc. 

Dependants of these visa holders include spouses, civil partners, unmarried partners who have cohabitated for at least two years, and dependent children under 18. 

Children over 18 can also qualify if they were previously granted a dependant visa and remain financially dependent on the primary visa holder.

What Are the ILR Dependant Visa Requirements?

The application process for ILR as a dependant involves meeting specific criteria that demonstrate the dependant’s commitment and integration into UK life. These requirements ensure that the applicant has maintained their relationship with the primary visa holder and adhered to UK immigration laws throughout their stay. 

Requirements tT Apply as Dependant Partner

The criteria for dependant partners include the following:

  • Relationship Status: You must confirm that you are either wedded, in a civil partnership, or have been living together in a relationship comparable to the wedding or civil partnership for a minimum of two years as a dependant of the principal applicant who is applying for or has already obtained ILR, or is a British citizen.
  • Minimum Residency Requirement: You must have lived in the UK for at least five continuous years as a dependant on your partner’s visa. 
  • Continuous Residence: You must not have resided more than 180 days outside of the UK in any 12-month period throughout the five-year term.
  • Financial Requirement: Demonstrate sufficient resources to sustain yourself without using public funds.
  • Accommodation: Provide evidence of suitable and stable accommodation for you and your partner that meets UK living standards.
  • Life in the UK Test: Take the “Life in the UK” test to establish that you understand British history, culture, and way of life.
  • English Language Requirement: Prove your knowledge of the English language to at least CEFR level B1 in speaking and listening. This can be proven by obtaining an appropriate degree taught in English or passing an authorised English language test.
  • No Immigration Breaches: Ensure there are no breaches of immigration laws on your record, except for permissible brief periods of overstaying under specific circumstances.

Requirements to Apply as Dependant Children 

The criteria for dependant children include the following:

  • Relationship to the Main Visa Holder: The child must be a biological, adopted, or step-child of the primary visa holder. The child must have last been granted permission as a dependant of the principal applicant who is applying for or has already obtained ILR or is a British citizen.
  • Age and Dependency: They must be under 18 at the time of applying, or if they are 18 or older, they should have been previously granted leave as a dependant and still be financially dependant on the main visa holder, not living an independent life.
  • Consent and Care Arrangements: If the child is under 18, both parents must provide evidence of proper care arrangements and consent for the child’s stay in the UK unless one parent has sole responsibility.
  • Education and Welfare: Proof of the child’s education and welfare in the UK must be provided, showing that they have been attending school and that their needs are being met according to UK standards.
  • Life in the UK Test: Children aged 18 or over must pass the Life in the UK test. Children under 18 are exempt. 
  • English Language Requirement: Children aged 18 or over must meet the English language requirement, showing proficiency in speaking and listening to at least CEFR level B1, unless exempt due to special circumstances.

Also Read: Documents Required for UK Child Dependant Visa

How To Apply for ILR as Dependants

Applying for Indefinite Leave to Remain (ILR) as dependants involves an online application process through the UK Visas and Immigration (UKVI) portal. 

When compiling your application, ensure you have gathered all the relevant paperwork as specified in the application guide. This could include proof of your relationship with your sponsor, evidence of continuous residence in the UK, and financial support documentation showing you can be supported without access to public funds.

Additionally, most applicants will have to provide current biometric information, including fingerprints and a picture. Submitting these details usually requires an appointment at a designated service point.

As part of your application, you must disburse the visa fee. You will receive instructions on how to make this payment. Make sure to thoroughly examine all instructions and criteria to ensure that your application is comprehensive and accurate, reducing the possibility of delays or rejection.

Get to know: How to Apply for a Dependant Visa UK

Cost of Applying for ILR as dependants

The visa fee is £2,885 for each applicant. This fee covers the processing of the application by UKVI. Still, it does not include some of the additional costs that may be incurred during the application process, such as legal advice or the cost of gathering documentation.

It is important to note that applicants for ILR do not need to pay the Immigration Health Surcharge. This exemption reflects the transition from temporary to permanent residence, acknowledging that approved applicants will contribute to public finances through taxation.

Once awarded ILR, dependants have practically the same privileges as British citizens, including unlimited access to the National Health Service (NHS), which offers comprehensive healthcare services at no extra cost beyond ordinary taxes.

Read More: Essential UK Dependant Visa Requirements Explained 2024

Let Spouse Visa Lawyers Help You

At Spouse Visa Lawyers, we offer expert guidance specifically tailored to your family’s needs. Our team is here to help you understand the specific visa requirements, gather the necessary documentation, and ensure your application is complete and accurately presented.

Reach out today, and let’s discuss how we can help make your application successful.

You Ask, We Answer

FAQs

A dependant in the context of an ILR application is normally a husband or wife, civil partner, unmarried partner, and/or children below the age of 18. Children above the age of 18 can be considered if they currently reside in the UK as dependants.

When filing for ILR as a dependant of a work visa holder, you must fulfil the English language criteria unless you’re exempt. This generally involves proving your English competence through an authorised test.

The processing time can vary, but typically, applications are decided within 6 months. There is an optional premium service that can expedite the process, providing a faster decision, usually within a few weeks or less.

If your application is rejected, you will get a letter stating why. Depending on the grounds of refusal, you may have the right to appeal the decision or apply for an administrative review. It is advisable to seek legal advice to understand the best course of action.

Applicants have to provide fingerprints and a picture when making an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service centre. This appointment will be booked during the visa application process.

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Disclaimer

The information provided in our articles is intended solely for guidance and should not be considered legal advice. We do not assume responsibility for any liabilities arising from the information in written articles and recommend that all readers seek professional advice before taking any action. For those wishing to discuss their case with a professional, please feel free to contact us directly.

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