The ultimate goal of most visa holders in the UK is Indefinite Leave to Remain. It allows you to stay in the UK without restrictions on employment, study, or business. Some Visa route allows you to bring family members in the UK and they are eligible to apply for ILR at the same time on a five-year residence basis. While the route to Indefinite Leave to Remain is generally straightforward for the points-based system visa holder, it may not be so straightforward for their dependents. 

For example, a family member who does not hold a Dependant visa before the main applicant is granted ILR, or whose partner or parent has been granted ILR under the 10 year 'Long residence' route (rather than the standard 5 year route), will have to apply as the family member of a settled person. They would then have to spend five years under that visa route to be able to apply for ILR.

 

Who Qualifies as Dependants?

A dependent is a direct relative of an individual who holds a points-based system visa. In general, their visa allowance will be in line with the visa holder (presuming they came to the UK at the same time as the visa holder). So, even if they decide to join you at a later date, their leave will end at the same time as the visa holder.

How Do Dependants Apply for Indefinite Leave to Remain?

Dependents can apply for ILR when they meet the requirements of living in the UK for 5 years. The duration of a dependent's visa is consistent with the main visa holder, but must also be met for 5 years living in the UK, with absent restrictions on overseas travel (not more than 180 days in any one year and not more than 540 days in the last five years).

Dependents must also pass the Life in the UK test and meet the requirements of at least B1 CEFR English level.

In addition, if the main visa holder has not applied for ILR, only the dependents cannot apply for ILR under the condition of the dependent visa.

ILR Requirement for Dependant Spouse or partner

Some partners may not have lived in the UK under a Dependant visa for five years, and will have not yet been eligible to apply when the main applicant is applying for ILR. They may, for example, have arrived in the UK later than the main applicant, or held a different visa and only recently switched to a Dependant visa.

Once the main applicant has been granted with ILR, it is possible for a partner to continue under, and extend, their Dependant visa to get to the point they can apply for ILR.

ILR Requirement for Dependant Children

Specific eligibility is different from the spouse or partner for children under the age of 18 to be eligible for ILR. There is not specific length of time they must spend in the UK, but they are applying for ILR at the same time as both parents (or their sole surviving parent with sole responsibility), or their parents have already been granted settlement. Additionally, they should not be married or in a civil partnership; and will continue to live with and be supported by the main applicant.

Since both parents must be qualified as ILR holders to meet their children's eligibility, if the spouse or partner cannot apply for ILR at the same time, any children must wait and apply with them.

Children over 18 years old when applying cannot be included in the main applicant’s ILR application and must instead submit their own application, based on five years in the UK on Dependant visas. They must also meet English requirements and pass the Life in the UK test.

Dependant family extending after the main applicant has ILR

If the dependant family member cannot apply for ILR at the same time, they need to seek to extend their visa for three years at a time.

If they need a longer extension of their Dependant visa for more than three years to reach the point they can apply for ILR, they will need to apply for another extension later. Despite not needing the full three years to reach the point, they will still unfortunately need to apply, and pay for the extension of three years.