Who is a dependent family member?

A dependent is a direct relative of an individual who holds a qualifying work or business visa.

• Spouse, civil partner, unmarried partner or same-sex partner
• If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;
• Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;
• Children under the age of 18
• The child who is over the age of 18 if they are financially dependent on the main visa holder

Which types can a dependent family member apply for ILR?

The PBS visa types which allow dependant family members to apply for ILR are as follows:

• Tier 1 Investor
• Tier 1 Entrepreneur
• Skilled Worker (T2 visa)
• T2 Minister of Religion
• T2 Sportsperson
• Representative of an Overseas Business
• Global Talent
• Innovator
• UK Ancestry
• T5 International Agreement Worker- the Home Office guidance states, “Note that applications for settlement on the T5 (Temporary Worker) International Agreement Worker route can only be accepted from applicants who have, or have last been granted, permission as a ‘Private servant in a diplomatic household’”.

When can a PBS dependent apply for ILR?

In many cases, a dependent family member can apply for ILR after 5 years of living in the UK on a dependent visa. Five years of residence is the mandatory requirement for both the main holder and the dependent family members to be eligible for Indefinite Leave to Remain.

A dependent typically receives a visa that lasts for the same amount of time as the main visa holder. Even if they decide to join the main visa holder at a later date, their leave will end at the same time. The qualifying period for their ILR application depends on the date when the dependents were granted first leave to join the main applicant.

The dependents will be able to apply for ILR at the same time as the main visa holder if a dependent arrived in the UK at the same time. If they arrived at a later date, then they will need to wait until they reach the continuous 5 years residence requirement for ILR before they can apply for settlement.

If at the time when the main applicant applies for his Indefinite Leave to Remain, the dependent has not completed 5 years of residence on a dependent visa, they would need to apply for further leave to remain on the same basis.

Once approved PBS Dependent would be given 3 years of leave to remain and upon completion of a total of 5 years, PBS Dependent would be able to apply for ILR in their own right, provided PBS Dependent is able to fulfil the relevant requirements.

What are the eligibility requirements for ILR as a dependent family member?

Applicants for ILR must have been living in the UK for the continuous qualifying period, meet the English language requirement, and pass the Knowledge of Life in the UK test.

• The applicant must have been last granted as the dependant of the main visa holder who has already been granted settlement or making an ILR application at the same time or has become a British citizen.
• The applicant and the main visa holder must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage for at least five years.
• The applicant must not have been absent from the UK for more than 180 days during any 12-month period in the continuous period.
• Their relationship must be genuine and subsisting at the time the application is made
• The applicant and the main visa holder must intend to live permanently

English language requirement

The applicants aged between 18 and 65 must have sufficient competence in English to the equivalent of level B1 of the Common European Framework of References (CEFR) for the English language. This will be met if the applicant:

• previously met this requirement on a successful application for permission
• is a national of a majority English-speaking nation
• has an academic qualification which was taught in English
• has passed an approved SELT

Knowledge of Life in the UK requirement

The applicants are also required to provide evidence of passing life in the UK. There is a great deal of information available online regarding the Knowledge of Life in the UK Test, including learning material, test questions, and guidance on how to study for the test. Passing the test is relatively straightforward for those who take the time to prepare and study properly, hence we always advise that applicants should invest sufficient time in this process.

Applying for an ILR as a PBS visa holder is an exciting and tense process for some people, given the importance of results. Acquiring an ILR means you can stay in the UK permanently and apply for UK citizenship in one year. As such, this represents a point where you can plan to remain permanently, no longer subject to immigration control.

To discuss your ILR as a PBS-dependent family member with us, contact us on 0203 865 6219 or leave a message.