A family member coming to the UK for a short period of time to visit a skilled worker visa holder, family members, or friends, can apply for a standard visitor visa. However, if a family member intends to move to the UK to join the skilled worker visa holder, they must apply for a dependent visa before traveling, unless their personal circumstances mean they have the right to live in the UK without needing a dependent visa. The visa granted will match the end date of your Skilled Worker visa.

 

Who is Dependent on a Skilled Worker visa?

Eligible family members may include:

• Spouse, civil partner, or unmarried partner
• children under the age of 18 – this includes children who were born in the UK during the Skilled Workers (tier 2) visa holder’s period in the country
• children over the age of 18 if currently in the UK and dependent on the Skilled Worker (tier 2) visa holder

There are also further requirements for both dependent partners and dependent children who wish to qualify for the dependent visa.

Skilled Worker dependent partner

At the time of application, all partners must be at least 18 years old, and the partner and skilled worker (tier 2 visa holder) must be married or in a civil partnership. The couple must have lived together for at least two years before applying for a dependent visa. There are exceptions to this rule if the applicant can demonstrate that they have to live apart owing to employment or caring responsibilities.

The prospective holder of a Skilled Worker dependent visa must demonstrate to the Home Office that they are in a genuine relationship with the Skilled Worker (tier 2) and will reside in the UK together. To guarantee compliance with immigration requirements, the UKVI may, if it has concerns, require applicants to attend an interview.

Skilled Worker dependent child

All children applying for a skilled worker dependent visa must be under the age of 18 in order to be legally recognized as valid dependents. If they are over 16 years old, they must meet the dependent visa requirements that they are not living an independent life, which includes not being financially independent, living in a different household from the skilled worker visa holder parent, or being married or in a civil partnership.

In addition, the child’s other parent must already have a valid visa or suitable UK visa that allows them to remain in the UK – they must not be on a visitor visa. There are some exceptions to this eligibility criteria:

• The Skilled Worker is the only surviving parent; or
• The other parent is a British citizen or has Indefinite Leave to Remain and is a resident of the UK
• The Skilled Worker has sole responsibility for the dependent child
• There are serious and compelling reasons in favor of granting the child permission leave to remain in the UK.

Criminal Record Checks for a dependent family member

If the Skilled Worker is sponsored for a job that includes medical practitioners, pharmacists, dentists, nurses, social workers, teachers, fitness instructors, and human resources officers, the dependent partner must provide a criminal record check from any country they have lived in since turning 18 for at least 12 months (continuously or in total) in the 10 years prior to the application. The sole exemption to this rule is if the dependent partner can provide an acceptable reason for why they cannot get a criminal record certificate from the jurisdiction.

How to apply from Inside the UK

Normally, applications for dependents are submitted with the main applicant at the same time. It is possible to file dependent applications separately if the family member will join the skilled worker in the UK at a later date.

They do not need a Certificate of Sponsorship, but each dependent must file a separate application.

If the dependent family is already in the UK, they may be able to switch to a Dependent visa from their current visa, as long as they successfully apply and switch before their current visa expires.

However, note that they will not be able to switch to this visa if they are currently in the UK under any of the following:

• A Visitor visa
• A Short-term Study visa
• A Parent of a Child's Student visa
• A Seasonal Worker visa
• An Overseas Domestic Worker visa
• On immigration bail
• Permission to stay outside the immigration rules, such as on special compelling or compassionate grounds

They will not be able to leave the UK while their application is being processed. If they do leave before receiving a decision, their application will be withdrawn.

You should receive a decision on your application within around 8 weeks, though this may vary depending on how busy the UK Visas and Immigration service is.

Requirements to apply for a dependent family visa

Applicants for the skilled worker dependent visa must also meet a number of requirements to qualify for the UK visa and be able to demonstrate this at the time of their dependent visa applications.

• They intend to live in the UK with their main skilled worker visa holder
• They need to prove their genuine family relationship
• The Skilled Worker visa holder must have some time remaining on their UK visa
• They have suitable accommodation in the UK

Skilled worker dependent visa holders have no recourse to public funds in the UK, which means that they cannot claim any benefits.

As a result, applicants will need to provide adequate proof that their family members will be able to financially support them while they stay inside the UK.

The minimum financial requirements are as follows:

• £285 for a partner
• £315 for one child
• £200 for each additional child

If the main visa applicant is applying at the same time as the dependent applicant, then they will need to demonstrate they have access to a further £1,270 maintenance funds in order to ensure their Skilled Worker visa is granted.

Restrictions on the skilled worker dependents' visa to stay in the UK

Skilled Worker dependent visas do allow holders to work while in the UK and there are few restrictions so their employment opportunities are the same as their family member’s own skilled worker (or equivalent) visa

• Work, with some specific exceptions
• Study or take a postgraduate course, with some exceptions
• Access the NHS
• Extend their visa along with your family member’s skilled worker (or equivalent) visa, as long as they also continue to meet eligibility requirements

However, immigration rules state that they can not work as a doctor, dentist, professional sportspersons, or coach during their stay in the UK.

Route from Skilled Worker dependent visa to ILR (Indefinite Leave to Remain)

Dependents of Skilled Workers are eligible to apply for settlement after they complete 5 years of continuous residence in the UK on this route. However, at the time of application for settlement, the Skilled Worker must also:

• Be applying and granted settlement at the same time as the dependent;
• Have been granted settlement in the UK while holding permission as a Skilled Worker;
• Have been granted settlement in the UK while holding permission as a Skilled Worker and now become a British citizen.

Dependents aged between 18 to 65 will also need to meet the English Language and Life in the UK requirements. 



For expert advice and assistance in relation to an application as the dependant of a Skilled worker, please contact us at 0203 865 6219 or leave a message on our website.