Family members have been granted as dependant are eligible to apply Indefinite Leave to Remain (ILR) with main visa holder on the base of certain visa categories.

If applying for indefinite leave to enter or remain as dependant family member, the applicants need to demonstrate that they will be adequately maintained, accommodated and cared for without recourse to public funds. Each of the family related settlement categories also have their own additional eligibility criteria.

Qualifying period

Since 9 July 2012, dependants have been required to complete a full five years’ residence in their own right before qualifying for ILR. Spouses/Civil partners, unmarried partners and same sex partners must have been living with the main applicant for at least 2 years (if initially granted leave under the rules in place before 9 July 2012), otherwise for five years. For example, if dependant family members have been stayed for 3 years, they should wait until they qualify 5 years’ stay. When the main applicant apply ILR, the family members can not apply ILR at the same time.

5 full years’ residence period does not satisfy all family member ILR application. 10 years Long Residence ILR applicant is not eligible to support dependant family member. Each family member should qualify 10 years lawful residence in this category.

Cohabitation and genuine relationship evidence

Most of dependant family members under certain visa categories are Spouses/Civil partners, unmarried partners, same sex partners and dependent children. They should be in a genuine and subsisting relationship with the main applicant. They also intend to live together with the main applicant permanently in the UK.

Calculating the 180 days absences

For settlement applications made from 11 January 2018, absences from the UK are considered on a rolling basis. Any consecutive 12 month period can be considered for all ILR applicants.

For dependant family, any absences prior to 11 January 2018 will be disregarded.  Any absences from 11 January 2018 onwards will be assessed on a rolling basis in the same way as the main applicant. However, dependant children do not have to satisfy the 180 day ILR rule.

Rule for a dependent child applying for ILR

Children must have been granted leave in line with the main applicant or their other parent (both of whom continue to hold status as main applicant and PBS dependant spouse, unmarried or same sex partner unless stated exceptions present re sole survivorship, responsibility or ‘serious and compelling circumstances warrant’). There must be arrangements in place for their care and accommodation which comply with relevant UK legislation and regulations.

To meet the requirement, the children must not be married, living with a partner or have children of their own and they must not be living independant of their parent(s) (except if it is due to education, e.g. at boarding school/university), in full-time employment or financially independant.  Applicants who are 18 years or older at the time of application will also need to satisfy the knowledge of language and life in the UK requirement.