If you or your partner is on the path to Indefinite Leave to Remain (ILR) in the UK, you might be wondering how this status affects your dependents. Can your spouse or children join you on this journey? Is there a specific ILR for dependent visas, or are there other immigration routes to consider? In this article, we’ll explore the options available to dependents of those applying for or holding ILR, how they can qualify, and what you need to know to keep your family together during this process.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a status granted to non-UK citizens that allows them to live, work, and study in the UK without being subject to immigration controls. It’s an important step toward permanent residency and can eventually lead to British citizenship.
For many people, securing ILR provides stability and the freedom to live in the UK without needing to apply for visa extensions or renewals. However, when it comes to family members, the process can be more complex. While the person applying for ILR may have a clear pathway, their dependents (spouse, partner, children) must follow specific rules to ensure they can remain in the UK.
Can Dependents of ILR Holders Apply for an ILR Dependent Visa?
While there isn’t a visa specifically called the ILR Dependent Visa, there are immigration routes for family members of ILR holders that allow them to remain in the UK or join their partner or parent who has ILR.
1. Partner or Spouse of an ILR Holder
If your spouse or unmarried partner holds ILR, you may be eligible to apply for a Family Visa. This visa is granted to the partners of UK citizens, ILR holders, and those with settled status. However, there are eligibility criteria you must meet, including:
Proof that you are in a genuine relationship (married, civil partnership, or cohabiting for at least two years if unmarried).
You and your partner must have adequate accommodation and enough income or savings to support yourselves without relying on public funds. The minimum income requirement is £18,600 per year (higher if dependent children are also included).
You must meet the English language requirement, typically by passing an approved test or having a degree taught in English.
Once you have a Family Visa, you can stay in the UK with your partner for 30 months, after which you can extend it. After living in the UK for five years on a Family Visa, you may then be eligible to apply for ILR yourself, granting you the same permanent residency rights as your partner.
2. Children of an ILR Holder
If you have children who are dependent on you and you have ILR, they can also apply for a Family Visa. To be eligible, the child must generally be:
Under 18 years old (in some cases, children over 18 who are already in the UK as dependents may still qualify).
Not living an independent life (not married, in a civil partnership, or starting a family of their own).
Financially supported by you without the use of public funds.
If both parents are living in the UK and one or both have ILR, the child can apply to join or stay in the UK with you on this visa route. Children who were born in the UK but do not automatically gain citizenship can apply for registration as British citizens after they receive their ILR.
What Happens After Your Dependent’s Visa is Granted?
Once a Family Visa is granted to your dependent, they will have the right to live and work in the UK with you. As your dependent, they can apply to extend their stay as long as you remain eligible, and after five years, they too may apply for Indefinite Leave to Remain. The application process for dependents applying for ILR will generally be similar to the main applicant's, including:
Proving continuous residence in the UK.
Meeting the English language requirement.
Passing the Life in the UK test.
Once your dependent obtains ILR, they can live in the UK without further visa renewals and may eventually apply for British citizenship if they choose.
How Does the ILR Pathway Differ for Dependents Who Are Already in the UK?
If your partner or child is already in the UK on a visa as your dependent (for example, a Skilled Worker dependent visa), their transition to ILR will follow a slightly different route. Once you apply for ILR, they may remain on their current visa but will need to extend it until they’ve completed five years in the UK, at which point they can apply for ILR themselves.
In this case, it’s essential to ensure their visa doesn’t expire before they are eligible for ILR, as they would need to leave the UK and reapply to join you under the Family Visa route.
Considerations for Dependents When Applying for ILR
When planning for your dependents to join you in the UK or remain with you while you apply for ILR, there are a few key things to keep in mind:
Financial Requirements: Meeting the financial requirement for dependents, particularly when children are involved, can be challenging. Ensure you have enough income or savings to meet the requirements for each dependent.
Visa Expiry Dates: If your dependent’s visa is due to expire before they qualify for ILR, plan for an extension to avoid gaps in their residence status.
Documentation: Keep detailed records of your relationship with your partner and your role as a parent to your children. Evidence of shared bills, joint tenancy agreements, and photographs can help prove a genuine relationship.
English Language and Life in the UK: Ensure your partner or older children are prepared to meet the English language and Life in the UK test requirements when they apply for ILR.
Conclusion
While there isn't an ILR-specific dependent visa, family members of ILR holders have clear immigration routes to join or remain with their loved ones in the UK. By following the Family Visa pathway, your spouse or children can stay in the UK with you, and after five years, they may apply for ILR themselves.
Ensuring your dependents' applications are successful can involve navigating complex requirements, so working with an experienced immigration lawyer is always a good idea. They can guide you through the process, helping you keep your family together as you settle into life in the UK
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