The Skilled Worker Dependant ILR (Indefinite Leave to Remain) allows family members of a main Skilled Worker visa holder to apply for permanent residence in the UK, provided specific requirements are met. Eligible dependants may include a spouse, civil partner, unmarried partner in a durable relationship, or children. Applicants must demonstrate continuous residence, relationship genuineness, English language ability, and compliance with all relevant UK immigration rules.

What requirements must the main Skilled Worker visa holder fulfil?

The main Skilled Worker visa holder must have a valid Certificate of Sponsorship (CoS) from a UK Home Office-approved sponsor, hold a job at RQF Level 6 (graduate level) or higher, and meet the minimum salary threshold. The main applicant must also demonstrate English language proficiency, a clean criminal record, and full adherence to their visa conditions. Any breach or failure to meet these conditions may result in the refusal of dependants’ applications.

Who qualifies as a Skilled Worker Dependant, and what are their requirements?

A dependant is defined as a spouse, civil partner, an unmarried partner who has cohabited with the main applicant for at least two years, and children under 18 or over 18 if previously granted leave as a dependant. Only immediate family members are eligible; parents and siblings are excluded. Each dependant must submit a separate application, pay the Immigration Health Surcharge (IHS) and application fees, and provide evidence that the family relationship is genuine and subsisting. Children must live with the family and not form independent households.

When can a Skilled Worker Dependant apply for ILR?

A dependant can apply for ILR after legally residing in the UK as a dependant for a continuous period of five years (60 months), provided they have not been absent from the UK for more than 180 days in any 12-month period during that qualifying period. The dependant can apply once the main Skilled Worker visa holder is granted ILR or British citizenship, or concurrently with the main applicant. Note that from July 2025, the eligibility to bring dependants is restricted for some occupations due to new government rules.

What requirements must a dependant partner meet to be granted ILR?

A dependant partner must show that the relationship with the main applicant is genuine and subsisting, prove five years of legal residence in the UK without excess absences (no more than 180 days outside the UK in any 12-month period), meet the English language requirement (CEFR B1 or above), and pass the Life in the UK test. The Home Office will also check for any criminal convictions or immigration breaches. Applications not meeting any requirement will be refused.

How can dependant children qualify for ILR?

A dependant child is eligible for ILR if they are under 18 at the date of application, or were previously granted leave as a dependant child, even if they are over 18. At least one parent must have ILR or apply for ILR at the same time. The child must not have formed an independent family unit or lived independently. Documentary evidence must show continued residence and family support.

How is the continuous residence requirement proven?

Continuous residence is proven through documents showing lawful residence in the UK for the last five years as a dependant, with no more than 180 days’ absence in any 12-month period. Acceptable evidence includes travel records, tenancy agreements, utility bills, and school attendance records for children.

Do dependants need to meet the English language and Life in the UK test requirements?

Yes, all adult dependants (partners and children aged 18 or above) must demonstrate English proficiency to at least CEFR Level B1 and provide a pass result for the Life in the UK test. Exemptions may be granted for age, disability, or medical reasons, but these are strictly limited.

What happens if a dependant does not meet the ILR requirements?

If a dependant fails to meet one or more ILR requirements (e.g. continuous residence, English language, relationship evidence), the application will be refused. The applicant may instead extend their dependant visa or switch to another route, if eligible. Breach of visa rules by the main applicant can also lead to the refusal of all dependant applications.

Can a Skilled Worker Dependant apply for British citizenship after obtaining ILR?

Yes, after holding ILR for at least 12 months, a dependant may be eligible to apply for British citizenship by naturalisation, subject to residence, good character, and English language criteria. Citizenship applications are decided separately for each family member.

If you require advice or assistance with a Skilled Worker Dependant visa extension or ILR application, please contact ARIS International Lawyers. We are always ready to help you. If you need assistance, call 020 3865 6219 or leave us a message.