Settling in the UK on a Dependant Visa
Dependant Visas have been in the news for the wrong reasons recently with the government criticising the number of Dependant Visa applications made with Student Visas, Health and Care Worker Visas and Skilled Worker Visa main applicants. The Dependant Visa immigration rules have already changed for family members of international students and they are due to change for the families of some Health and Care Worker Visa applicants.
In this blog, our Immigration Solicitors look at whether family members can settle in the UK if they enter the UK on a Dependant Visa.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
What does settlement in the UK mean?
From an Immigration Solicitor’s perspective, you are settled in the UK if you are no longer subject to immigration controls and you don’t have to keep applying to renew your Dependant Visa.
You settle in the UK by applying for indefinite leave to remain. Once you have indefinite leave to remain or ILR status you are classed as ‘’settled’’ even though you are not a British citizen. If you choose to do so you can go on to make a later application for British citizenship. Normally you need to have held indefinite leave to remain status for 12 months before you can apply to become a British citizen.
Can you settle in the UK if you are on a Dependant Visa?
The rules on settling in the UK if you are on a Dependant Visa depend on the type of visa the main visa applicant held when you accompanied or joined the main visa holder.
Alternatively, you may have joined a British citizen in the UK through entry to the UK on a Family Visa or Spouse Visa and be able to apply for ILR once you meet the residence requirement. That is subject to you and your sponsoring partner meeting the ILR eligibility criteria.
Indefinite Leave to Remain Solicitors will want to advise you on your Dependant Visa to settlement options once they have all the information they need about your visa and family circumstances.
Not all Dependant Visas lead to settlement in the UK because not all main visa holders are eligible to apply to settle in the UK. If settlement is a priority, it is best to have a detailed discussion with specialist Immigration Solicitors to explore all the main visa and Dependant Visa options as whilst some visas will not lead to settlement others offer an accelerated settlement.
Visas that lead to settlement for main visa holders and their dependants
Many different visa routes can lead to indefinite leave to remain if you are either a main visa applicant or their dependant in the UK on a Dependant Visa.
The most popular route to settlement is entry on the Skilled Worker Visa or as the dependant of a Skilled Worker Visa holder. The Health and Care Worker Visa forms part of this route but in the future carers and senior carers will not be able to bring family members with them on Dependant Visas. However, if you are already in the UK on a Dependant Visa, and the main visa holder is on a Health and Care Worker Visa as a carer or senior carer, you should be able to apply for indefinite leave to remain once you meet the ILR eligibility criteria.
Other visas that can lead to settlement for the main visa applicant and their family on Dependant Visas include the Innovator Founder Visa or the Scale-up Visa.
If you are uncertain if your main visa applicant’s visa can lead to settlement it is best to speak to Immigration Solicitors so you understand your options. For example, the main visa holder may be able to switch to a visa route that allows you both to apply to settle in the UK once you both meet the ILR eligibility criteria.
The timing of applying for ILR if you are in the UK on a Dependant Visa
As you are in the UK on a Dependant Visa you can only apply for indefinite leave to remain at the same time as the main visa holder or after them. Most Dependant Visa holders apply for ILR at the same time as the main visa holder and that is something Immigration Solicitors recommend unless there is an issue with eligibility criteria.
Eligibility criteria for ILR if you are in the UK on a Dependant Visa
If you are in the UK on a Dependant Visa you will need to meet the eligibility criteria for ILR based on the main visa holder’s status. In other words, if you are a family member of a person in the UK on a Skilled Worker Visa you will need to meet the ILR criteria for dependent partners of skilled workers and not the criteria of a partner in the UK on a Spouse Visa.
Applying for ILR as the dependant of a skilled worker
The first question an Immigration Solicitor will ask is the status of the main visa holder unless you are all applying as a family for indefinite leave to remain. That is because if you make an individual inquiry, you can only proceed with your ILR application if the Skilled Worker Visa holder has applied to settle in the UK and their application hasn’t been decided by the Home Office or if the Skilled Worker Visa holder has already settled and secured ILR.
Indefinite Leave to Remain Lawyers will also want to check that you meet the general suitability requirements before your ILR application is submitted. Part 9 of the immigration rules sets out why applications are refused on general grounds. For example, some types of criminal conviction or if you had breached immigration rules during your stay, may mean that your application for ILR would not be successful.
The ILR eligibility requirements for an ILR application by a Dependant Visa holder where the main applicant is a Skilled Worker Visa holder are:
- You must still be in a genuine and subsisting relationship with your partner (the Skilled Worker Visa holder applying for ILR with you or who already has ILR)
- You must meet the continuous residence requirement of 5 years. If you have spent extended periods outside the UK, you may not meet the residence requirement but ILR Lawyers can advise you on whether your time spent outside the UK disqualifies you from applying or if there are exceptional circumstances
- You must meet the English language requirement by either sitting an English language test or being exempt from doing so because you are from an English-speaking country (the Home Office keeps a list of applicable countries) or because of your academic qualifications (there is another Home Office list) or your age (under 18s and over 65’s are exempt) or if you are exempt because of a medical condition (evidence of the condition and its effect on your ability to sit the test is necessary)
- You must pass the knowledge of life in the UK test unless you are exempt from doing so because of your age or medical condition
There are separate ILR criteria for dependent children who are applying for indefinite leave to remain at the same time or after a Skilled Worker Visa holder has made their ILR application. For example, they don’t need to sit the English language test or meet the rules on absences from the UK during their 5 years of residence in the UK before their ILR application.
ILR Lawyers
At OTS Solicitors our immigration experts specialise in UK settlement and can answer all your questions on indefinite leave to remain or British citizenship applications and will support you through the application process however complicated your circumstances.
If you are concerned about how changes in the UK immigration rules may affect your indefinite leave to remain application it is best to speak to the experts so you know when you can make your settlement application.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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