You may apply for Indefinite Leave to Remain (ILR) as a Skilled Worker Dependent Partner up to 28 days before completing five years in the UK under a Skilled Worker or Tier 2 General Dependent visa. The ILR application must be submitted online via the SET (O) form, following the requirements outlined in Appendix Skilled Worker of the UK Immigration Rules. For a faster decision, applicants can opt for the Priority or Super Priority Service when applying for ILR as a Skilled Worker Dependent.

To be eligible, the primary Skilled Worker must have already obtained ILR or be applying for it simultaneously. A dependent partner or child seeking settlement in the UK must complete the online application using the designated form, “Settle in the UK in various immigration categories: form SET(O),” available on the official UK government website.

Aden & Co Solicitors, a leading UK immigration law firm, is renowned for its exceptional legal services, as reflected in its outstanding 5-star Google Reviews from 99% of satisfied clients.

Our expert team of immigration solicitors provides comprehensive legal advice and representation on a fixed-fee basis for ILR applications as a Skilled Worker Dependent. For free initial immigration advice, consult our skilled dependent visa solicitors online or schedule a detailed consultation to receive tailored legal guidance on your ILR application.

ILR Eligibility Criteria for Skilled Worker Dependants

Dependants of Skilled Worker migrants seeking Indefinite Leave to Remain (ILR) in the UK must fulfill the following conditions:

• Valid Application

The applicant must submit a properly completed ILR application from within the UK under the Skilled Worker Dependant route.

• Sponsor’s Immigration Status

The applicant must be the partner or child of a Skilled Worker who:

• Has submitted a valid ILR application under the Skilled Worker route, which is pending a decision; or
• Has been granted ILR or British citizenship, provided they previously held permission under the Skilled Worker route when applying for ILR. Additionally, the applicant must have had permission as the Skilled Worker’s dependant at that time, or in the case of a child applicant, they must have been born in the UK before the Skilled Worker parent obtained ILR.

• Qualifying Period

The applicant must have lawfully resided in the UK for a continuous period of five years as a dependant partner of a Skilled Worker.

• Continuous Residence Requirement

The applicant must satisfy the continuous residence conditions outlined in Appendix Continuous Residence during their qualifying period.

• Suitability Criteria

The applicant must not fall under any refusal grounds specified in Part 9 of the Immigration Rules.

• Relationship Requirement

The applicant must meet the relationship criteria set out in Appendix Skilled Worker of the UK Immigration Rules.

• Child Applicants – Age and Care Requirements

• If applying as a dependant child, the applicant must be under 18 at the time of application, unless they were last granted permission as a dependant child.
• Suitable arrangements for the child’s care and accommodation in the UK must be in place and must comply with relevant UK laws and regulations.

• English Language Requirement

Unless exempt, the applicant must demonstrate proficiency in English at a minimum of B1 level on the Common European Framework of Reference for Languages (CEFR) in speaking and listening. This requirement must be met as per Appendix English Language.

• Knowledge of Life in the UK Requirement

Applicants aged 18 or older must fulfill the Knowledge of Life in the UK (KoL) requirement as specified in Appendix KOL UK.

• Compliance with Immigration Laws

The applicant must not:

• Be in breach of UK immigration laws (except where paragraph 39E applies, in which case limited overstaying may be disregarded); or
• Be on immigration bail.

Relationship Requirements for ILR as a Dependent of a Skilled Worker

To qualify for Indefinite Leave to Remain (ILR) as a dependent of a Skilled Worker, the applicant must be either the partner or child of the sponsoring Skilled Worker under the following conditions:

• The sponsoring Skilled Worker is simultaneously being granted ILR under the Skilled Worker route.
• The sponsoring Skilled Worker is already settled in the UK, either by holding ILR or as a British citizen, provided they had previously obtained leave to enter or remain as a Skilled Worker at the time of applying for ILR. Additionally, the applicant must either:
  • Have been granted leave to enter or remain as the Skilled Worker’s dependent partner or child at that time.
  • Be applying as a child who was born in the UK before the sponsoring Skilled Worker received ILR.

Eligibility Criteria for Dependents

The applicant must meet one of the following conditions:

• They were last granted leave to enter or remain in the UK as a dependent partner or child of the sponsoring Skilled Worker.
• They were born in the UK and are applying as the child of the sponsoring Skilled Worker.

Relationship Requirements for ILR as a Partner

If applying as a partner, the relationship must align with the requirements specified in Appendix Skilled Worker of the Immigration Rules. Additionally, the applicant and the sponsoring Skilled Worker must have continuously met this relationship requirement for the five-year qualifying period leading up to the ILR application.

Relationship Requirements for ILR as a Child

If applying as a dependent child, the applicant’s other parent (who is not the Skilled Worker sponsor) must either:

• Be granted ILR simultaneously.
• Already be settled in the UK or a British citizen.

However, exemptions apply in the following cases:

• The sponsoring Skilled Worker is the applicant’s sole surviving parent.
• The sponsoring Skilled Worker has sole responsibility for the child’s upbringing.
• The decision-maker determines that there are serious and compelling reasons warranting the grant of ILR as a dependent child.

Age and Care Criteria for a Child’s Application

To qualify as a dependent child, the applicant must be under 18 years of age at the time of application, unless they were previously granted permission as the dependent child of their parent(s). If the child is 16 or older at the time of application, they must not be living independently.

For applicants under 18, adequate arrangements must be in place for their care and accommodation in the UK, ensuring full compliance with relevant UK laws and child welfare regulations.

Eligibility Period Requirement

The applicant must have lawfully resided in the UK for a continuous period of five years under a dependent partner visa, linked to a Skilled Worker sponsor.

Continuous Residence Criteria

The applicant must fulfill the continuous residence requirement as outlined in Appendix Continuous Residence for the specified qualifying period.

English Language Proficiency Requirement

Unless exempt, the applicant must demonstrate proficiency in English at a minimum of B1 level in speaking and listening, as per the Common European Framework of Reference for Languages (CEFR). The applicant must satisfy the English language requirement detailed in Appendix English Language.

Understanding the Knowledge of Life in the UK Requirement

Applicants aged 18 or above at the time of application must fulfill the Knowledge of Life in the UK requirement as stipulated in Appendix KOL UK. This criterion is essential for individuals seeking settlement in the UK.

Expedited ILR Processing for Skilled Worker Dependants

Aden & Co Solicitors offers a fast-track visa service to expedite decisions on Indefinite Leave to Remain (ILR) applications for Skilled Worker dependants. By utilizing the Priority or Super Priority Service, applicants can receive decisions significantly faster, avoiding prolonged waiting periods that can sometimes extend to months or even years.

Our expert immigration solicitors in London specialize in preparing and submitting ILR applications under Priority Service or Super Priority Service, ensuring a prompt resolution.

As a Home Office-registered immigration law firm, Aden & Co Solicitors works in collaboration with UK Visas & Immigration (UKVI) and its commercial partner, UKVCAS Sopra Steria, to facilitate priority processing. Applications submitted under Priority Service typically receive a decision within five working days, while Super Priority Service applications are processed within 24 hours (usually by the end of the next working day).

How We Can Assist You

At Aden & Co Solicitors, our team of experienced immigration solicitors provides expert legal advice and representation for your immigration application on a fixed fee basis. Our transparent pricing ensures that all legal work is covered until the UK Home Office (UKVI) reaches a decision on your case. Our comprehensive case handling includes:

Comprehensive Immigration Support

• Requirement Assessment: Our expert immigration solicitors will assess your case and advise you on the legal criteria your application must meet for a successful outcome.
• Document Guidance: You will receive a meticulously curated list of required supporting documents to strengthen your immigration application.
• Document Review & Compliance: We thoroughly examine your documents to ensure they align with UK immigration regulations and enhance your chances of approval.
• Application Form Completion: Our solicitors will accurately complete your immigration application form, minimizing errors and increasing efficiency.
• Priority & Super Priority Processing: Where eligible, we submit applications through Priority or Super Priority Services to expedite processing and secure a faster decision.
• Biometric Appointment Scheduling: Once your application is submitted, we will arrange an appointment for biometric enrollment at the designated application center.
• Detailed Legal Representation Letter: A professionally drafted cover letter outlining legal justifications and evidentiary support will be included with your application.
• Online Document Submission: All supporting documents will be uploaded online in compliance with Home Office requirements before your biometrics appointment.
• Continuous Case Follow-Up: We manage all follow-up communications with UKVI to ensure a smooth and timely resolution of your application.

One-Off Immigration Legal Services

In addition to full legal representation, Aden & Co Solicitors offers specialized one-off immigration services for individuals seeking professional legal assistance without committing to full case management. These tailored services provide the necessary support to navigate your UK visa or immigration application effectively.

Aden & Co Solicitors: Fixed Fees for Dependant Visa Applications

At Aden & Co Solicitors, we offer transparent and competitive fixed fees for dependant visa applications, ensuring professional legal assistance at every stage. Below is a breakdown of our pricing structure:

The exact fee within the given range will depend on the complexity of the case and the extent of legal work required. Please note that, in addition to our professional fees, applicants are responsible for paying the applicable Home Office UKVI charges.

FAQs – ILR for Skilled Worker Dependents