Family members of Points Based System (PBS) visa holders (such as Tier 2 and Tier 1 ET/ EP) can be included in the same ILR application if they meet the eligibility criteria.
The same ILR and Super Priority fees are charged for each person, whether main applicant or dependant.
As mentioned above, all applicants over 18 years old when applying for ILR must meet the English language requirements and have passed the ‘Life in the UK’ test.
Specific eligibility criteria for partners are that they:
The new rule for Global Talent/ Tier 1 Exceptional and Tier 2 visa holders who work in research and lecturer roles, under which periods of research outside the UK are no longer counted against the limit on absences, also applies to partners who hold Dependant visas and have accompanied them during these periods.
Some partners may not have lived in the UK under a Dependant visa for five years, and will not yet be eligible to apply when the main applicant is applying for ILR. They may, for example, have arrived in the UK later than the main applicant, or held a different visa and only recently switched to a Dependant visa.
Once the main applicant has been granted ILR, however, it is possible for a partner to continue under, and extend, their Dependant visa to get to the point they can apply for ILR. As both parents must have settled for children to be eligible, if a partner cannot apply for ILR until later any children will also have to wait and apply with them.
Please note that a Dependant visa holder seeking to extend their Dependant visa after the main applicant has been granted ILR (under the standard 5 year route) can only apply for, and be granted, a three year extension.
If they need a longer extension of their Dependant visa than three years to reach the point they can apply for ILR they will need to apply for another extension later. If they do not need as long as three years to reach the point they can apply for ILR they unfortunately will still have to apply, and pay, for three years.
A partner who does not hold a Dependant visa before the main applicant is granted ILR, or whose partner has been granted ILR under the 10 year 'Long residence' route (rather than the standard 5 year route), will have to apply as the spouse/partner of a settled person. They would then have to spend five years under that visa route to be able to apply for ILR.
Specific eligibility criteria for children under 18 years old are that they:
As both parents must have settled for children to be eligible, if a partner cannot apply until later any children will also have to wait and apply with them.
Children over 16 years old when applying must also provide documents showing that they are:
Children over 18 years old when applying cannot be included in the main applicant’s ILR application and must instead submit their own application, based on five years in the UK on Dependant visas. They must also meet the English language requirements and have passed the ‘Life in the UK’ test.
Back to top
When one or both parents of a child born in the UK are granted ILR, an application can be submitted to the Home Office to Register the child as a British citizen without the child needing to have been granted ILR. Once the application is granted, an application can be made for a British passport for the child.
Children born in the UK after one or both parents have been granted ILR are automatically British by birth, and an application can be made for a British passport for the child.
As some countries do not permit their citizens to hold dual nationality if a child becomes British they may lose their own citizenship. SIT recommends that applicants check with their own embassy or consulate whether their country permits dual nationality, and consider this issue before applying.
Medical Sciences / Humanities / GLAM / UAS / Continuing Education / Colleges
Angelina Pelova Tel: 01865 289904 Email: firstname.lastname@example.org
James Galloway Tel: 01865 289927 Email: email@example.com
MPLS / Social Sciences
Nina Song Tel: 01865 289926 Email: firstname.lastname@example.org
Solveig Alsaker Tel: 01865 289912 Email: email@example.com