ILR - dependants

The eligibility requirements for Points-Based System (PBS) Dependant visa holders who wish to apply for ILR are outlined below. This guidances relates to dependants of Global Talent and Skilled Worker visa holders.

Relationship with the person on whose visa you are a dependant (the 'main visa holder')

The main visa holder must be applying at the same time as you, or must already have ILR or have been granted British citizenship; and

You must already be in the UK on a Points-Based System Dependant visa; and

You are in a relationship with the main visa holder and you intend to continue to live together.

Children (under 18s)

Child applicants must hold a valid PBS dependant visa (of any length) or were born in the UK; and 

• Both parents already hold ILR; or
• Both parents are applying for ILR at the same time as the child; or
• One parent holds ILR and the other parent is applying for ILR at the same time as the child
• Unless:
  • they are the applicant’s sole surviving parent or have sole responsibility for the child’s upbringing; or
  • there are serious and compelling reasons to grant the application.

Children born in the UK before parents are granted ILR: once at least one parent has been granted ILR, you may apply for a child to be registered as a British citizen, they do not need ILR.

Children born in the UK after parents are granted ILR: if born after at least one parent has been granted ILR, your child is automatically a British citizen by birth.

Residence in the UK

Applications submitted on or after 29 July 2025: provided your most recent permission was granted in the UK, time with permission in the Crown Dependencies (the Isle of Man, Jersey and Guernsey), on a route equivalent to those in the UK, will count as lawful presence in the UK.

In all cases, PBS Dependant visa holders must accrue 5 years' residence in the UK before they can apply for ILR. You must live continuously and lawfully in the UK for this period. This is defined as you:

• having continuously held PBS Dependant and/or Family (spouse) visas in the UK; and
• not having overstayed beyond the expiry date of any of these visas.

You can combine time spent as a Dependant of a person on various types of visa, such as Skilled Worker, Global Talent, GAE (Temporary Work) or Student, and on Family (Spouse) visas.

Absences from the UK

Calculation

Absences from the UK are considered on a rolling basis, not per calendar year. You must not have been absent from the UK for more than 180 days in any 12 month period. When calculating absences, this includes all personal and business-related travel. You should only include whole days, not days when you travelled to/from the UK.

Exemptions

Any absences over 180 days in a rolling 12 month period will be waived by the Home Office if:

• you were accompanying the person of whom you are a Dependent (the main visa holder) and:
• the absences over 180 days were due to:
  • them undertaking "research activity" overseas; and/or
  • “travel disruption due to natural disaster, military conflict or pandemic”; and/or
  • them "assisting with a national or international humanitarian or environmental crisis overseas"; and/or
  • either of you having “compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or the life-threatening illness or death of a close family member”; and
• if they are a Skilled Worker or GAE visa holder, the SOC code on their most recent Certificate of Sponsorship is 2111, 2112, 2113, 2114, 2115, 2119, 2161, 2162 or 2311.

If your absences from the UK amounted to 180 days or less in any 12 month period, you do not need to consider requesting a waiver.

Dependant children are not subject to limits on absences. 

Income

You and the main visa holder must be able to demonstrate that you have sufficient combined income to support yourselves and any children without needing public funds.

Life in the UK

Anyone between the ages of 18 and 65 must pass the Life in the UK test before they apply for ILR. The test has no expiry date and can be taken at any time before you apply for ILR.

English language requirement

If you (and/or your child(ren)) are between the ages of 18 and 65, you must must demonstrate you have speaking and listening skills at the equivalent of level B1 of the Common European Framework of References for English language. The requirement is very strict and you must meet it in one of the following ways:

1) Being a national of a majority English speaking country

You will automatically meet the English language requirement if you are a citizen of one of the following countries:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• A British Overseas Territory
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• United States of America

2) Passing an English language test

You may show that you meet the required level of English by passing a Secure English Language Test (SELT) from an approved provider. The test must assess your speaking and listening abilities (2-facet test) - reading and writing are not required for ILR purposes - and you must pass at level B1 or above (A1 is the lowest pass mark, C2 is the highest). You should normally have passed the test in the 2 years before you apply for your visa, though there are exceptions.

3) Holding an academic degree in any discipline

If you have a Batchelors, Masters or Doctorate (PhD) qualification which was taught or researched wholly in English, you may be able to use this to prove your knowledge of English. How you can do so depends on where it was awarded:

• Awarded by an institution in the UK: you may use your certificate, a transcript or an official letter from the awarding institution.
• Awarded by an overseas institution: you must use the Ecctis English Proficiency and Qualification Comparison service to verify the degree was taught in English and is equivalent at least a UK bachelors degree.

If your qualification was not taught or researched wholly in English, you will need to prove your knowledge of English in another of the ways listed.

4) Having previously held a Tier 2 or Skilled Worker Visa

You have already proved your knowledge of English when apply for the Tier 2/Skilled Worker visa (note: not a Tier 2/Skilled Worker Dependant visa).

The English language requirement cannot be met in any other way.

When can I apply?

You must have held PBS Dependant visas for a continuous period of five years (see Residence in the UK and Absences from the UK above) which starts from the date the very first qualifying visa was issued, not the date you entered the UK for the first time. You can apply for ILR up to 28 days before you reach the end of the five year qualifying period. For example, if your very first Dependant visa was issued on 1 July 2021, you could submit an application for ILR at any time on or after 3 June 2026. You must not apply more than 28 days before you reach the 5 year qualifying period, or your application may be refused. 

Important: once you have applied for ILR, you must not leave the Common Travel Area (the UK, Ireland, Jersey, Guernsey and the Isle of Man) until you receive a decision on your application. If you do, the Home Office will consider your application withdrawn, which may result in you having no right to re-enter/live in the UK.

How do I apply?

You can only apply online, using immigration form SET(O).

How much does it cost?

Please see gov.uk for the current cost of an ILR application (“Other applications in the UK” > “Indefinite leave to remain – main applicants and dependants”).

There are two service level options:

1. Standard, where the application can take up to 6 months to be decided. However, in practice, it rarely takes more than 2-3 months for a decision.
2. Priority, where a decision can be received within 5 working days of attending an appointment at a UK Visas and immigration service and support centre to submit your biometric information and supporting paperwork. Please see gov.uk for the current cost of the Priority service (“Optional premium services within the UK” > “Expedited processing – Priority service”). Note: if you are required to use the Home Office 'UK Immigration: ID Check' app to submit your biometrics and supporting documents, you will not be eligible for the Priority service.

What documents do I need?

• Your current, valid passport

• Any previous passports you still have (if you no longer have them, this will not be an issue)

• Your current Biometric Residence Permit (BRP) if you have one

• Your marriage certificate or evidence of civil partnership relationship if you are an unmarried partner (for example joint bank account statement, joint bills/mortgage/rent)

• Your most recent bank statement at the time you make the application

• Evidence of meeting the English language requirement – your UK degree certificate, or overseas degree certificate and UK Ecctis certificate, or English language test certificate

• For child applicants:
  • A birth certificate
  • Admission letter from school

What will I get?

The Home Office has discontinued production of Biometric Residence Permits (BRPs), so your permission will be granted as an eVisa which you will be able to access online.  

Further guidance/reading

Indefinite Leave to Remain: Calculating continuous period in UK   
Knowledge of Life and Language in the UK 
Dependent family members in work routes