Indefinite leave to remain if you have family in the UK
Apply as a partner (dependant on a work visa)
You may be able to apply for indefinite leave to remain if both:
- you’re a dependant on your partner’s work visa
- your partner is settled or applying to settle in the UK
If your partner is already settled
You can apply for indefinite leave to remain as a dependant on your partner’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’).
You must have had permission to be in the UK as a dependant on their work visa when they settled.
If your partner is applying to settle
You can apply at the same time as your partner if both:
- you’re a dependant on your partner’s work visa
- your partner is applying to settle in the UK using their work visa
Other ways to apply
There’s a different way to stay in the UK if:
- you have a family visa as a partner or spouse
- your partner has settled status under the EU Settlement Scheme
- your partner has an innovator founder visa
- your partner has died
- your relationship ended because of domestic violence
Eligibility
Your eligibility depends on the visa your partner had, your relationship with your partner, how long you’ve been in the UK and whether you meet the financial requirements.
Your partner’s last work visa
Your partner’s last work visa must be one of the following:
- Skilled Worker or Tier 2 (General)
- Scale-up Worker
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- Tier 1 (Exceptional Talent)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- UK Ancestry
- Global Talent
- Representative of an Overseas Business
- Domestic Worker in a Private Household, if they came to the UK before 6 April 2012
Time you’ve spent in the UK
How long you need to have been in the UK depends on your visa.
You can only use time you’ve been in the UK as a dependant on your partner’s visa towards your continuous residence.
| Your current visa | Time in the UK |
|---|---|
| A dependant on a UK Ancestry or Representative of an Overseas Business visa | No requirements |
| A dependant on any other type of work visa | At least 5 years living with your partner |
You must have spent no more than 180 days outside the UK in any 12 month period, if you’re applying as a dependant on your partner’s:
- Skilled Worker visa
- Scale-up Worker visa
- Sportsperson visa
- Minister of Religion visa
- Tier 1 visa
- Tier 5 visa
- Global Talent visa
If you were given permission to enter or stay in the UK before 11 January 2018, any time you spent outside the UK while you had this permission will not count towards the 180 day period if you’re applying as a dependant on your partner’s:
- Skilled Worker visa
- T2 Minister of Religion or Tier 2 (Minister of Religion)
- Tier 1 visa
- Global Talent visa
- Start-up visa
- Innovator Founder visa
Example
You first had permission to enter the UK from 1 June 2017 to 31 May 2020. You were then granted an extension from 10 November 2019 to 31 May 2022. Any absences you took before 10 November 2019 will not count towards the 180 day period.
If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).
If you’re applying on any other visa, it does not matter how many days you’ve spent outside the UK. You must not be on a visitor visa or a short-term study visa.
Your relationship
You must be in a genuine relationship with your partner and intend to continue your relationship after you apply.
You’ll need to prove that either:
- you’re married or in a civil partnership
- you’ve been living together in a relationship for 2 years
You must also either:
- be living together when you apply - if your partner had a Skilled Worker, Scale-up Worker, Sportsperson, Minister of Religion, Tier 1, Tier 5 or Global Talent visa
- intend to live together - if your partner had any other type of work visa
Financial requirements
You must both:
- have enough income to support yourselves and your dependants
- not be using public funds
How to apply
You’ll be told which documents you need to provide when you apply. You might need to show that, for example:
- you meet the English language requirements and have passed the Life in the UK Test
- your relationship is genuine and you’ve lived in the UK long enough for the visa you have
You may be able to add your children to your application if they are eligible. If the application form does not prompt you to add them, they can apply separately and then ‘link’ their application to yours.
Apply online
You must apply online.
The earliest you can apply is 28 days before you’ve lived in the UK long enough. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.
Once you’ve started your application, you can save your form and complete it later.
Get help to apply online
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You can only use this service if you’re applying in the UK.
You cannot get immigration advice through this service.
Applying for your children
You may be able to add your children to your application if they are eligible. If the application form does not prompt you to add them, they can apply separately and then ‘link’ their application to yours.
Your child must have an eligible visa. Which visa they need depends on the visa your partner settled on.
| The visa your partner settled on | What visa your child must have |
|---|---|
| UK Ancestry visa | Any visa - except a visitor visa, Short-term study visa, Parent of a Child Student visa, Seasonal Worker visa, or a Domestic Worker in a Private Household visa |
| Any other work visa | As a dependant on one of these visas (does not need to be as a dependant of your partner) |
If your child is over 18, they must have got an eligible visa before they turned 18.
The following must also all be true:
- your child will live with you and be supported by you without using public funds
- your child is not married, in a civil partnership or living an independent life (for example they’ve not left home or had children)
- your child is not working full time
You need to provide extra documents if your child is over 16. If they’re over 18, they also need to meet some additional requirements.
Extra documents for children over 16
You will be asked to prove:
- where they live - if they do not live with you, you’ll need to explain why
- any rent or upkeep they pay you each month
- that you support them financially if they do not live with you
You can use any of the following as proof:
- a bank statement
- a credit card bill
- a driving licence
- a NHS registration document
- a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation
The documents you provide cannot be more than a month old on the date you make your application.
If your child lives away from home, you’ll need to provide:
- bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)
- confirmation from their university or college on headed paper and issued by an authorised official (if they’re studying)
Children 18 and over
They’ll also need to:
- pass the Life in the UK Test
- meet the English language requirements
Your child can also apply for indefinite leave to remain separately.