Indefinite leave to remain (permission to stay as a refugee, humanitarian protection, discretionary or section 67 leave)

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Family applying as dependants

Your family members can apply for indefinite leave to remain as your ‘dependants’ if they’re eligible.

To include your dependants in your application, you must have either:

  • protection status (permission to stay as a refugee or person with humanitarian protection)
  • discretionary leave

If you have section 67 leave, you can only include your child in your application. 

Your dependants

A ‘dependant’ is any of the following:

  • your partner (husband, wife, civil partner or the person you’ve been in a genuine relationship with for 2 years before applying to settle)
  • your child under 18
  • your child aged 18 or over - if they were living in the UK as your dependant before they turned 18

Your partner or child must:  

  • have been part of your family before you left your country
  • already be in the UK

They must also have been given permission to be in the UK with you, either:

  • as your dependant, at the same time that you were granted protection status or discretionary leave
  • using the family reunion route

If you’ve had a child since you’ve come to the UK, they’re also eligible to apply.

Other relatives who can apply

Other relatives who can apply are:

  • an adult relative you care for who has permission to stay with you
  • a child who’s a close relative but not your child who has permission to stay with you

They’ll need to apply separately. You cannot include them as dependants in your application.

How much it costs

If you have protection status or section 67 leave, there’s no fee for you or anyone included in your application.

If you have discretionary leave, it will cost £2,885 for each person included in your application. 

What you’ll need to provide

You’ll need to provide evidence of your relationship with your family members - check the form when you apply.

If you care for an adult relative

Your adult dependent relative can apply for indefinite leave to remain if all of the following are true:

They must apply separately - you cannot include them in your application.

Make your applications at the same time. Your adult dependent relative’s visa will expire if you’re granted indefinite leave to remain.

Find out how to apply for indefinite leave to remain as an adult dependent relative.  

If you care for a child who’s a close relative but not your child 

Your child relative can apply for settlement to stay with you if all of the following are true:

  • they’ve already been given permission to join or stay with you as their close relative
  • they’re already living with you in the UK
  • they’re not leading an independent life (for example, they must not be married or have moved into their own home)
  • you have protection status and are applying for settlement or are already settled permanently in the UK

How much it costs

They’ll need to pay an application fee of £2,885.

What they’ll need to provide

They’ll need to provide documents or other evidence to prove:

  • their identity
  • their immigration status
  • their address

If they’re 18 or over they may also need to:

They’ll also need to provide details about you, including: 

  • your name
  • your address 
  • your date of birth
  • your nationality
  • your immigration status - including if you are settled

How to apply

Your child relative must apply separately for settlement to stay with you - you cannot include them in your application.

If your family members are not in the UK

They may be able to join you another way. For example, they may be eligible to:

When your family members in the UK cannot apply  

Your family members cannot apply for indefinite leave to remain as your dependants if they:  

  • already have permission to be in the UK in another category  
  • are currently in the UK without permission

They may be able to apply for indefinite leave to remain some other way.