If your partner or parent is in the UK on one of a limited number of work or business routes and you have permission as their dependant, you may be eligible to settle in the UK, also known as obtaining indefinite leave to remain (ILR).

The requirements are not the same for partners and children. Most dependant partners must complete a five-year qualifying period, whereas dependant children generally do not. There are also important exceptions for dependants on the UK Ancestry and Representative of an Overseas Business routes.

1. Which Work and Business Routes Allow Dependant Settlement?

• Skilled Worker
• T2 Minister of Religion
• International Sportsperson
• Representative of an Overseas Business
• UK Ancestry
• Global Talent
• Innovator Founder
• Scale-up

This post covers these routes generally. We have published separate guidance on applying for ILR as a dependant of a Skilled Worker.

2. Who Is a Permitted Dependant?

A permitted dependant may be:

• a spouse;
• a civil partner;
• an unmarried partner who has been in a durable relationship of at least two years before the date of application; or
• a dependent child who is under 18, or who is aged 18 or over and was last granted permission as the dependent child of their parent or parents.

An unmarried partner is not subject to a general requirement to have lived with the lead applicant for the whole two-year period. The relationship must nevertheless be genuine and subsisting, and appropriate evidence will be required.

A child aged 18 or over must continue to satisfy the previous-permission requirement and must not be leading an independent life. Parents, grandparents and other relatives cannot apply as dependants under these work and business routes.

For a child settlement application, Appendix Children generally requires the child’s other parent to be settling at the same time, already settled or British. Exceptions apply where the relevant parent is the child’s sole surviving parent, has sole responsibility for the child’s upbringing, or there are serious and compelling reasons to grant settlement.

3. When Can a Dependant Apply for ILR?

The lead applicant must normally be being granted settlement at the same time, have previously been granted settlement while holding permission on the relevant route, or have become a British citizen after holding the relevant route status. The route rules also preserve eligibility in certain cases where the lead applicant became British while holding relevant route permission.

A dependant may therefore apply at the same time as the lead applicant, after the lead applicant has made a valid settlement application, or after the lead applicant has settled or become British in the circumstances permitted by the route. A dependant cannot ordinarily apply before the lead applicant has made the relevant settlement application.

4. The Five-Year Qualifying Period for Dependant Partners

A dependant partner on the following routes must usually complete a five-year qualifying period before applying for settlement:

• Global Talent
• Innovator Founder
• T2 Minister of Religion
• International Sportsperson
• Scale-up
• Skilled Worker

This is a qualifying period of permission as the lead applicant’s partner; it is not simply a requirement that the relationship has existed for five years. The applicant’s complete permission history should be checked because the Rules permit specified combinations of partner leave to count.

For dependants of Skilled Workers and Scale-up Workers, the relevant relationship requirements must also have been met throughout the five years ending on the date of application.

A lead applicant’s accelerated route to settlement does not generally shorten the five-year qualifying period for their partner. The exceptions for UK Ancestry and Representative of an Overseas Business dependants are explained below.

Continuous Residence for Dependant Partners

A partner who is required to complete a five-year qualifying period must also satisfy Appendix Continuous Residence. As a general rule, the applicant must not have spent more than 180 days outside the UK in any 12-month period, subject to the specific exceptions in that Appendix. Special treatment may apply to some absences while accompanying the lead applicant and to periods of permission granted before 11 January 2018.

5. General ILR Requirements for Dependants

The precise requirements depend on the route and whether the applicant is a partner or child. The application must be valid, made from within the UK and satisfy Part Suitability. The lead applicant status requirement and the route-specific previous-permission requirements must also be met.

Requirements for Partners

• The applicant and lead applicant must be aged 18 or over, must not be prohibited from marrying or entering a civil partnership with each other, and any previous relationship must have permanently broken down.
• A marriage or civil partnership must be valid, or an unmarried partnership must have been similar to a marriage or civil partnership for at least two years.
• The couple must have met in person and the relationship must be genuine and subsisting.
• The applicant must satisfy any applicable five-year permission and continuous residence requirements.
• Unless exempt, an applicant aged 18 to 64 must satisfy the English language requirement and pass the Life in the UK test.

For applications made before 26 March 2027, the route English language requirement is generally speaking and listening at level B1. For applications made on or after 26 March 2027, it is generally level B2. The accepted ways of meeting the English language requirement and the available exemptions are set out in Appendix English Language and the individual route.

Requirements for Children

• Unless the child was born in the UK before the lead applicant settled, the child must normally have been granted permission as the lead applicant’s dependant child. Route-specific rules determine whether permission on another route can be accepted.
• A child who is aged 18 or over must satisfy the previous-permission rule and must not be leading an independent life.
• Suitable care and accommodation arrangements must be in place for a child under 18.
• The other-parent settlement requirement in Appendix Children must be met, unless an exception applies.
• A dependant child is not subject to a five-year qualifying period or a limit on absences for settlement under these routes.
• If aged 18 to 64 (note that you can be over 18 applying as a child) must satisfy the English language and Life in the UK requirements unless exempt.

6. Exception for Dependants on the UK Ancestry Route

A dependant on the UK Ancestry route does not have to complete a specific qualifying period. They may apply once the person with UK Ancestry is being granted settlement, has settled on the route or has become British in the circumstances permitted by the Rules.

The dependant may switch into settlement on this route only if the switching requirements are met. A person who has, or was last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules cannot switch. A Student is also subject to course-completion requirements, including the separate rule for a PhD course.

The dependant must also meet the applicable maintenance and accommodation, relationship or child, English language and Life in the UK requirements, where applicable.

7. Exception for Dependants on the Representative of an Overseas Business Route

A dependant on the Representative of an Overseas Business route does not have to complete a specified qualifying period or meet Appendix Continuous Residence before settlement. The lead applicant must nevertheless satisfy the relevant settlement or British citizenship condition, and the dependant must meet the route-specific previous-permission and switching requirements.

The dependant must also meet the applicable maintenance and accommodation, relationship or child, English language and Life in the UK requirements.

8. Contact Our Immigration Barristers

For expert advice and assistance with an application for indefinite leave to remain as a dependant on a work or business route, contact our immigration barristers on 0203 617 9173 or complete our enquiry form.

9. Frequently Asked Questions: Applying for ILR as a Dependant on Business Routes

Can a dependant apply for ILR before the lead applicant?

No. A dependant may usually apply at the same time as the lead applicant, once the lead applicant has made a valid settlement application, or after the lead applicant has settled or become British in the circumstances allowed by the route.

Does accelerated settlement for the lead applicant shorten a partner's qualifying period?

Usually not. A partner on the Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Scale-up or Skilled Worker route normally still needs five years as a dependant partner.

Must an unmarried partner have lived with the lead applicant for two years?

No fixed two-year cohabitation period is required. The applicant must have been in a durable relationship of at least two years, and the relationship must be genuine and subsisting.

Does a dependant child need five years of residence before settlement?

No. A dependant child is not subject to a five-year qualifying period on these routes, although the child must meet the age, previous-permission, independent-life and both-parent requirements where applicable.

How many absences can a dependant partner have?

A partner subject to Appendix Continuous Residence must generally have no more than 180 days outside the UK in any 12-month period, subject to the exceptions in that Appendix.

Do adult dependant children need English and Life in the UK?

Usually yes. A dependant child aged 18 to 64 must normally meet the route English language requirement and pass the Life in the UK test unless an exemption applies.

What changes on 26 March 2027?

For applications made on or after 26 March 2027, the settlement English language threshold on these routes generally rises from B1 to B2 in speaking and listening, unless an exemption applies.