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Skilled Worker Dependent Visa Application Guide

Skilled Worker Dependent Visa Application Guide

By Amelja Halaj - Legal Associate

The UK Skilled Worker visa allows skilled professionals with a job offer in an eligible role from a licensed UK sponsor to live and work in the UK.

This guide explains how Skilled Worker visa holders can bring their family members to the UK as Skilled Worker dependants and outlines the requirements they must meet.

1. Who Qualifies as a Dependant of a Skilled Worker?

To qualify as a dependent of a skilled worker, you must be the spouse, partner or child of someone applying for or already holding a Skilled Worker visa. You must apply at the same time as the main applicant or later as their dependent. 

A dependent partner or child is any of the following: 

  • Your husband, wife, civil partner or unmarried partner
  • Your child under 18 – including if they were born in the UK during your stay

2. Eligibility Requirements for Dependant Partners

Your partner must be 18 or over, and your relationship must meet one of the following requirements: 

  • You are married or in a UK recognised civil partnership
  • You have lived together in a relationship for at least 2 years before applying
  • You have been in a relationship for at least 2 years but have not been able to live together due to work, study or cultural reasons. 

If you do not live together, you will need to show an ongoing commitment to each other, for instance, by providing evidence that you:

  • Communicate regularly 
  • Support each other financially
  • Care for any children you have together 
  • Spend time together as a couple, for example on holiday or at events

You must show that you are in a genuine and subsisting relationship with each other and that you intend to live together during the Skilled Worker’s stay in the UK.

If the genuineness of your relationship is doubted, you may be asked to attend an interview.

3. Eligibility Requirements for Dependant Children

Children must:

  • Be under 18 at the time of their first application 
  • If your child is over 16, they must not be living independently (e.g., married or financially self-sufficient)

If the child is over the age of 18 at the age that they are eligible for an extension of the visa, this will not impact their chance of being granted. 

The child’s other parent must be applying at the same time or already have permission to remain in the UK on a route other than as a Visitor. The only exceptions to this are if:

  • The Skilled Worker is the only surviving parent; or
  • The other parent is British citizen or has Indefinite Leave to remain and is resident in the UK;
  • The Skilled Worker has sole responsibility for the child; or
  • There are serious and compelling reasons in favour of granting the child permission.

Sole responsibility is a very high threshold to meet. Please see our article Understanding Sole Responsibility in Immigration Law for more information.

You must also show that there are suitable care and accommodation arrangements for the child in the UK that meets the relevant UK legislation and regulations.

4. Financial Requirement for Skilled Worker Dependants

Unless you are applying for permission to stay and have been living in the UK with permission for 12 months or longer by the date of application, you will need to meet the maintenance requirements.

You must show that for at least 28 days (ending within 31 days of the application) you have held funds of:

  • £285 for a dependent partner; and
  • £315 for the first dependent child; and
  • £200 for any other dependent child.

If the Skilled Worker is applying at the same time as the dependent applicant(s), this amount is in addition to the £1,270 maintenance funds they must demonstrate to show they can support themself.

The funds must be held in bank account(s) belonging to either the Skilled Worker and/or the dependent applicant(s). Alternatively, this requirement can be met if the Skilled Worker’s sponsor certifies that they will maintain and accommodate the dependents up to the end of their first month of permission.

5. Criminal Record Checks for Dependant Partners

If the Skilled Worker is sponsored for a job listed in paragraph SW 16.1 of Appendix Skilled Worker, the dependent partner must provide a criminal record check from any country they have been present in since the age of 18 for 12 months or more (whether continuously or in total) in the 10 years before the application. The only exception to this is where the dependent partner can give a satisfactory explanation of why they are unable to obtain a criminal record certificate from the country.

Paragraph SW16.1 covers a wide variety of jobs including medical practitioners, pharmacists, dentists, nurses, social workers, teachers, fitness instructors and human resources officers. These occupation codes also cover related roles; the list of eligible occupations and codes provides a more detailed breakdown.

6. Can Skilled Worker Dependants Apply from Inside the UK?

You may apply from inside the UK if on the date of application you hold a valid visa for any route other than:

  • Visitor; 
  • Short-term student; 
  • Parent of a Child Student; 
  • Seasonal Worker; 
  • Domestic Worker in a Private Household; 
  • Outside the Immigration Rules.

7. Application Fees for Skilled Worker Dependant Visas

The application fee depends on how long you apply to stay in the UK, and whether you apply from within or outside of the UK.

Applications outside the UK (per applicant):

  • Up to 3 years = £769 
  • Over 3 years = £1,519 

Applications inside the UK (per applicant):

  • Up to 3 years = £885 
  • Over 3 years = £1,751 

However, if the Skilled Worker’s job is a shortage occupation, the fees reduce to £590 for up to 3 years, and £1,160 for over 3 years.

You will also have to pay the Immigration Health Surcharge. This will allow you to access the NHS during your time in the UK and usually costs £1,035 per year.

8. Processing Times for Skilled Worker Dependant Visa Applications

The www.gov.uk website currently states that the average decision time for applications from outside of the UK is 3 weeks from the date of providing biometric information, whilst applications from inside the UK take up to 8 weeks.

9. Settlement Eligibility for Dependants of Skilled Workers

Dependants of Skilled Workers are eligible to apply for settlement after they complete 5 years of continuous residence in the UK on this route. However, at the point of application for settlement, the Skilled Worker must also:

  • Be applying and granted settlement at the same time as the dependant;
  • Have been granted settlement in the UK while holding permission as a Skilled Worker;
  • Have been granted settlement in the UK while holding permission as a Skilled Worker and now become a British citizen.

Dependants aged between 18 to 65 will also need to meet the English Language and Life in the UK requirements. See our article Settlement as a Skilled Worker / Tier 2 Dependant for more information on settlement as a Skilled Worker Dependent.

10. Contact Our Immigration Barristers

For expert advice and assistance in relation to an application as the dependent of a Skilled Worker please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.

SEE HOW OUR IMMIGRATION BARRISTERS CAN HELP YOU

To arrange an initial consultation meeting, call our immigration barristers on 0203 617 9173 or fill out the form below.

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