For skilled workers in the UK, questions about the immigration status of their dependents often arise, especially when the dependents join the principal applicant at a later date. A common concern is: What happens to my dependents’ immigration status if I obtain Indefinite Leave to Remain (ILR) before they do?
Dependents and Skilled Worker Visas: The Timeline Difference
When dependents join a skilled worker visa holder in the UK at a later date, their eligibility timeline for Indefinite Leave to Remain does not automatically align with that of the principal applicant. Instead, their qualifying period for ILR starts from the day they enter the UK. Let’s illustrate this with an example:
- Principal Applicant’s Arrival: You arrived in the UK in March 2019 as a skilled worker visa holder.
- Dependents’ Arrival: Your family members joined you in January 2020 as dependents on your skilled worker visa.
In this case, you would be eligible to apply for ILR in March 2024, provided you meet all other requirements, such as continuous residence, employment conditions, and language proficiency. However, your dependents’ qualifying period for ILR would only begin from their date of entry into the UK—January 2020.
What Does This Mean for Your Dependents?
When you successfully obtain ILR, your dependents can remain in the UK under their current visa status as dependents of a skilled worker. They can continue living, studying, or working (as permitted under their visa conditions) until they complete their own five-year qualifying period for ILR. At that point, they will need to submit their own ILR applications, provided they meet all the relevant criteria.
Key Points to Consider
- Dependents’ Visa Status Remains Valid: Even after you receive ILR, your dependents’ visas remain valid until they reach the end of their permitted period.
- Separate ILR Applications: Your dependents will need to apply for ILR independently once they fulfill their five-year qualifying period.
- Ongoing Requirements: Your dependents must continue to meet the conditions of their current visa, such as maintaining their residence in the UK and adhering to the immigration rules associated with their status.
Planning Ahead
Understanding these timelines is essential for ensuring a smooth transition for your family members. If you’re unsure about your dependents’ eligibility or how to prepare their ILR applications, consulting with an immigration advisor can help clarify your options and avoid potential pitfalls.
By keeping these details in mind, you can confidently navigate the next steps in your immigration journey, ensuring that your dependents are well-prepared for their eventual transition to Indefinite Leave to Remain in the UK.