I’m coming to the UK on a work visa, will my children be eligible for settlement?

If you are in, or coming to, the UK on a Skilled Worker visa, your children may be eligible to live with you here on a dependant visa, and potentially to apply for Indefinite Leave to Remain (ILR) in due course, and ultimately for British citizenship.

Your child’s ability to apply for settlement will depend on both your immigration status and that of their other parent (unless you have sole responsibility for them.)

A child on a Skilled Worker dependant visa can apply for ILR once both their parents have either been granted ILR themselves, or are applying at the same time as the child. If one parent has sole responsibility for the child, then only that parent needs to have or be applying for ILR. In general, if only one parent has obtained ILR, then the child cannot apply until the second parent is in a position to apply also, but there is an exception to this where there are serious or compelling reasons why the child should be allowed to stay in the UK.

A Skilled Worker Dependant Partner must have been living in the UK with the main visa-holder for at least five years before being eligible to apply for ILR as a Dependant Partner (see our blog on I’m coming to the UK on a work visa, will my partner be eligible for settlement?) Because of this requirement, a Dependant Child will often have been here for at least five years before they are able to apply for settlement, if they came to the UK with one or both of their parents. Living in the UK for five years is not a requirement for a Dependant Child, though. A child who is born in the UK to a parent with a Skilled Worker visa will also be eligible to apply for indefinite leave to remain as soon as both parents (or one parent with sole responsibility) are applying, which could mean they are eligible for settlement a short time after their birth.

One issue to be aware of is the implications if a Dependant Child turns 18 before they apply for settlement. This does not necessarily stop them from applying for ILR as a dependant, but they must still be dependent on their parents when they apply. In fact, if the child is over 16 years old, they must show that they are not leading an independent life, are still financially dependent on their parents and living with them (unless they are enrolled in school, college, or university).

If the child is over the age of 18 at the time of application, they will also need to satisfy the knowledge of English language and Life in the UK requirements.

How can we help?

Gherson’s Immigration Team are experienced in all of the above business visa applications. Please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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