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

If you came to the UK on a Skilled Worker visa, and your spouse or partner came with you or followed after on a Dependent visa, they may be able to apply for indefinite leave to remain (i.e., settlement) in the UK in due course.

To be eligible for settlement as your Dependent your partner must have lived continuously with you (the main visa holder) in the UK on a Dependent visa for at least 5 years. If this requirement is met at the point that you apply for ILR, you may be able to apply together.

If they arrived to the UK after you or switched from another visa category (on which they were not your dependent), they may not be eligible to apply for ILR at the same time as you. In this situation they can continue extending their Dependent visa until they are eligible, even if you have been granted ILR or naturalised.  

If your partner had not been granted a dependent visa before you obtained your ILR, then they cannot apply for a Skilled Worker dependent visa but must apply as the spouse or partner of a settled person instead. After five years on that route they would potentially be eligible to apply for indefinite leave to remain.

Partners will have to meet other criteria, including an English language requirement, and passing the ‘Life in the UK’ test. They also have to be careful not to exceed 180 days of absence permitted in any 12 month period (for any period of leave that they were granted from 11 January 2018.)

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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