The Skilled Worker dependant visa allows close family members of Skilled Worker visa holders to join them in the UK. This route is commonly used by partners and children who wish to live together as a family while the main applicant works in the UK.
In this article, we explain who can apply as a Skilled Worker dependant, the key eligibility requirements and what rights dependants have once they are in the UK. We also explain how to access a free 30 minute consultation with an immigration solicitor if you need advice tailored to your circumstances.
Who can apply as a Skilled Worker dependant?
The Skilled Worker dependant route is open to certain family members of a person who holds a valid Skilled Worker visa. Eligible dependants include spouses and civil partners, unmarried partners and dependant children.
A spouse or civil partner must be legally married or in a registered civil partnership with the main Skilled Worker visa holder. Unmarried partners can also apply, but they must usually show that they have been living together in a relationship similar to marriage for at least two years.
Dependant children can apply if they are under 18 at the time of application. In limited circumstances, children over 18 may qualify if they are already in the UK as dependants and continue to rely on their parent for financial support.
Relationship requirements
For partners, the Home Office will assess whether the relationship is genuine and subsisting. This applies to both married couples and unmarried partners. Evidence may include marriage or civil partnership certificates, joint tenancy agreements, shared bills or correspondence addressed to both partners.
Unmarried partners must provide additional evidence to show the length and nature of the relationship. This usually involves documents covering a period of at least two years, showing that the couple have lived together and shared responsibilities.
For children, evidence is required to show their relationship to the main applicant, such as a birth certificate. The Home Office will also consider whether the child is financially dependent and not living an independent life.
Related: Can I Bring My Parents to the UK Permanently?
Financial requirements for dependants
There is a financial requirement that must be met for Skilled Worker dependant applications. This is known as the maintenance requirement and is designed to show that the family can support themselves in the UK.
The required amount depends on how many dependants are applying. If the Skilled Worker sponsor agrees to certify maintenance on the certificate of sponsorship, this requirement is usually met automatically. If maintenance isn’t certified, dependants must show they have held the required funds for a continuous period before applying.
Meeting the financial requirement is an important part of the application and missing or incorrect evidence can lead to refusal.
Do dependants need to meet an English language requirement?
In most cases, Skilled Worker dependants aren’t required to meet an English language requirement. This can make the dependant route more accessible for family members who don’t speak English fluently.
English language requirements may arise later, particularly at the settlement stage, but they don’t usually apply when first applying as a dependant.
What rights does a Skilled Worker dependant have in the UK?
Once granted a Skilled Worker dependant visa, dependants are allowed to live in the UK for the same length of time as the main Skilled Worker visa holder. In most cases, they are also free to work in the UK without restriction.
This means Skilled Worker dependants can work for any employer, change jobs freely or become self employed. They can also study, although some courses may require an Academic Technology Approval Scheme certificate.
Dependants will usually have access to the NHS after paying the Immigration Health Surcharge as part of their application. This gives access to healthcare on the same basis as UK residents.
How long does a Skilled Worker dependant visa last?
A Skilled Worker dependant visa is normally granted in line with the main applicant’s visa. If the Skilled Worker visa is extended, dependants can apply to extend their visas at the same time or separately.
If the main Skilled Worker visa comes to an end, the dependant visas will usually also end. This makes it important for families to plan extensions carefully and ensure applications are submitted on time.
Where a relationship breaks down or circumstances change, dependants may need to explore alternative visa routes to remain in the UK lawfully.
Read more: How to Switch from a Dependant Visa to a Skilled Worker Visa
Can Skilled Worker dependants apply for settlement?
Skilled Worker dependants can usually apply for indefinite leave to remain after five years in the UK, provided they meet the relevant requirements. This includes completing the required period of continuous residence and continuing to meet the relationship requirements.
At the settlement stage, dependants may need to meet an English language requirement and pass the Life in the UK test, depending on their circumstances.
It’s important that dependants remain on a valid visa throughout the qualifying period, as gaps in lawful residence can affect eligibility for settlement.
Common reasons dependant visa applications are refused
Applications for Skilled Worker dependant visas are often refused due to insufficient evidence of the relationship. This is particularly common in unmarried partner applications where evidence of cohabitation is incomplete or inconsistent.
Refusals can also arise where financial requirements aren’t met or where incorrect information is provided. Ensuring that documents are accurate, consistent and clearly presented can significantly reduce the risk of refusal.
Taking advice before applying can be especially helpful where circumstances are complex or where there has been a previous refusal.
Planning a successful dependant application
The Skilled Worker dependant route is well established, but it still requires careful preparation. Understanding the eligibility requirements and gathering the right evidence early can help avoid delays and unnecessary complications.
If you are unsure whether a family member qualifies as a dependant or what evidence is needed, professional immigration solicitors can help ensure your application is prepared correctly from the outset.
Please note that this article is for informational purposes only and isn’t a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
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