New UK 5 Year ILR Law for Dependents | ILR UK 2024
ILR UK 2024: Today we have some exciting news for those aiming to settle in the UK through the indefinite Leave to Remain, ILR route. If you’re planning to apply for ILR or if you’re a dependent of someone on this journey, this post is for you. A significant announcement has been made regarding the five year ILR for dependants. We’ll break down what this new law entails and how it can positively impact you and your loved ones.
First, let’s quickly recap what indefinite leave to remain or ILR is for those who may be unfamiliar with the term, ILR is a type of permanent residency status in the UK. It allows you to live and work in the UK without time restrictions, and it’s the next step toward British citizenship for many. Once granted, you no longer need to apply for a visa to stay in the UK and you gain access to various benefits like healthcare, education and employment.
But achieving ILR status isn’t always straightforward. It typically involves fulfilling certain criteria, including residency, employment, and good character requirements. In today’s post, though, we’re focusing on one of the most important updates for ILR applicants and their dependents. Before we dive into the specifics of the new changes, let’s first understand the traditional ILR route. For many applicants, especially those on work, family, or other long term visas, the path to ILR usually takes five years of continuous residency in the UK. However, for dependants, spouses, partners or children of the primary visa holder, the process has often been more complicated, sometimes taking longer due to varied rules about their eligibility.
But now, with the new five year ILR law for dependents, things are about to change significantly. So what’s the big news? Recently, the UK government announced an important change to the ILR process, specifically for dependents of visa holders. Under the new law, dependents of individuals who are on a five year ILR route can now apply for their own ILR after the same period of five years. This is a major shift because in the past many dependents were subject to different rules, and in some cases they had to wait longer to apply for ILR even if their partner or parent had already qualified. Let’s break down exactly what this means for dependants.
1. Equal timeline for ILR applications.
Dependents will no longer need to wait beyond the five year mark to apply for ILR if their partner, spouse, or parent has also met the five year residency requirement. In simple terms, both the main applicant and their dependents will now be on the same timeline.
2. Who qualifies?
This law applies to the dependents of individuals on long term visas like skilled worker visas, global talent visas, or any other category where a five year route to ILR is available. Children, spouses and unmarried partners all fall under this change, meaning families can apply for ILR together after five years in the UK.
3. Simplified process.
Another great benefit is that the process is expected to become much simpler and streamlined. Families won’t have to deal with staggered applications, and the UK Home Office has indicated that they will also make documentation requirements easier to manage. Now, to make things clearer, let’s look at a few scenarios
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1. Scenario one. A skilled worker and their spouse.
Let’s say you move to the UK on a skilled worker visa and your spouse joined you as a dependant under the previous rules. While you could apply for ILR after five years, your spouse might have had to wait longer if they arrived later. With the new law, they can now apply for ILR after the same five year period, Simplifying the entire process for both of you.
2. Scenario two. A family with children for parents on a visa.
This change also brings good news. Children who are dependents can now apply for ILR at the same time as their parents, instead of waiting until they reach a certain age or meet other conditions. Of course, there are still important criteria that both the primary visa holder and their dependents need to meet in order to qualify for ILR.
Here are some of the key requirements
1. Residency. You and your dependents must have lived in the UK for a continuous period of five years, with no major gaps in residency.
2. Good character. Both the primary applicant and dependents must pass the good character test. This typically means having no criminal convictions and abiding by UK laws.
3. English language requirement dependents, just like the main applicant, must demonstrate a sufficient level of English proficiency for life in the UK test.
4. Passing the life in the UK test, which assesses your knowledge of UK culture, history and institutions.
5. No recourse to public funds like the main applicant, dependants are typically required to show they have not used public funds during their time in the UK.
Application process
Now let’s talk about the application process. The process for dependants will mirror that of the main applicant, but here are some steps to be mindful of.
1. Online application. You’ll need to submit your ILR application online through the UK Home Office website. Each dependant must submit a separate application, but they can be submitted together.
2. Biometric information both the main applicant and their dependants will need to provide biometric information such as fingerprints and a photo.
3. Fees applying for ILR isn’t cheap and it’s important to be prepared for the costs. The application fee is £2,404 per person. There may be additional costs for the life in the UK test and biometric services.
Why is this such good news for families?
Here are some of the key benefits
1. Permanent status for your loved ones your spouse, partner or children can all gain permanent residency in the UK alongside you. This brings peace of mind for the whole family.
2. Access to benefits. Once ILR is granted, dependants can access public services like the NHS, education and benefits like Jobseeker’s Allowance.
3. Path to citizenship ILR is also a crucial step toward British citizenship. After holding ILR for 12 months, you can apply for citizenship and your dependents can.
While this new law is certainly a step in the right direction, there are a few things to watch out for
1. Application errors. Make sure to fill out all forms accurately and provide all required documentation. Errors can lead to delays or even rejection.
2. Continuous residency be cautious about any extended trips outside of the UK during your five year residency period. Absences over a certain limit may impact your eligibility.
3. Document retention always keep proof of your residency work and compliance with visa conditions.
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