Settlement as a Skilled Worker / Tier 2 Dependant

In this article we explore the Immigration Rules relating to settlement as a Skilled Worker / Tier 2 (General) dependant under Appendix Skilled Worker. This route came in to effect at 9:00am on 1 December 2020 and replaced the Tier 2 (General) route.

What is a “Skilled Worker"?

A “Skilled Worker" is defined under Paragraph 6 of the Immigration Rules and includes individuals granted leave as Tier 2 (General) migrants, thus the same Immigration Rules for settlement apply to dependants of Skilled Workers and Tier 2 (General) Migrants.

When can you apply for Skilled Worker / Tier 2 (General) dependant settlement?

Before or after the Primary Skilled Worker or Tier 2 (General) Migrant (the “Primary Applicant”) has been granted settlement, any dependants may also apply for settlement at the same time. Dependants can also apply for settlement after the Primary Applicant has obtained naturalisation as a British citizen as long as they had been settled as a Tier 2 (General) / Skilled Worker.

Before any dependants can apply for settlement they will need to have completed a qualifying period of 5 years lawful and continuous resident in the UK as the dependent partner/child of the Primary Applicant. You can apply for settlement as a dependent 28 days before reaching the five year qualifying period.

What is the five-year qualifying period?

In order to meet the continuous residence requirement applicants need to show “unbroken” continuous residence. Continuous residence will be potentially broken in either of the following:

• Applicant(s) has been out of the UK for over 180 days in any 12 month rolling period and the exceptions in Appendix Continuous Residence do not apply;
• Applicant is convicted of an offence and sentenced to imprisonment or detained in an institution other than a prison;
• Applicant(s) is subjected to a deportation order, exclusion order/exclusion direction;
• Applicant(s) is subject to removal or does not have permission to be in the UK and any of the exceptions in Appendix Continuous Residence apply.

If you came to the UK under this category before 11 January 2018 then any absences during that period of grant under the Immigration Rules in place prior to 11 January 2018 will be discounted. Absences during any leave granted after 11 January 2018 will count towards the residence requirement.

Relationship requirement: partners

At the date of application a dependent partner of the Primary Applicant needs to show that they satisfy the relationship requirements for the 5 year qualifying period with leave as a dependent partner of the Lead Migrant and have lived together in a genuine and subsisting relationship throughout the five-year period.

Dependent Children – What age is a dependant children?

A child applicant must be under 18 years of age at the date of application. If the child is over the age of 16 at the time of application they will need to show that they are not leading an independent life.

Settlement requirement for dependant children

For a dependent child to qualify for settlement, both parents must have or be applying for settlement at the time the dependent child applies unless:

• The is only a sole surviving parent being granted settlement;
• The parent being granted settlement has sole responsibility for that child; or
• Serious and compelling reasons exist which justify granting the child settlement with the parent being granted settlement.

Sole responsibility and compelling reasons are complex legal concepts; you should consider seeking expert legal advice.

Evidence of Care Requirement for Dependant Children Under 18

At the time of any application evidence must be produced to show that suitable arrangements are in place for the child’s care and accommodation in the UK including where the child will live and how s/he will be adequately cared under the relevant UK regulations.

Life in the UK Test and English Language Requirements

If you are aged between 18 and 65 you must pass Life in the UK and; English Language Test in one of the following ways:

• a) You previously met this requirement in an earlier successful application; b) Your country of origin is a majority English language speaking country;
• c) You have passed an academic qualification that was taught in English; or d) Have passed an approved Secure English Language Test to the CEFR level B1; or
• e) They have a GCSE, A level, Scottish National Qualification at level 4 or 5 or, Scottish Higher or Advanced Higher, in English (language or literature) awarded by an Ofqual (or SQA, Qualifications Wales or CCEA) regulated awarding body and following education undertaken in a UK based school which began while they were aged under 18.