The New Work Visa (From Jan 1st 2020)

paragraph A39 and Appendix T
Appendix Skilled Occupations
Appendix English Language
Appendix Shortage Occupation List
Appendix Finance
Appendix AR: Administrative Review
Appendix ATAS
Appendix KOL UK
Appendix Continuous Residence

Part 9
Part 10

Settlement requirements

Only the following routes allow settlement applications for dependants:

• Skilled Worker
• T2 Minister of Religion
• T2 Sportsperson
• Representative of an Overseas Business
• UK Ancestry
• Global Talent
• Innovator
• Scale-up
• T5 (Temporary Worker) International Agreement Worker

Note that applications for settlement on the T5 (Temporary Worker) International Agreement Worker route can only be accepted from applicants who have, or have last been granted, permission as a ‘Private servant in a diplomatic household’.
There is no requirement to pay the Immigration Health Charge.

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Settlement eligibility requirements

Eligibility requirements for settlement are should be considered based on the following:

Lead applicant settled status requirement

The lead applicant must either:

• be being granted settlement at the same time as the applicant
• have previously been granted settlement due to permission on the related immigration route
• become a British citizen having previously been granted settlement due to permission on the related immigration route

Related rules
GT 27.1, IA 34.1, INN 35.1, MOR 31.1, ROB 33.1, ISP 32.1, SCU 32.1 SW 39.1, UKA 30.1.

Last grant settlement requirement

In the case of an application to settle as a dependent partner or child on one of the following routes:

• Global Talent
• Innovator
• Skilled Worker

the dependant has to have previously been granted permission as the dependent partner or child of the lead applicant.

Applications under other routes are subject to a validity requirement.

Related rules

GT 27.2, INN 35.2, ROB 33.1A, ISP 32.2, SCU 32.2, SW 39.2.

Dependent Partners qualifying period

Dependent partners of Global Talent, T5 (Temporary Worker) International Agreement Workers, Innovator, T2 Minister of Religion, T2 Sportsperson and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.

If the lead applicant has settlement on the basis of long residence, including where they have subsequently naturalised as British citizens, their partner cannot extend their permission or gain settlement as a dependant under the routes this guidance relates to and must switch into the partner of a settled person category and apply for permission to stay. For more information see Appendix FM guidance.

Where the lead applicant has been granted British citizenship, their dependants can still apply if they held permission as dependants at the time.

If the lead applicant is being granted settlement in, gained settlement through or has been granted citizenship following, UK Ancestry or Representative of an Overseas Business permission, the dependant may apply for settlement without completing a qualifying period and provided they can switch into the route.

5-year permission requirement: partners

Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant.

Related rules
GT 30.1, IA 35.1, INN 38.1, MOR 34.1, SP 35.1, SW 42.1.

5-year residence requirement: partners

Those who are required to complete a qualifying period must meet the continuous residence requirement as set out in Appendix Continuous Residence during the qualifying period.

You must not include any absence from the UK during periods of permission granted under the Immigration Rules in place before 11 January 2018 towards the 180 days allowable absences. For example, if a dependent partner’s qualifying period includes initial permission granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.

Related rules
GT 31.1, IA 36.1, INN 39.1, MOR 35.1, SP 36.1, SW 43.1.

5-year partner requirement

Those applying as a dependant of a Skilled Worker must meet the relationship requirements above and must have met them throughout the 5 years ending on the date of application.

Those applying as a dependant of a T5 (Temporary Worker) International Agreement Workers must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for the 5 years immediately before the date of application.

Related rules
IA 34.2, SW 39.3.

If applying as a partner, the applicant and the person (P) in SW 39.1. must meet

APP SW23.

the relationship requirement in SW 29.2 to SW 29.4.

and must have met them throughout the 5 years ending on the date of application.

In paragraph SW 39.3, for “the relationship requirement in SW 30.1. to SW 30.5.”, substitute “the relationship requirement in SW 29.2 to SW 29.4.

Unless the route requires evidence of adequate maintenance and accommodation for the applicant (Representative of an Overseas Business and UK Ancestry) the following funds must be available to support the application – unless an applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application:

• £285 for a dependent partner
• £315 for the first dependent child
• £200 for any other dependent child

Family members of people who have settled or have been granted British citizenship cannot have maintenance certified by a sponsor and must always show cash funds.

Please refer to Finance requirement guidance for guidance on this part of the application.