Tier 1 (General)
Settlement applications by your dependants
This page explains whether and how your partner and your children (known as your 'dependants') can apply for settlement with you if you are currently in the UK under Tier 1 (General) of the points-based system.
On this page
Partners
Your partner can apply for settlement at the same time as you apply for settlement, if:
- you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
- they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
- you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
- they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
- they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
- they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.
These requirements are set out in paragraph 319E of the Immigration Rules.
Children
Your child can apply for settlement at the same time as you apply for settlement, if:
- they have previously been given permission to enter or stay in the UK as your child;
- they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
- they are not married or in a civil partnership, have not formed an independent family unit, and are not leading an independent life;
- they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
- they have sufficient knowledge of the English language and life in the UK, unless they are aged under 18 when they apply. For more information, see the Knowledge of language and life in the UK section.
Also, you and the child's other parent must be lawfully present in the UK, or being granted permission to entry, remain or settle in the UK at the same time as the applicant, unless:
- you are the child's sole surviving parent; or
- you have and have had sole responsibility for the child's upbringing; or
- there are serious or compelling family or other considerations which make it desirable not to refuse the child's application, and suitable arrangements have been made for their care.
These requirements are set out in paragraph 319J of the Immigration Rules.
How to apply
Applications for settlement by Tier 1 (General) migrants must be made using application form SET(O). You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately using form SET(O).
For more information and to download the application form, see the SET(O) page.