Indefinite leave to remain (permission to stay as a refugee, humanitarian protection, Discretionary or Section 67 Leave)
Family applying as dependants
Your family members may be eligible for indefinite leave to remain if you have protection status (either permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave. Your family must both:
- already be in the UK
- have formed before you left your country
If your family members cannot get indefinite leave to remain because they’re not in the UK, they may be able to join you another way. They can either:
- apply to be reunited with you (if you formed your family before you left)
- apply for a family visa (if you formed your family after you left)
If you have Section 67 Leave, you can only include your child in your application. If you want other family members to join you in the UK, you will need to apply for a family visa.
Eligibility
Family members are:
- your partner (husband, wife, civil partner or the person you’ve been in a genuine relationship with for 2 years before applying to settle)
- your child or children - born in the UK or abroad
You need to provide evidence of your relationship - check the form when you apply.
Your family members must either have been given permission to be in the UK with you:
-
as your dependant, at the same time you were granted protection status (permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave
-
using the family reunion route
A child of yours born in the UK who is not a British citizen is also eligible.
You can include your partner and children under 18 on your application form.
You can include your children who are 18 or over if they were living in the UK as your dependant before they turned 18.
Other exceptions
Your partner or other dependants cannot apply if they:
- already have permission to be in the UK in another category
- are currently in the UK without permission
They may be able to apply for indefinite leave to remain some other way.