ECAA Family Member Settlement

ECAA Family Members Do Not All Follow the Same Rules

Partner vs child at a glance:

Part One — Partner Settlement: The Sponsor

Appendix ECAA Settlement Part 6 contains the partner ILR route. The applicant must be the spouse, civil partner or unmarried partner of a person who has ILR as an ECAA Worker or Businessperson; is being granted ECAA Worker or Businessperson ILR at the same time; or has become British after previously holding ILR as an ECAA Worker or Businessperson.

The partner must also have, or have last been granted, permission as the spouse, civil partner or unmarried partner of the relevant ECAA Worker or Businessperson. Where the applicant previously switched away from ECAA dependant status, the route requires review — historical ECAA dependency alone is not assumed to be sufficient.

Partner: A Genuine, Subsisting & Permanent Relationship

At settlement, the marriage, civil partnership or unmarried partnership must remain genuine and subsisting, assessed at the date of application. The applicant must also intend to live permanently with the ECAA sponsor — the Rules state these as two separate requirements. The evidence should focus on the continuing relationship, shared family life, living arrangements and relevant correspondence, without duplicating the entire Appendix FM spouse-visa relationship-evidence page.

The Partner's Own Five Years (ECAA 6.2–6.3)

The five years can consist of a combination of permission as (1) the spouse / civil partner / unmarried partner of an ECAA Worker or Businessperson; or (2) the spouse / civil partner / unmarried partner of that same ECAA person during a period when the sponsor held permission under another Immigration Rules category. So "you need five years on an ECAA dependant visa" is too simplistic.

Partner: Continuous Residence, KoLL & Suitability

The five-year partner period must satisfy Appendix Continuous Residence — the central explanation, and the way absences are assessed, is on the ECAA Settlement continuous-residence section rather than reproduced here. The partner must also demonstrate sufficient knowledge of English and knowledge about life in the UK in accordance with Appendix KoLL, and must not fall for refusal under Part Suitability.

What If the Sponsor Settles Before the Partner? (Part 7)

This is expressly anticipated. There can be circumstances where the main ECAA Worker or Businessperson has obtained ILR but the partner has not yet completed the necessary five-year qualifying period. Appendix ECAA Settlement Part 7 therefore contains a Further Leave to Remain route for certain ECAA partners — applying where the ECAA Worker or Businessperson has obtained qualifying ECAA ILR, or has subsequently become British after obtaining the relevant ECAA ILR. Its purpose is to allow an eligible partner additional time to reach their own settlement point.

The applicant must satisfy matters including the qualifying relationship to the former ECAA Worker/Businessperson, the relevant previous ECAA dependant permission, living together, a subsisting relationship, suitability, adequate accommodation, maintenance without recourse to public funds to which they are not entitled, and the applicable immigration-status requirements. The Appendix FM £29,000 minimum income requirement does not apply. Where Part 7 is met, leave may be granted for up to 3 years — this is further leave to help the partner reach the ECAA settlement qualifying period, not a new ECAA entry route.

Part Two — Child Settlement: No Five-Year Requirement

Appendix ECAA Settlement Part 5 contains a separate child ILR framework. The applicant must be the child of a parent who has ILR, or is being granted ILR at the same time, as an ECAA Worker or Businessperson, or as the spouse / civil partner / unmarried partner of an ECAA Worker or Businessperson.

The child must have current or previous permission as the child of the relevant ECAA family, or have been born in the UK to the relevant ECAA Worker/Businessperson or their partner.

The Parents' Settlement Position & Family Sequencing

The child's parental position must be considered, and the guidance encourages families to apply together once the ECAA Worker/Businessperson, dependent spouse and children are eligible. That can create a practical sequencing issue: the main applicant may be ready while the partner is not yet ready, and the child's settlement depends on the parental circumstances. Family settlement is best planned as a household rather than as isolated applications.

Can an ECAA Dependant Child Over 21 Obtain ILR?

Potentially, yes. The guidance distinguishes a child under 21 from a child aged 21 or over, but turning 21 does not automatically prevent ECAA child settlement: where the child was last granted ECAA permission as a child but has reached 21 or over by the date of the ILR application, they may still qualify provided the other requirements are met.

The child must not be married, be in a civil partnership, have formed an independent family unit, or be leading an independent life (ECAA 5.1(c)). The guidance gives examples of matters that may indicate an independent family unit or independent life — these "may include, but are not restricted to":

• living with a partner;
• having children of their own;
• living away from the family home other than for academic reasons;
• being in full-time employment;
• apparent financial independence, where income exceeds expenditure.

Child Evidence, Care, Birth Certificate, KoLL & Status

An applicant aged over 21 must provide the specified information and documents to establish the continuing-dependency / independent-life requirements — so age 21+ triggers an expanded evidence pathway. Where continuing financial dependency is relied upon for a child living away from the family home, the guidance identifies specific evidence: the child's bank statements covering the 3 months before the application, showing the origin of deposits, and the parents' bank statements covering the corresponding 3 months, showing matching payments.

• Care & accommodation (ECAA 5.1): arrangements for the child's care and accommodation must comply with relevant UK legislation and regulations (Appendix FM accommodation rules are not imported wholesale).
• Birth certificate: the Rules expressly require a full birth certificate showing the names of both parents, with a translation where necessary — this is an express Rule requirement, not merely an example document.
• KoLL: the child must meet the Knowledge of Language and Life in the UK requirement if not exempt — not every minor child must sit the tests; the exemption mechanics are in Appendix KoLL.
• Suitability & status: the child must not fall for refusal under Part Suitability, and must not be in breach of immigration laws, subject to the applicable overstayer exceptions — a period of overstaying does not automatically prevent ECAA child settlement; the precise history should be reviewed.

There Is No Equivalent Further-Leave Route for a Child

So when the ECAA sponsor obtains ILR: a partner who has not completed five years may have Partner FLR available; a qualifying child should have their ILR reviewed now — not given "another 3-year ECAA extension to build five years".

ECAA Family Settlement Planner

Tell the planner about the family member and the sponsor's position, and it lists which settlement requirements and timing issues need review. It is a guide only — it identifies issues and does not determine eligibility or produce a score.

Common Refusal Risks

Common Misconceptions

Frequently Asked Questions

How ENS Immigration Advice Can Help

ENS Immigration Advice can review ECAA partner and child settlement, including the partner's five-year qualifying period, the same-sponsor and continuous-residence requirements, Partner Further Leave where the sponsor settles first, and the child requirements — the parental position, over-21 dependency and evidence. For the main-applicant settlement rules see the ECAA Settlement (ILR) page; for the underlying dependant routes see the ECAA Dependant Partner and ECAA Dependant Child pages and the ECAA Routes hub.