Mr. Chen’s Skilled Worker visa will expire five years next month, and he is preparing to apply for permanent residence (ILR). But his wife came to the UK for reunion two years later, and his 7-year-old daughter was born in the UK. His most anxious question is: Can and his family get permanent residence together? Or am I the only one who goes ashore first?
This is the most common part of Chinese families and the easiest one to get into trouble. Today, we will explain the current rules of "spouse and children accompanying the main applicant to obtain permanent residence", how to deal with the time difference, and the reforms being promoted in 2026.
Can spouse and children "accompany" the main applicant to obtain permanent residence in the UK?
Let me give the conclusion first: is OK, but it does not "automatically follow" . As dependents (Dependants) of the main applicant for a work permit (Skilled Worker, etc.), the spouse and children must submit a separate ILR application and pay an application fee each to meet the conditions. Only when everyone's timelines are aligned, they can be submitted at the same time and approved together.
Key point: The "5 years of continuous residence" for permanent residence of dependents is , which counts as the dependents' own residence time of , and does not apply to the main applicant. Whoever has lived there for 5 years first will qualify.
What conditions do spouses (adult dependents) need to meet when applying for permanent residence?
A spouse over 18 years old who applies for ILR as a dependent usually needs to meet the following requirements:
🔹 Have lived legally in the UK as a family member for 5 consecutive years; Life in the UK Test (British Life Knowledge Test);
🔹 Meet the English B1 level requirements;
🔹 The relationship is genuine and the marriage/partnership continues to be valid.
What many people overlook is: the spouse’s 180 days are calculated independently from to . My wife returned to China to take care of the elderly and lived there for more than half a year. Even if the main applicant does not exceed the deadline for one day, the wife herself may be rejected because of the deadline. Be sure to calculate on a daily basis before submitting, and do not use the main applicant's record as a reference.
Accompanying children for permanent residence: There are two important exemptions for those under 18 years of age
For minor children, the rules are much more relaxed. Dependent children under 18 years old: are not subject to the 180-day exit restriction, and do not need to take the Life in the UK Test and English exams. Therefore, for a daughter like Mr. Chen who was born in the UK, it is usually smoothest to submit the application together with her parents.
But be aware of a time bomb: if the child is about to turn 18 years old during the application process, the situation will become complicated, and he may need to switch to his own path or take an exam. For families with a 17-year-old child, the earlier you plan, the better. Don’t be stuck scrambling around birthdays.
My spouse arrived in the UK late, can I just wait for permanent residence? two roads
Back to Mr. Chen’s problem: His wife came two years late. When the main applicant submitted ILR, she had only lived there for 3 years, which was not enough. There are two clear paths at this point:
Path 1: The main applicant lands first, and the spouse renews the dependent visa to make up the time. The main applicant of gets ILR first, and the wife continues to live in the UK on a dependent visa. She will submit ILR separately after she has lived there for 5 years.
Path 2: Transfer to the spouse path (partner of a settled person). After the main applicant of becomes a permanent resident/naturalized person, his wife can apply as a "spouse of a settled person" and obtain permanent residence through the 5-year family visa route. Which one is more cost-effective and time-saving depends on your respective starting point of residence and visa status. It is recommended to calculate clearly before submitting.
Reality reminder: ILR application fees are charged on a per-capita basis (thousands of pounds per person), and many families will submit at a staggered time for - the main applicant pays it first, and then family members pay it after they are qualified, so as to alleviate a large one-time expenditure.
The impact of 2026 Earned Settlement reform on spouses and children
The government is advancing the reform of "Earned Settlement" (Earned Settlement), extending the default period of permanent residence from 5 years to 10 years. The relevant consultation ended on February 12, 2026, and more than 200,000 responses were received. As of today (July 2026), the new rules have not yet taken effect and the current 5-year rules are still in effect.
Once the reform is implemented, it will have the greatest impact on family members: the draft tends to allow adult family members to "earn their own" permanent residence in , and will no longer automatically follow the main applicant. Possible directions include - high-income taxpayers (taxable income reaches the threshold) may be able to go abroad in 5 years; ordinary income taxpayers may need 10 years (English reaches C1 or shortened to 9 years); it may also be possible to switch to the spouse route for 5 years after the main applicant obtains permanent residence. The specific details and transitional arrangements for have not yet been finalized for . The official response was originally expected in the middle of the year, and the implementation time may be in the second half of 2026.
This means one thing: is enough for a family of 5 years, don't delay. Submitting as early as possible within the old rule window is currently the safest option. Everything is subject to the latest announcement of GOV.UK.
Practical advice on permanent residence for the whole family
① Pull out the entry/departure records of each family member of and separately, and verify them for 180 days each;
② Spouses make an appointment in advance and pass Life in the UK Test and B1 English;
③ For families with children nearly 18 years old, arrange the schedule in reverse order to avoid the birthday node;
④ When the timelines are inconsistent, let the qualified people submit first, and the remaining renewals will make up for it;
⑤ Pay attention to the reform implementation announcement, and submit as soon as possible within the old rules.
If you are not sure about the expiration date of permanent residence for each person in your family, you can use 永居计算器 APP to calculate it on a daily basis, and the timeline of the whole family will be clear at a glance; if you are not sure about the path to choose, you can contact our licensed lawyers on WeChat for consultation.
This article is for reference only. Please consult a licensed attorney for specific questions (the rules stated in this article are subject to the latest announcement of GOV.UK).
[Data source] gov.uk/indefinite-leave-to-remain-family/partner-dependant-work-visa; gov.uk/government/consultations/earned-settlement
💬 Let’s chat in the comment area: How many years is the difference between your spouse or child’s permanent residence date and yours? Are you planning to submit them together or at a different time? Tell us about your specific situation and we will help you figure it out.
📌 If you find it useful, collect this article , and check it out at any time when your family is planning their permanent residence.
Dealing with a UK legal matter? JustiScript can help
⚡ CoS Slot Priority Service — £99
Automated priority submission the moment the Home Office releases Certificate of Sponsorship slots at 7:00 AM each working day.
⚖️ Ask a UK Lawyer — £5
One legal matter, an initial written response from a qualified UK lawyer within 24 hours.
✉️ Letter Before Action — £5
A formal pre-action letter on official letterhead, drafted in minutes. The step that settles most disputes before court.