Can the spouse and children of the work permit ILR be processed together? First, check the status of the main applicant.

"Handle everything together" sounds convenient, but when it comes to filling out the application form, it's so complicated.

This article discusses the permanent residency arrangements for the spouses and children of Skilled Worker (skilled worker visa) applicants as of October 1, 2026. Here, it needs to be divided into two scenarios: the main applicant is applying for permanent residency under the work visa, or has already obtained permanent residency. The basis for segmentation is SW 37.2 and SW 39.1 in the current "Immigration Rules" Appendix Skilled Worker. The spouse visa and other visa routes have separate provisions and cannot directly apply the application order mentioned in this article.

My judgment is: if the principal applicant is preparing to apply for a 10-year residency, and the family members are also planning to apply for a work permit and dependent permanent residency, the principal applicant should be approved first, followed by the family members' application. If renewal is needed, it should be arranged in advance.

Applying for a work permit ILR: family members must each meet the requirements

The main applicant has validly submitted the work permit path to permanent residency application, and the decision has not been made yet, meeting the entry conditions of SW 37.2(e)(i). Eligible spouses and children can apply together. At the decision stage, SW 39.1(a) requires the main applicant to be approved for the work permit permanent residency simultaneously. Therefore, family members submitted in the same batch still have their own review criteria, and the fact that "the main applicant has already submitted" cannot be taken as a guarantee that the family members will definitely be approved.

This route uses SET(O). When applying, family members must be in the UK and complete the relevant identity documents, biometric information, and payment requirements individually; each person also needs to be verified individually in the same batch.

The spouse needs to verify their dependent visa, relationship and continuous residence. SW 42.1 requires a continuous five-year period as the main applicant's dependent partner, and SW 43.1 additionally requires meeting the continuous residence appendix. When preparing documents, you can put the start and end dates of each dependent visa, the person you are dependent on, actual residence and departure records into the same timeline to check whether the eligibility period can be connected. Previously holding your own student or work visa, the time of marriage and cohabitation will not automatically count as dependent partner visa time; if you previously held dependent visas through other routes, you should check which periods can be accumulated together with the old approval letters, and cannot just look at the start date of the current visa.

The relationship must still be genuine, ongoing, and comply with the Appendix for Partner Relationships. English language and Life in the UK requirements must also be met by the spouse themselves, or have appropriate exemptions.

Children need to be verified on a separate page. Dependent children under the work visa do not have a separate five-year eligibility period for spouses, but they must meet the conditions of identity, relationship, age, and living arrangements. According to Appendix Children CHI 4.3 of the Immigration Rules, it usually requires another parent to also obtain permanent residence, or already has permanent residence or British nationality. If only one parent meets the criteria, it needs to check whether it is the only surviving parent, solely responsible for raising the child, or there are exceptional circumstances such as serious and convincing reasons.

For example, if one parent applies for permanent residency, while the other still needs to renew their visa, the child's arrangement cannot be decided solely based on the former. Exceptions depend on family circumstances, which need to be supported by corresponding evidence.

The child has already reached adulthood, and the previous dependent status should still be checked; it cannot be determined solely by the birth date. Appendix CHI 1.2 allows those who have recently been approved as dependents to continue applying after turning 18, provided they meet the criteria; requirements such as not being independent are still applicable. For a child studying at a university outside, you can prepare documents such as proof of enrollment, information on term-time accommodation, and family address to explain the relationship between living on campus and family life. Home Office The child guidance clearly states that boarding or residence in a full-time educational institution is an exception to the cohabitation requirement. Adult children must also verify the English language and Life in the UK requirements and exemptions; the test certificates of parents cannot replace those of the children.

Already approved: Check the identity at that time

The main applicant has already obtained permanent residency, and family members can apply later. Here, we need to go back and verify what permits each family member held when the main applicant was approved, as well as whether the family members currently meet the requirements.

SW 39.1(b) requires the main applicant to have held a Skilled Worker visa when obtaining permanent residency, and family members to have held their dependent spouse or child visas at that time; children born in the UK before the main applicant obtained permanent residency have separate entry provisions. SW 39.2 also requires that the most recent approved status of family members meets the corresponding dependent relationship, with corresponding exceptions for children born in the UK. Therefore, marriage certificates and birth certificates can prove family relationships, but cannot alone prove these identity transition conditions; old approval letters and the main applicant's permanent residency approval records need to be checked together.

The permanent residency approval for the main applicant will not automatically change the temporary permits of family members to permanent residency. Those who have not yet met the application criteria should still check their permit expiration dates.

There is a boundary that greatly affects family arrangements: the main applicant obtains permanent residency through ten years of continuous residence, it does not necessarily require the original work permit family members to switch to the family spouse route. Home Office The 20th edition of the "Guidance for Dependent Family Members under Work Path" updated on August 3, 2026, clearly states in the partner eligibility period section that if the main applicant is approved for permanent residency while holding the relevant work path permit, eligible partners can still renew or apply for permanent residency under the dependent route. Specifically for work permit families, they must also meet the conditions of dependent status at the time of approval.

This connection has a scope of application. It is crucial which permit the main applicant holds when obtaining permanent residency; just because "ten-year permanent residency has been obtained," it cannot be determined whether the entire family can still continue to use the work visa family route.

The order of application is also embedded in the specific section number. SW 37.2(e)(i) allows dependent pending applications, clearly limited to the permanent residency application under the Skilled Worker pathway. Even if the principal applicant currently holds a work permit, if the application submitted is Long Residence (ten-year residency), family members cannot use this to submit simultaneously. After the principal applicant is approved, check the conditions for those who have already settled under SW 37.2(e)(ii). This step relates to whether the application is valid; it is not advisable to wait until the case is being processed to provide the approval letter of the principal applicant later.

If the family member's consent may expire during the waiting period, a feasible extension application should be assessed in advance. The main applicant's long-term residence application is pending and cannot replace the spouse or children's own identity continuation.

When actually organizing, you can list for each family member the current permit, expiration date, the permanent residency route taken, and the remaining conditions. Then write the application route of the main applicant in the header. Commonly prepared documents include proof of relationship, old permits, and family address information; individual parts should separately include spouse's qualification period, exam or exemption certificate, and evidence of children's enrollment and living arrangements. For the main applicant who is approved first, add the approval record later, and check the applicable articles used by family members. This way, it will be clear who can submit the application, who needs to wait, and who should renew first.

If the family members themselves already have the qualifications for permanent residency, they can also apply according to their own routes, without needing to change to a dependent application just because of the family visa quota.

[Data Source] Home Office Current Immigration Rules, work visa appendix, children appendix, and "Guidance for Dependent Family Members of Work Route". The order described in this article is based on the work visa family provisions; the original text of the pending application entry is found in SW 37.2(e)(i).

This article is for reference only. For specific issues, please consult a licensed attorney.

"has made a valid application for settlement in the UK on the Skilled Worker route and that application has not been decided"
means: the permanent residency application under the Skilled Worker route has been effectively submitted, and the application has not yet been decided.

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