immigration

The main applicant has obtained ILR, how long will the family members have to wait?

JustiScript•8 October 2026•👁️ 872

A family's arrangement for permanent residency is most troublesome because the calendar is always difficult to coordinate.

This text discusses how the dependant partner and children can continue their process after the principal applicant obtains permanent residency with a Skilled Worker (skilled worker) visa, according to the current rules as of October 8, 2026. Other routes require checking the corresponding rules separately. My judgment is: before the family members apply for renewal, they should first check all old visas under the same partner's name that can be combined, and then determine how much time is still needed; calculating the waiting period only from the most recent work visa family permit may result in an extended period.

Family members ILR calculated separately for five years

The current "Immigration Rules" Appendix Skilled Worker, SW 42.1 requires dependant partners to complete five consecutive years of qualifying residence. After the main applicant is approved, the existing qualifying time of family members continues to be accumulated, and the remaining years still need to be made up.

Therefore, the approval date of the main applicant alone cannot determine the submission date of the spouse.

The old license may be more useful than imagined

Home Office, in the "5-year permission requirement: partners" section of the updated "Guidance for Dependants on the Family Route" on August 3, 2026, clearly states that the time spent as a spouse under the family route can also be counted. Combined with the UK government's explanation for applying for settlement on a work visa, the time of the dependent partner under another visa category under the same main applicant can be combined. The prerequisite is that the entire period of status and continuous residence meets the requirements, and the current situation also meets the conditions for settlement as a work visa dependent. When calculating, it is necessary to connect the entire permit record, not just read the start date displayed on the current e-visa; this step is especially useful for families who have changed categories.

Similarly, for those living in the UK with their own student visa or work visa, the period of the visa is not counted towards this five-year dependent partner period. The UK government's guidance on applying for permanent residency under a work visa also explicitly excludes the time on one's own independent visa, and it cannot be automatically counted just because they were married at that time.

Count the submission and renewal separately.

Scheduling can start from a piece of paper: list each category of visa, start and end dates, corresponding partners, and overseas stays. If the two consecutive years and three consecutive years are considered as time for dependent partners, the duration should be assessed whether it has reached five years; if the first two years were under your own student visa, and then three years were transferred to dependent partner, only three years would be accumulated. This example only shows the difference in duration, and the actual submission date should also take into account continuous residence, English language, Life in the UK, and other conditions.

If the current permit covers the eligible submission date, you can prepare the application at that time; if the permit expires first, you need to handle the renewal in advance. The permanent residency of the main applicant will not extend the permit of family members.

Children often have to wait for the other parent

Children need to be listed separately. Dependent children under a work visa do not have the independent five-year qualifying period if they have no partner. Common reasons for delay are that another parent has not yet met the settlement requirements. According to Appendix Children, paragraph CHI 4.3 of the Immigration Rules usually requires that the other parent has settled, is a British citizen, or has been granted settlement at the same time as the child. If one parent has been granted settlement and the other is still accumulating the required period, the child is generally scheduled for dependent leave. Exceptions exist in cases where there is only one surviving parent, who alone bears the responsibility of raising the child, or where there are serious and convincing reasons, which require supporting evidence.

孩子的出生证明、当前许可和另一位家长的身份文件,适合放在一起核对。

等到十八岁也未必关门

等候期间孩子接近十八岁,也未必需要为生日抢递。按《Immigration Rules》Appendix Children第CHI 1.2及CHI 1A.1条,最近获批的是受养子女许可、递交时仍有效且未独立生活的申请人,成年后仍可符合年龄条件;其他定居要求仍须满足。达到相应年龄后,英语与Life in the UK也要按本人情况准备。全家的安排可以分批完成,十八岁生日并不自动终止这条通道。

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

[Data Source] Home Office "Immigration Rules: Technical Workers Appendix", "Dependent Family Members Guidance for Work Route", "Immigration Rules: Children Appendix".

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