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

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

This text discusses how the original dependant partner and children can catch up after the main applicant obtains permanent residency with a Skilled Worker (skilled worker) visa, according to the current rules verified on October 8, 2026. Other routes need to refer to corresponding rules separately. My judgment is: before the family members prepare to renew their visas, they should first check all old visas under the same partner's name that can be combined, and then determine exactly how much time is still needed; calculating the waiting period only from the most recent work permit family visa may result in an extended period.

Family of ILR is calculated separately for five years

The current "Immigration Rules" Appendix Skilled Worker, SW 42.1 requires dependants 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 Work Route" on August 3, 2026, clearly states that the time of holding a family route visa as a spouse can also be counted. Combined with the UK government's explanation for applying for settlement under a work visa, the time of a 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 meet the requirements, and the current situation also meets the settlement conditions for a work visa dependent. When calculating, the entire permit record needs to be connected, not just read the start date shown on the current e-visa; this step is especially useful for families that have changed categories.

Same in the UK, the period of the applicant's student visa or work visa is not counted towards this five-year period for dependent partners. The UK government's guidance on applying for permanent residency under a work visa also explicitly excludes the time spent on the applicant's own independent visa, and it cannot be automatically counted just because the applicant was already 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 partner, and overseas stay. 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 the next three years were transferred to dependent partner, only three years would be accumulated. This example only shows the difference in duration, while the actual submission date also needs to consider 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 dependents.

Children often have to wait for the other parent

Children need to be considered separately. Dependent children under a work visa do not have the independent five-year qualifying period for a partner. Common reasons for delay are that another parent has not yet met the settlement requirements. Paragraph CHI 4.3 of Appendix Children 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 a dependent visa. Exceptions exist in cases where there is only one surviving parent, who alone bears the responsibility of raising the child, and there are serious and convincing reasons, which require supporting evidence.

The child's birth certificate, current permit, and the other parent's identity documents are suitable for verification together.

It's not necessarily closed even when eighteen.

During the waiting period, if the child is approaching 18 years old, it may not be necessary to rush to submit the application for the birthday. According to Appendix Children of the Immigration Rules, section CHI 1.2 and CHI 1A.1, applicants who have recently been approved for dependent child visas, are still valid at the time of submission, and are not independent, can still meet the age requirements after reaching adulthood; other settlement requirements must still be met. After reaching the relevant age, English language and Life in the UK also need to be prepared according to individual circumstances. The arrangements for the whole family can be completed in batches, and the 18th birthday does not automatically terminate this channel.

This article 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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