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

"Handling 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, two situations need to be divided: the main applicant is applying for permanent residency under the worker visa, or has already obtained permanent residency. The basis for segmentation is SW 37.2 and SW 39.1 of the current Appendix Skilled Worker of the Immigration Rules. 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 settle for ten years, 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 pathway to permanent residence application, and the decision has not yet been made, 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 residence at the same time. Therefore, family members submitted in the same batch still have their own review criteria, and the fact that "the main applicant has submitted" cannot be regarded as a guarantee that the family members will be approved.

This route uses SET(O). Relatives applying must be in the UK and complete their respective identity documents, biometrics, and payment requirements; each person also needs to be verified individually in the same batch.

The spouse should 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 also 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 qualification periods 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 stages 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.

The child needs to be verified on a separate page. There is no separate five-year qualifying period for dependent children of work permit holders without a spouse, but they must meet the conditions regarding status, relationship, age, and living arrangements. According to Appendix Children CHI 4.3 of the Immigration Rules, usually another parent must also obtain settlement or already has settlement or British nationality. If only one parent meets the criteria, it should be checked whether it falls under exceptions such as being the only surviving parent, solely responsible for raising the child, or there are serious and compelling 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 based on family circumstances require corresponding evidence.

The child has already reached adulthood, and the previous dependent status still needs to be checked; it cannot be determined solely by the birth date. Appendix CHI 1.2 allows those who meet the criteria and have recently been approved as dependents to continue applying after turning 18; the requirements for not being independent still apply. For a child studying at a university elsewhere, they can prepare documents such as proof of enrollment, semester accommodation details, and family address information to explain the relationship between living on campus and family life. Home Office The child guidance clearly states that boarding or residential arrangements in full-time education are exceptions to the cohabitation requirement. Adult children must also verify the English language and Life in the UK requirements and exemptions; the parents' test certificates cannot replace the child's own certificate.

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, and whether the family members currently meet the requirements.

SW 39.1(b)要求主申请人取得永居时持有Skilled Worker许可，家属当时已持其受养配偶或子女许可；在主申请人取得永居前出生于英国的孩子，另有条文入口。SW 39.2还要求家属最近获批的身份符合相应受养关系，英国出生子女有对应例外。因此，结婚证、出生证明能够证明家庭关系，却不能独自证明这些身份衔接条件；旧批准信与主申请人的永居批准记录，需要放在一起核对。

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

There is a boundary that significantly affects family arrangements: the principal applicant obtains permanent residency through ten years of continuous residence, and it is not necessarily required for the original work permit family members to switch to the spouse family 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 principal applicant is approved for permanent residency while holding the relevant work path permit, eligible partners can still renew or apply for permanent residency through the dependent family 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 "the ten-year permanent residency has been obtained," it cannot be determined whether the entire family can still continue to use the work visa dependent route.

The order of application is also reflected in the specific section numbers. SW 37.2(e)(i) allows dependent pending applications, clearly limited to the permanent residency application under the Skilled Worker route. 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 as a basis to submit simultaneously. After the principal applicant is approved, check the conditions for established residents in SW 37.2(e)(ii). This step relates to whether the application is valid; it is not advisable to just wait until the case is being processed to provide a letter of approval for the principal applicant.

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 pending does not replace the spouse or children's own identity continuation.

When actually organizing, you can list for each family member the current permit, expiry date, the permanent residency path taken, and the remaining conditions. Then write the application path of the principal applicant in the header. Commonly prepared documents include proof of relationship, old permits, and family address information; individual parts should be separated by spouse's qualification period, examination or exemption certificate, and evidence of children's enrollment and living arrangements. For the principal 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.

Family members who already have the qualification for permanent residency can also apply according to their own route, without needing to change to a dependent application just because of family visa processing time.

[Data Source] Home Office Current Immigration Rules' work visa appendix, children appendix, and "Guidance on Dependent Family Members for 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 document 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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