Dependants & Family Members: What the 10-year Proposal Means

The proposed extension of ILR eligibility from 5 years to 10 years has raised urgent questions for dependants and family members. For many, the biggest fear is prolonged separation or increased financial strain. Families considering their options should start by checking timelines with our ILR calculator.

Why dependants matter in the ILR debate

Under the current rules, spouses and children usually follow the main applicant’s route to ILR. A shift to 10 years would double the waiting time for families to secure permanent stability in the UK.

In the April 2026 debate, MPs repeatedly highlighted the effect on children’s welfare and integration. You can review the full record in Parliamentary debates.

Financial and emotional strain

• Repeated visa renewals mean repeated fees, health surcharge payments and legal costs.
• Longer uncertainty affects housing decisions and education choices.
• Spouses may remain unable to access certain benefits until settlement is granted.

These issues are also documented in the immigration policy reviews published by the House of Commons Library.

Who will feel the biggest impact?

The 10-year proposal would hit families in several categories:

• Skilled Worker dependants, where the main applicant’s settlement period doubles.
• Partner visas, where couples face longer timelines before full security.
• BNO dependants, with uncertainty for Hong Kong families on a new route.

Related reading: Skilled Worker sponsor duties and the 10-year ILR debate.

Practical steps for families

• Keep detailed financial records to meet the minimum income requirement.
• Plan ahead for education and healthcare costs over the extended period.
• Check the whole family’s absences carefully with the Indefinite Leave to Remain calculator.

FAQs

Key takeaway

The 10-year ILR proposal could reshape family settlement routes. While uncertainty remains, families should prepare early by maintaining records and reducing unnecessary absences. Explore related guides on sponsor duties and the parliamentary debate.

Qualifying periods for dependants

Dependants (spouses, civil partners and children) of a main visa holder must apply for Indefinite Leave to Remain to settle in the UK. However, the rules governing when dependants can qualify are distinct. For Points-Based System dependants, such as the family members of Skilled Workers, the spouse must complete a 5-year qualifying period in the UK on a dependant visa before they are eligible to apply for ILR.

This qualifying clock runs independently of the main applicant. If the main applicant has reached 5 years and been granted ILR, but the spouse only joined them in the UK 3 years ago, the spouse cannot apply for ILR yet. They must apply for an extension as the dependant of a settled person and wait until they complete their own 5 years’ residence.

Absence limits for dependants

Historically, dependants were not subject to absence limits when applying for ILR. Rules introduced in January 2018 aligned the dependant rules with those for the main applicant: for dependant visas granted after 11 January 2018, the spouse is subject to the same 180-day rolling absence limit as the main applicant.

This means dependants must also monitor their trips outside the UK. For children, the 180-day rule generally does not apply if they were born in the UK, but children born outside the UK must meet the continuous residence rules unless there are exceptional circumstances.

Children born in the UK vs outside the UK

The settlement rules for children depend heavily on their place of birth:

• Born in the UK: a child born in the UK does not automatically become a British citizen if their parents hold temporary visas such as Skilled Worker. Once either parent is granted ILR, however, the child is entitled to register as a British citizen immediately under section 1(3) of the British Nationality Act, bypassing the ILR application and its fees entirely.
• Born outside the UK: a child born outside the UK must apply for ILR. Both parents must be settling or already hold settled status (ILR) for the child to qualify. If one parent is getting ILR and the other is extending, the child must also extend.

Financial support and accommodation rules

When family members apply for ILR, the main applicant must show they can support and house the family without relying on public funds. This involves meeting specific income thresholds and showing evidence of adequate accommodation.

You must provide property documents, such as a tenancy agreement, Land Registry title or a housing report, showing the property has a sufficient number of bedrooms for the family size under UK overcrowding laws. If you are renting a room in a shared house, this can lead to issues, so securing a sole-occupancy property or obtaining a landlord letter is highly recommended.

Dependant settlement checklist

Before submitting applications for your family members, verify the following:

• Clock calculation: confirm the spouse has spent at least 5 years physically in the UK under the dependant visa category.
• Absence audit: check the spouse’s travel history to make sure no rolling 12-month period exceeds 180 days.
• UK-born registration: if a child was born in the UK, prepare form MN1 to register them for citizenship after you get ILR.
• Joint applications: if applying together, submit separate forms and pay the £3,226 fee for each individual.
• English and Life in the UK tests: confirm the spouse (and any dependant aged 18 or over) has passed both the B1 English language exam (B2 for settlement applications made on or after 26 March 2027) and the Life in the UK test. Dependant children under 18 are exempt from both requirements.