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Indefinite Leave to Remain(ILR)

UK ILR New Rules for Dependent Visa

The UK ILR new rules for dependent visa applicants are evolving as the government introduces reforms under the “Earned Settlement” framework. Indefinite Leave to Remain (ILR) allows individuals to live and work in the UK permanently without time restrictions on visas.

Although the dependents of the visa holders have long been able to apply to settle with the primary applicant, recent policy changes emphasise personal eligibility, continuous residence, and integration into UK society.

These changes affect dependents of visa holders under routes such as Skilled Worker, Global Talent, Innovator Founder, and certain family visas.

In case there's uncertainty regarding whether or not you or your family members are eligible to settle under the new provisions, get in touch with us. We can evaluate your eligibility and guide you through the ILR application process.

Overview: Dependent Visa and ILR

What Is a UK Dependent Visa?

A UK Dependent Visa allows the family members (partners and children) of a "main applicant" (e.g., a Skilled Worker or Student) to live, work, and study in the UK.

How ILR Applies to Dependents

Previously, dependents often settled at the same time as the main sponsor (usually after 5 years). Under the Earned Settlement rules, dependents are increasingly treated as individuals who must "earn" their status through their own economic or social contributions.

Why the New Rules Matter

The new rules increase the standard waiting time and introduce personal income requirements for dependents. This ensures that everyone granted permanent residency demonstrates a long-term commitment and financial independence.

Eligibility Criteria Under the New ILR Rules

Here are the updated eligibility criteria as per UK ILR new rules for dependent visa:

 

Minimum Residence Requirement for Dependents

The standard qualifying period for ILR has increased from 5 years to 10 years for dependents.

However, dependents can reduce this 10-year wait if they meet specific "contribution" criteria, such as high personal earnings or working in the public sector (NHS/Teaching).

Relationship and Dependency Proof

Dependents must prove the relationship is "subsisting." For partners, this typically means having lived together for at least 2 years. For children, one must show that they are not leading an independent life.

Financial Requirement Changes

A major update is the Personal Income Requirement. To qualify for ILR, dependents (excluding children) are now often expected to show a minimum annual taxable income (roughly £12,570) for at least 3 to 5 years before applying.

Changes to Allowed Absences

Updated Absence Limits for Dependents

The absence limit remains the same. You must not have been outside the UK for more than 180 days in any 12 months.

COVID-19 & Exceptional Circumstances Waivers

Waivers for absences exceeding the 180-day limit are now strictly limited to life-threatening illnesses or natural disasters. General "work-related travel" for the sponsor no longer automatically exempts a dependent's absences.

What Breaks Continuous Residence

Continuous residence is broken if you:

  • Exceed the 180-day absence limit
  • Are convicted of an offence resulting in a prison sentence
  • Spend any time in the UK without a valid visa (overstaying)

English Language and Life in the UK Test

Here are UK ILR new rules for dependent visa regarding English Language standards and Life in the UK Test:

English Language Requirement

Under the new rules, the bar has been raised. Now, applicants from 27.03.2027 must qualify for the B2 level (Upper Intermediate) in speaking and listening for the ILR.

For some, achieving C1 level (Advanced) can sometimes reduce the ILR qualifying period by 1 year.

Life in the UK Test for Dependents

All adult dependents (18–64) must still pass the Life in the UK Test. The test format was updated in 2025 to include more questions on modern British values and civic duties.

Exemptions Based on Age or Disability

Exemptions remain for those under 18 or 65 and over, and those with long-term mental or physical conditions (verified by a specific Home Office medical form).

Documents Required for Dependent ILR

CategoryRequired Evidence
IdentityCurrent and all previous passports held during the residence period.
RelationshipMarriage/civil partnership certificate; 2 years of joint bills/tenancy agreements.
Financial3–5 years of P60s, payslips, and bank statements showing personal income.
ResidenceProof of address for every year of the qualifying period (Council tax, utilities).

Application Process for Dependents

Online Application Steps:

  1. Complete the Set(O) or Set(M) online form (depending on the route).
  2. Pay the application fee and the Immigration Health Surcharge (if applicable).
  3. Upload digital copies of all supporting documents to the Sopra Steria (UKVCAS) portal.

Biometric and Appointment Info

After submitting the online form, you must book a biometric appointment to provide fingerprints and a photo.

How Fees Have Changed

Fees have increased significantly to fund the "Earned Settlement" infrastructure. A standard ILR application in 2026 typically costs £3,029 per person.

If you decide to go for Priority or Super Priority service, you will need to pay an additional  £500 or  £1000, respectively.

Route-Specific Impacts

Here is how the new update is going to impact dependents under various routes:

Skilled Worker Dependents

Most significantly impacted by the 10-year baseline. High-earning sponsors (£50k+) can still help their families settle in 5 years, but the dependent must often meet their own income thresholds.

Student Visa Dependents

It is now much harder for student dependents to switch directly to settlement. They usually must switch to a work-based dependent route first.

Global Talent

Dependents of Global Talent holders still enjoy one of the fastest routes, often settling in 3 to 5 years if the main applicant meets high-performance criteria.

Common Reasons Dependent ILR Is Refused

These are some of the common reasons for ILR application refusal:

Relationship Evidence

Lack of "cohabitation" proof (e.g., no joint bank accounts or utility bills in both names).

Absence Documentation

Failing to account for every day spent outside the UK or exceeding the 180-day rolling limit.

Financial Errors

Not meeting the new personal income threshold or failing to provide the correct format of P60s/payslips.

Frequently Asked Questions

Yes, but they generally settle when the last parent settles. If a child turns 18 before the parent qualifies for ILR, they may need to apply in their own right.

Yes, dependents usually have the full right to work in the UK (except as a professional sportsperson).

The dependent's visa is "curtailed" (shortened) to match the sponsor’s. Under the new rules, you may have a 60-day window to switch to your own work visa to stay on the path to settlement.

If you are planning to apply under the UK ILR new rules for a dependent visa, we can help you navigate the process with confidence. Our immigration specialists provide eligibility assessments, document reviews, application preparation, and refusal support to help maximise your chances of approval.

Contact us today to discuss your dependent ILR application and receive expert guidance on the latest UK immigration rules.

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