When can my dependants apply for ILR on the skilled worker route?
If your spouse and children came to the UK as your dependants on the skilled worker route, you might assume their ILR eligibility date is the same as yours. It's not always that simple.
How ILR eligibility works for dependants
Dependants on the skilled worker route can apply for ILR after 5 continuous years of lawful residence in the UK. The key question is: when does that 5-year clock start?
The 5-year period starts from the date they entered the UK, not from the date their visa was approved or the date their vignette was valid from.
The COVID complication
This matters for families who were delayed by COVID. Here's a real example:
- Visa application submitted: February 2021
- Visa approved: March 2021
- First vignette valid from: May 2021
- Could not travel due to COVID
- Replacement vignette valid from: September 2021
- Entered the UK: September 2021
In this case, the 5-year qualifying period starts from September 2021 (the date of entry), not February 2021 (the date of application) or May 2021 (the first vignette date).
This means ILR eligibility would be around September 2026, not early 2026 as you might have hoped.
What counts as "entering the UK"?
Your dependants' entry date is the date stamped in their passport at the UK border, or the date recorded in the Home Office system when they arrived. If they entered using their BRP, the entry date will be recorded digitally.
If your dependants entered on different dates (for example, your spouse entered first and your children came later), their eligibility dates will be different.
Can the main applicant apply before the dependants?
Yes. If you (the main skilled worker visa holder) have been in the UK for 5 years but your dependants have only been here for 4.5 years, you can apply for ILR first. Your dependants would then apply separately once they reach their own 5-year mark.
However, there's a practical consideration: the ILR fee is £2,885 per person. Applying separately means separate fees and separate applications, but there's no requirement to apply together.
Absence limits for dependants
Dependants have the same absence rules as the main applicant. During the 5-year qualifying period, they must not have been absent from the UK for more than 180 days in any 12-month rolling period.
If your family travels home regularly to see relatives, keep careful track of the dates. Even a few extra days can push your application into refusal territory.
What your dependants will need for ILR
Each dependant applying for ILR will need:
- A valid passport and BRP
- Evidence of 5 years continuous residence (travel records, payslips, school records for children)
- The ILR application fee (£2,885 per person)
- Children over 10 may need to meet good character requirements
- Adults need to pass the Life in the UK test and meet the English language requirement
Working out your family's earliest ILR date
The simplest way to calculate it: look at the date each family member physically entered the UK. Add 5 years. That's the earliest they can apply.
If you can't remember the exact entry date, check the entry stamp in their passport or request their immigration records from the Home Office.
Preparing for the Life in the UK test
Both you and your spouse will need to pass the Life in the UK test for your ILR applications (children under 18 are exempt). The test costs £50 per attempt and requires 18 out of 24 correct answers.
Start practising early so you can both take the real test well before your ILR application date. Try our free mock test to see how you'd score right now. 24 questions, real exam format, instant results.