Skilled Worker Dependant Settlement (ILR)
A dependant partner or child does not automatically get Indefinite Leave to Remain (ILR) just because the main Skilled Worker becomes eligible for it. Dependants have their own settlement requirements — and those requirements are very different for partners and children, so start by choosing your pathway.
Separate from the worker's ILR
As a dependant partner
Not a five-year rule
English · Life in the UK · suitability
On this page
In brief
- A dependant does not automatically get ILR when the main worker becomes eligible.
- Dependants have their own settlement requirements.
- Those requirements are very different for partners and children.
- Start by choosing your pathway — the guide covers validity, suitability, and extension vs ILR.
Who is applying for settlement?
Partner and child settlement follow fundamentally different frameworks. Choose your pathway — they don't merge:
Dependant partner ILR
Driven by a five-year qualifying period, continuous residence and the knowledge requirements.
Partner pathway →Dependant child ILR
Driven by the child's status, the parents' immigration position and Appendix Children — not a five-year test.
Child pathway →Dependant partner settlement
The 5-year partner qualifying period. A dependant partner must have completed a continuous qualifying period of 5 years in the UK as the dependant partner of the relevant main applicant. This is assessed separately from the main Skilled Worker's own five-year calculation — don't assume you reach ILR on the same date they do.
The assessment looks at your qualifying residence as this person's dependant partner — not the worker's list of qualifying work routes (that's on the Skilled Worker ILR page). The key question is simply: have I completed the required qualifying period as their dependant partner?
Continuous residence
The qualifying period is subject to the continuous-residence rules under Appendix Continuous Residence — broadly, being resident for the qualifying period without breaking continuity and without exceeding the permitted absence limits. The full absence calculation lives on its own page.
→ Continuous residence & absences for ILR
Relationship at settlement
The relationship still matters at settlement: a dependant partner applying for ILR must continue to satisfy the relationship requirements for the route. The detailed relationship evidence lives in one place.
→ Relationship requirements for dependant partners
What status must the main applicant have?
The main applicant doesn't necessarily have to be applying for ILR on the same day. Your settlement is assessed against their qualifying position — they may be applying for settlement at the same time, already settled, or already British after settling from the relevant route. Being an existing dependant does not automatically push you onto Appendix FM (family) just because the worker has settled or naturalised — your existing dependant status is what counts.
English & Life in the UK
Settlement carries the knowledge requirements — an English language requirement and the Life in the UK test. The dependant requirement is assessed under the dependant settlement framework (not simply the main worker's rule), so confirm the requirement that applies to you rather than assuming the worker's.
Partner ILR pathway
- Completed 5 qualifying years as a dependant partner?
- Is your continuous residence intact? → absence limits
- Does the main applicant have the required settlement / status position?
- Does the relationship requirement continue to be met?
- Do you satisfy the applicable English requirement?
- Do you satisfy the Life in the UK requirement?
- Check suitability & validity — then prepare the ILR application.
Dependant child settlement
A child does not use the partner's five-year test. Child settlement is assessed under the dependant settlement provisions together with Appendix Children — it's driven by the child's status, the parents' immigration position, and age / independent life, not a qualifying-period clock.
So for a child, work through: the child's relationship to the relevant parent, the parent's immigration position, the other parent's position where relevant, and whether the Appendix Children requirements are met.
The parents' immigration status
This is usually the central question. Appendix Children generally expects the other parent to be settling at the same time, already settled, or British — unless an exception applies. The rules also recognise a sole surviving parent, a parent with sole responsibility, and serious and compelling circumstances. The detailed tests for those live on their own pages.
The child also has to establish the parental relationship — usually by a full birth certificate, though other official documents can do so. See Appendix Children: relationship requirement.
Age & independent life
Your child is now over 18? Turning 18 doesn't necessarily end the dependant route. A dependant child can, in specified circumstances, be 18 or over where they previously held dependant-child permission — but an independent-life requirement applies (looking at matters such as whether they have a partner and whether they still live with a parent, with allowance for full-time education away from home). Their immigration history becomes particularly important.
→ Dependant children aged 18 or over
UK-born children
A child born in the UK has a distinct position — being UK-born doesn't automatically mean they need ILR. It may instead raise questions about immigration permission, settlement, or registration as a British citizen — sometimes no immigration application is needed at all. Appendix Children has specific provisions for UK-born children (including a full UK birth certificate in relevant cases). Check status, the parents' status, settlement eligibility and whether citizenship registration is the better route.
→ Child born in the UK to a visa holder
Child ILR pathway
- Is the applicant an existing dependant child?
- What is the child's age & immigration history? → 18+ / independent life
- What is the relevant parent's immigration status?
- What is the other parent's status?
- Does a sole-responsibility / sole-surviving / serious-and-compelling exception apply?
- Are the Appendix Children requirements satisfied?
- Check suitability & validity — then prepare the ILR application.
Application validity & suitability
Both pathways share two things. Skilled Worker dependant settlement has its own validity provisions (the correct application, identity, biometrics and the applicable fee) — this isn't the temporary-permission process from the extension page. And all settlement applicants must satisfy the suitability requirements — meeting the eligibility requirements doesn't override suitability.
→ ILR application requirements · UK immigration suitability requirements
Extension or ILR?
If you're not yet ready to settle, an extension keeps your permission going. Which applies depends on your pathway:
- Partner: completed the 5 qualifying years? → continue with settlement. Not yet? → check the extension requirements.
- Child: don't use a five-year trigger — if the child's circumstances and the parents' status fit the child settlement pathway, continue; if not yet, check the extension.
Common mistakes
- Assuming dependants get ILR automatically with the worker — they have separate settlement requirements.
- Using the worker's five-year calculation for the partner — the dependant partner needs their own qualifying period.
- Applying the partner's five-year rule to children — child settlement follows a different framework.
- Switching to a spouse route after the worker settles — an existing dependant may still be able to continue and settle through the dependant provisions.
- Assuming turning 18 ends a child's route — previous dependant status and the independent-life requirement must be checked.
- Ignoring the other parent's immigration position — it can be central to a child's settlement.
- Treating a UK-born child like every other dependant — their immigration and nationality position should be checked separately.
Frequently asked questions
Does a Skilled Worker dependant automatically get ILR when the main applicant does? +
No. Dependants have separate settlement requirements.
How long does a dependant partner need before ILR? +
The rules require a qualifying dependant partner to complete the applicable 5-year continuous qualifying period as the dependant partner of the relevant main applicant.
Does a dependant child need five years for ILR? +
No — don't apply the partner's five-year test to children. Child settlement is assessed through the child-specific settlement provisions and Appendix Children.
Can I still settle as a dependant if my partner already has ILR? +
Potentially. Your existing dependant status and the main applicant's immigration history need to be considered.
What if the main applicant has become British? +
Don't assume the dependant route automatically ends. The relevant settlement provisions and previous immigration history should be checked.
Can my child settle after turning 18? +
Potentially. Previous dependant permission and the Appendix Children age and independent-life requirements are important.
Does the other parent need ILR too? +
The other parent's immigration status is relevant to child settlement. The rules contain specific requirements and exceptions, including certain sole-parent and serious-and-compelling cases.
Related guidance
Disclaimer. The information on this page provides general information about UK immigration law and does not constitute legal advice on any individual immigration application. Immigration requirements depend on your individual circumstances and may change. You should seek professional advice before making an application or relying on the information provided.
Source basis: the UK Immigration Rules Appendix Skilled Worker and the related work-route Appendices, together with the Home Office caseworker guidance published on GOV.UK. Immigration Rules and guidance change; confirm the current version on GOV.UK before applying.
Eyyup Yaprak
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Founded to make regulated advice honest and accessible.
Before founding the practice, Eyyup spent 10 years teaching English in Turkey and Liverpool, so every stage of an application is explained clearly, in English or Turkish. A BA and MA in English Language Teaching and an Associate Degree in Computer Programming & Technology sit alongside AAT Level 4 in Accounting, giving a strong grasp of the financial evidence many visa categories require.
Casework spans family, work, settlement and Ankara Agreement (ECAA) applications, plus sponsor licence guidance for employers.
Check your dependant settlement eligibility
Partner and child ILR are assessed very differently. We can confirm which pathway applies to you, whether you've met the requirements, and the right next application for your family.