ILR on a Dependent Visa: What You Need to Know

ILR as a dependent visa holder: overview

If you came to the UK as a dependent visa holder -- as the spouse, partner, or child of a main visa holder -- you can apply for indefinite leave to remain once you have completed the required qualifying period on your dependent visa. The path to indefinite leave to remain for dependants broadly mirrors the route taken by the main applicant, but there are some important differences to understand before you apply.

A dependent visa is granted to family members of the primary visa holder. Common examples include the dependent spouse or partner of a Skilled Worker, the dependent children of a Global Talent visa holder, or the dependent family members of a Health and Care Worker. In each case, the dependent visa holder's right to remain in the UK is linked to the main applicant's visa status.

For indefinite leave to remain purposes, time spent on a valid dependent visa is productive time. It counts towards your qualifying period, and in most cases dependants apply for indefinite leave to remain at the same time as the main applicant. This means that if the main applicant reaches their qualifying period milestone, their dependent family members who have been in the UK on dependent visas throughout that period will typically also be eligible to apply at the same time.

This guide covers the key rules for dependent visa holders applying for indefinite leave to remain: qualifying periods, absence rules, what happens if circumstances change, and how to handle the application. For a full walkthrough of the application process itself, see the ILR application guide.

Does time on a dependent visa count towards ILR?

Yes -- time spent on a dependent visa counts fully towards the qualifying period for indefinite leave to remain. This is one of the most important things for dependent visa holders to understand. You do not need to switch to a main visa in your own name in order to build up your qualifying period for indefinite leave to remain.

For the time to count, the following conditions must generally be met:

• You must have held a valid dependent visa throughout the qualifying period, with no gaps or periods of overstaying.
• The main applicant must have maintained their valid visa status throughout the period. If the main applicant's visa was curtailed or they left the UK permanently, this could affect the dependent's qualifying period.
• You must meet all the other requirements for indefinite leave to remain, including the absence rule, the language requirement (where applicable), and the good character requirement.

In straightforward cases -- where both the main applicant and all dependants have lived in the UK continuously on valid visas throughout the qualifying period -- the dependent visa holder's time in the UK will count in full toward indefinite leave to remain.

Qualifying period for dependants

The qualifying period for a dependent visa holder applying for indefinite leave to remain is generally the same as the qualifying period for the main applicant's visa route. The table below shows the standard qualifying periods for the most common routes:

The qualifying period starts from the date the dependent visa was first granted, not from the date the main applicant was first granted their visa. If the dependent joined the main applicant later, their qualifying period starts from when their own dependent visa was granted.

In most cases, the main applicant and all dependants apply for indefinite leave to remain together in a joint application. This is the most straightforward approach and ensures all family members obtain their indefinite leave to remain at the same time.

What if the main applicant gets ILR first?

There are situations where the main applicant becomes eligible for indefinite leave to remain before all dependants have completed their own qualifying period. This can happen if, for example, a dependent child joined the family later, or if a dependent joined the main applicant part-way through the qualifying period.

In these situations, the main applicant can proceed with their own indefinite leave to remain application without waiting. The dependent does not need to apply at the same time. Once the main applicant has indefinite leave to remain, the dependent can remain in the UK on their existing dependent visa and apply for indefinite leave to remain separately when their own qualifying period is complete.

It is important to ensure that the dependent visa remains valid during this period. If the dependent visa expires before the dependent is eligible for indefinite leave to remain, the dependent will need to apply for an extension of their dependent visa to avoid overstaying.

Once the main applicant has indefinite leave to remain, any subsequent dependent visa extension by the dependent will typically be as a dependant of a person with indefinite leave to remain, which is a slightly different category. The qualifying period will continue to accumulate toward the dependent's own indefinite leave to remain application.

Absence rules for dependants

The absence rules for indefinite leave to remain apply to each dependent visa holder individually. The standard rule is that you must not have been absent from the UK for more than 180 days in any rolling 12-month period during the qualifying period. This applies to each dependent separately, not to the family unit as a whole. The ILR absence rules guide explains how the 180-day rolling window is calculated and what counts as an absence.

This means that even if the main applicant has a clean absence record, a dependent who spent extended periods outside the UK may have breached the 180-day rule. The Home Office assesses each applicant's absences independently.

Practically, this means every dependent visa holder should keep their own record of travel in and out of the UK. Do not assume that because the main applicant's absences are within the limit, your own absences will be too. Children who travelled frequently with one parent but not the other may have very different absence records from their parents.

If a dependent has exceeded the 180-day limit in any 12-month period, this may trigger the exceptional circumstances provisions, but these are difficult to satisfy. Track your absences carefully throughout your dependent visa period and seek advice if you think you may have exceeded the limit.

Switching from dependent to your own visa

Some dependent visa holders want to obtain their own independent visa status, either because their relationship with the main applicant has ended or because they want to continue in the UK on their own terms. Switching from a dependent visa to a main visa in your own name is possible in many circumstances, but it is not automatic.

Common switching options include:

• Skilled Worker visa: If you have a job offer from a UK employer with a sponsor licence, you may be able to switch from your dependent visa to your own Skilled Worker visa. Time spent on the dependent visa does not automatically count toward the Skilled Worker qualifying period in the same way, so you would typically need to restart your qualifying period on the new route.
• Student visa: If you are enrolled in a qualifying course, you may be able to switch to a Student visa.
• Domestic violence provisions: If you are a victim of domestic violence or abuse and your relationship has broken down as a result, there are specific provisions in the Immigration Rules that allow you to apply for indefinite leave to remain on the basis of domestic violence. This is a specialist area and requires careful legal advice.

Switching visa routes after a relationship breakdown is complex and time-sensitive. If your circumstances change, seek specialist immigration advice as soon as possible. Do not allow your dependent visa to expire without taking action.

Children as dependants

Children under 18 can be included on a parent's dependent visa and can apply for indefinite leave to remain as dependants when the qualifying period is complete. A child who has been in the UK on a dependent visa throughout the qualifying period can apply alongside the main applicant and the adult dependent partner.

There are some additional considerations for dependent children:

• Children aged 18 or over at the time of the indefinite leave to remain application are generally no longer eligible as dependants and would need to apply in their own right under an appropriate visa route.
• A dependent child's absence history is assessed separately, just as for adult dependants. Keep a record of any extended absences by dependent children.
• Both parents must generally consent to a child's visa application, or the sole parent with parental responsibility must provide evidence of this.

Children born in the UK

A common question is whether a child born in the UK to dependent visa holders is automatically a British citizen. The answer is: not automatically. A child born in the UK is only a British citizen at birth if at least one parent is a British citizen or is settled in the UK (meaning they have indefinite leave to remain or the right of abode) at the time of the child's birth.

If both parents were on dependent visas at the time of the birth, the child is not automatically British. The child may be able to register as a British citizen later, once one or both parents have obtained indefinite leave to remain, but this is a separate registration process. Get specialist legal advice on your child's citizenship rights, as errors can be costly.

How ILR Tracker helps dependants

ILR Tracker is designed for everyone going through the indefinite leave to remain process, including dependent visa holders. The tools are particularly useful for families where each person may have slightly different qualifying periods or absence records.

Track absence days independently

Because absence days are counted individually for each dependent, every member of the family should track their own absences. ILR Tracker's absence tracking tools let you calculate your personal absence history against the 180-day rolling rule, giving you a clear picture of whether you are within the limit.

Calculate your qualifying period

The ILR Eligibility Calculator lets you enter your visa start date and route to calculate when you become eligible for indefinite leave to remain. If your start date on the dependent visa differs from the main applicant's start date, you can use the calculator to confirm your own eligibility date separately.

Document checklist for your whole family

Each dependent applying for indefinite leave to remain will need their own set of supporting documents. Use the ILR document checklist to ensure every dependent applicant has the documents they need, from biometric residence permits to passport photos and evidence of qualifying period. For a full breakdown of fees for each applicant in a family application, the ILR costs guide covers the application fee, biometric enrolment, and optional priority service for both main applicants and dependants.

Understanding how indefinite leave to remain works for dependent visa holders is an important step toward a successful family application. In most cases, the process is straightforward: time on a dependent visa counts, the qualifying period mirrors the main route, and dependent family members apply together. Where circumstances are more complex -- such as a later start date, extended absences, or a relationship breakdown -- it is always worth seeking specialist immigration advice before submitting your indefinite leave to remain application.