Dependants and the Consultation Paper – An Individualistic Approach?
Following on from our previous article analysing Mahood’s fiscal approach to earned settlement in the UK, this piece will examine the factors involved for the dependants of those on the Points Based System (PBS) routes, most notably, the Skilled Worker route. In her foreword, Mahood takes that stance that migrants on lower wages who bring non-working dependants and children “are likely to present significant fiscal costs to the UK”. Under the proposals of the consultation, therefore, Mahood takes a more individualistic, self-reliance approach to earned settlement for dependants.
Current System for Dependants – Misleading Information in the Consultation
The consultation paper describes the current system as allowing dependants within economic routes to “qualify for settlement at the point that the principal applicant is granted settlement and without having to meet any additional requirements”. This statement is misleading.
Under the current Immigration Rules, those adult dependants of, for example, Skilled Workers, are required to complete the same route to settlement as their main applicant counterpart. Notably, 5 years of continuous residence on the Skilled Worker route as a PBS dependant. Specifically, under Appendix Skilled Worker, at paragraph SW 42.1, the rules state as follows:
“SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.”
This means that they are still subject to the Continuous Residence requirements, namely that dependant partners cannot be absent from the UK for a particular amount of time within the last 5 years. Additionally, dependants applying for settlement also need to meet the English language requirement and pass the Life in the UK test, amongst other requirements, which are also applicable to their main applicant counterpart. Children, on the other hand, can apply for settlement at the same time as their parents, without having to meet the qualifying period condition, provided that they meet the other eligibility requirements. It must be noted here that children born in the UK to non-British parents can register as British if, whilst they are still a minor, one of their parents becomes British or settled in the UK (see Section 1(3) British Nationality Act 1981).
This raises a fundamental concern. If the Home Office itself appears unclear about what the current rules actually permit, it calls into question their ability to implement changes that genuinely improve the immigration system. Without a thorough understanding of existing policies, any potential proposals for reform risk being misguided, and could potentially create further confusion for migrants and their families.
The consultation perpetuates misunderstandings that could affect the decisions and expectations of families navigating the complex settlement process. Ultimately, this kind of misleading information undermines trust in the system and can contribute to the spread of misinformation, making it all the more important for official documents to provide clear, precise guidance.
Proposed Changes for Dependant Partners
Following the release of the Consultation Paper, the Home Office now wishes for the Skilled Worker settlement framework to reflect the Danish “self-sufficiency” model. The time period to settlement in the UK as a Skilled Worker will increase from 5 to 10 years, but can be reduced through contribution to UK society. To read more on this, please click here to read a summary of the changes as mentioned.
Mahood proposes that dependants of those Skilled Workers will also be “separately determined according to their own attributes and circumstances”. As a result, even though they are dependants of the main applicant, they may not be eligible for the same settlement path as the main applicant—a notably individualistic policy, even when linked to the Skilled Workers visa. However, they also make clear that those dependants will only have a pathway to settlement where the main applicant can qualify. For example, a Skilled Worker earning £50,000 and their PBS dependant partner earning £60,000 may both work for several years in the UK. Although the dependant partner is eligible for settlement after 5 years, they must wait 10 years to match the Skilled Worker’s route, despite being amongst the top earners and paying significant taxes. The ‘dependant’ visa status prevents a faster path to settlement.
This approach, where dependants of Skilled Workers are evaluated on their own merits, yet they remain tethered to the settlement timeline of the main applicant, is perplexing. On one hand, the proposed system purports to reward individual achievement and contribution to the UK—particularly for those who are high earners and demonstrably invested in British society. On the other hand, by refusing to allow dependants to progress independently towards settlement, regardless of their own successes, the model undermines its own ethos of “earned settlement”.
This proposed framework also raises serious concerns for dependants who, due to personal circumstances or cultural background, may not be able to work or earn as much as the main applicant. Many women on dependant visas, particularly those from communities where education and employment outside the home is restricted or discouraged, would be disproportionately affected. If settlement routes are determined by individual earnings or employment status, these dependants could face significantly longer and more uncertain paths to settlement, potentially leading to increased insecurity and marginalisation. Such an approach risks exacerbating existing inequalities, by penalising those whose opportunities to contribute economically are limited by factors beyond their control and may inadvertently create further barriers to integration and stability for families seeking to build their lives in the UK.
Proposed Changes for Dependant Children
The consultation paper also correctly acknowledges the impossibilities for young dependant children of Skilled Workers to follow this contribution model independently of their parents. However, the paper does seek opinion on how those dependant children should be treated when they reach 18 years of age when applying for settlement, i.e. legally an adult in the UK. Specifically, the Home Office do consider that there should be a ‘window’ during which those who have become adults but were originally in the UK as dependant children of Skilled Worker, will be granted settlement in line with their parents. Interestingly, the paper does include the following statement:
“The Home Office will, however, develop proposals under which a cut-off point, linked to age, may operate, and at which point such a person will transition to an immigration pathway under which they progress to settled status in their own right. This could, for example, involve specifying an age limit below which some mandatory requirements (i.e. the requirement to have paid NICs in the 3 years prior to applying) are waived.”
This proposed approach could also disproportionately impact young people. As newcomers to the labour market, young adults typically earn significantly less than those in established employment, making it much harder for them to meet any income-based criteria within the ‘earned settlement’ framework. According to the Office for National Statistics, the median annual pay for workers aged 18–21 in the UK was approximately £25,948, while those aged 22–29 earned a median of around £33,696—both figures substantially lower than the overall median for full-time employees, which stands at about £38,100 as of April 2025 (see the ONS). This disparity means that young people, despite working and contributing, may face extended waiting times or additional hurdles to settlement simply because their earnings reflect their early career stage, rather than a lack of integration or ambition.
The Home Office remains unclear about how the proposed changes will apply to dependant children who reach adulthood. Specifically, there is a lack of detail about which aspects of the earned settlement framework might be waived for these individuals, and for what duration these exemptions would apply. This ambiguity raises concerns about whether child dependants who become adults may face unintended disadvantages under the new system. It is crucial that the final policy ensures that these young people are not unfairly or disproportionately impacted by the reforms.
Conclusion
To conclude, whilst the intention behind the proposed Skilled Worker settlement reforms is to encourage self-sufficiency and reward individual contribution, the practical implications could contrarily lead to increased uncertainty and inequality for many dependants and young adults. Without careful consideration and clearer guidance, the changes risk undermining the very principles of fairness and integration that the Home Office aims to promote. It is essential that future policy decisions strike a balance between encouraging contribution and ensuring that all members of Skilled Worker families have equitable and achievable routes to settlement in the UK.
