Family Route Children Blocked from Settling if One Parent Still Has Limited Leave - From 26 March 2026
08 Mar 2026
If you are on a Family visa and one partner in your household has recently reached ILR while the other is still waiting, you need to be aware of a new rule that takes effect on 26 March 2026 — just 18 days away.
What is changing
The March 2026 Statement of Changes (HC 1691) introduces a new restriction to settlement applications for children under Part 8 of the Immigration Rules — the rules that govern settlement for Family visa holders and their dependants.
Previously: A child could apply for Indefinite Leave to Remain (ILR) alongside one parent who had been granted settlement, even if the other parent was still on a visa with limited leave.
From 26 March 2026: A child's settlement application under Part 8 will be refused if the other parent holds limited leave to remain. In practical terms, this means both parents generally need to have secured ILR before their child can apply for settlement under the family route.
This change follows a court ruling (the Kone case) that prompted the Home Office to codify the rules more precisely.
Who is affected
This change specifically applies to children applying for settlement under Part 8 of the Immigration Rules. This is the family route — it affects families who came to the UK under the Family visa (spouse, civil partner, or parent route) and whose children are applying as dependants on that same route.
Families where one parent received ILR and planned to include their child in an early or separate application will be most directly impacted. If your child's application under Part 8 has not yet been submitted and your co-parent still holds limited leave, the application will now be refused from 26 March onwards.
Notably, this restriction is stricter than the rules for children applying under work visa routes (such as Skilled Worker dependants), where settlement can proceed alongside one settled parent even if the other holds limited leave. The new Part 8 rule creates an inconsistency between these two settlement pathways.
BNO holders — are you affected?
If your children came to the UK on a BNO household member visa and are applying for ILR under the BNO route (Appendix BN(O) Settlement), these changes do not appear to apply to you. BNO settlement follows separate rules rather than Part 8. However, if any family members entered via the family visa route rather than the BNO route, they may be subject to these restrictions. If in doubt, seek advice from a regulated immigration adviser before applying.
What to do if this affects you
- If you are eligible and both parents are settled: there is no change and you can apply as normal.
- If one parent has ILR and you were planning to apply for your child before the other parent's ILR comes through: consider whether submitting a valid application before 26 March 2026 is feasible given your circumstances. A properly submitted application before that date should be assessed under the current rules.
- If you are not yet eligible: plan your timeline so both parents reach ILR before applying for your child's settlement.
Given the complexity of family settlement rules, if you are in a mixed-status household (one person settled, one on limited leave), it is worth speaking with a regulated immigration solicitor about your specific situation.
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