Skilled Worker Dependent- Path to settlement(ILR)

[Ravi199210]

Hi all,

hope you are doing good.
I need some guidance around my ILR application-
scenario---
I came to UK (as a dependent )on my husband's ICT visa in Feb-2019, in April -2021 my husband switched to skilled worker, but I continued on ICT dependent for around 5 more months.
Now my husband is eligible to apply for the ILR in April -2026, as he will be completing 5 years on skilled worker visa.

But, by April 2026, I would have spent around 4.5 years on as skilled worker dependent visa.

But my overall stay in UK on dependent visa is more than 7 years now- 2. 5 years on ICT/PBS dependent + 4.5 years on skilled worker dependent and there is no gap at all throughout my stay in UK.

My question is - can I apply for ILR at the same time as my husband which is April-26, by counting/adding the time I have spent as ICT dependent?

We are completely confused as I have got a mix of opinions on this till now, also, few people mentioned as ICT visa does lead to settlement, so the time spent on ICT even for dependent does not get counted for ILR and the clock resets even for dependents only when we move from ICT to skilled worker, it does not get reset when we switch - for example -from tier-2 general visa to skilled worker visa

can someone please help us with this?

Thanks a lot

[lolo2]

My question is - can I apply for ILR at the same time as my husband which is April-26, by counting/adding the time I have spent as ICT dependent?

Yes you can.

Under the Skilled Worker route any time spent as a dependant - irrespective of the dependant visa type you've had before - can be counted for ILR.

[zimba]

There was never a separate dependant visa route for dependants under each part of the PBS system at all. This is a common misunderstanding. Under the old PBS system, there was just one PBS dependant route, so all dependants under the PBS system were issued visa under the same exact route. Under the current skilled worker rules for ILR, time spent under ANY dependant partner route counts towards ILR.

[Ravi199210]

Thanks a lot for your reply, and very sorry, I never thought this query would be such confusing for me, the reason is-
Recently I connected with few lawyers and most of them suggested that, the clock gets resets for both main applicant and dependent.

Also, one of the lawyers, came back saying- it used to go through fine earlier but recently he got to know from some of his lawyers forum that recently few such applications got rejected.

I am very sorry for asking too many questions- but just wanted to understand - if you know or if it is possible for you to find-if any of the recent application rejected with this reason, or even was successful in last few days.

I know I am asking for too much, but I am really confused, as I am not in a position to take any risk due to various reasons.

Many Thanks
Ravi

[zimba]

The advice given to you is largely common knowledge. There has been no report of refusal on this matter as the claims made by such lawyers has no basis in the immigration rules. There are many topics on the forum where applicants got terrible and incorrect advice from lawyers/advisors, etc. These advisors often do not know what they are talking about

Here is the relevant rule for dependants:

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.

As I said, there has never been a separate PBS dependant route for Tier 1, Tier 2, etc. They were all called the PBS dependant route and they were the same visa route. Then when Tier 2 became the skilled worker rules, the ILR rules simply asked for 5 years as a dependant partner of 'P'. Otherwise, people who spent time under the old PBS dependant visa could not even get ILR. You can even count the time under the family route (which is a totally separate route) as per the official guide. This is because the paragraph under the rules that I showed above, does not care about the actual route of a dependant partner visa.

Here is what the official guide says about the 5 years:

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

https://assets.publishing.service.gov.u ... routes.pdf

So ask any lawyer or advisor to explain why the official guide even allows the time spent under family route to count.

FYI This advice applies to all work related visa routes in the UK --> viewtopic.php?t=358914#p2205127