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Child on Skilled Worker Dependant Visa – Can We Travel After Parent Got ILR and Sponsorship Withdrawn?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Nbhg1123
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Skilled Worker ILR – COVID-19 Concession Not Applied – What Are My Options?

Post by Nbhg1123 » Wed May 14, 2025 10:39 am

I applied for ILR under the Skilled Worker route recently, but the Home Office has responded stating I am not yet eligible, claiming my 5-year qualifying period starts from 14 September 2020 (the date my Tier 2 application was granted). They say I would only be eligible from 16 August 2025.

However, I submitted my Tier 2 (General) application on 31 May 2020, and was:

In the UK at the time of application

Supported by a valid CoS

Permitted to work for my sponsor while the application was pending (under COVID concessions)

Working continuously during this period (I have payslips)

According to the Skilled Worker guidance (April 2025), time spent waiting for a decision on a permission-to-stay application between 24 Jan 2020 and 30 June 2021, where the applicant could work and had a CoS, should count toward the 5-year continuous period.

It appears the caseworker did not apply this concession in my case. I’ve emailed them requesting a review, quoting the guidance and offering to provide my CoS and payslips.

Has anyone been in a similar situation?

What was your experience?

Should I escalate if they don’t reconsider?

Would it help to involve an immigration solicitor at this point?

Any insights or advice would be much appreciated!

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zimba
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Re: Skilled Worker ILR – COVID-19 Concession Not Applied – What Are My Options?

Post by zimba » Wed May 14, 2025 3:19 pm

This is an error on their part. A solicitor cannot magically change anything, so their involvement will not be much beneficial to you. As I covered it many times before, the COVID concession applies and your qualifying period starts from the date of initial application. This is written in the immigration rules.

You have not received a decision yet, so I suggest waiting to hearing back. Worst case scenario, you can rectify this in AR.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nbhg1123
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Re: Skilled Worker ILR – COVID-19 Concession Not Applied – What Are My Options?

Post by Nbhg1123 » Wed May 14, 2025 3:54 pm

Thanks Zimba , will wait till i hear back from UKVi

Nbhg1123
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Re: Skilled Worker ILR – COVID-19 Concession Not Applied – What Are My Options?

Post by Nbhg1123 » Mon May 19, 2025 3:30 pm

Thanks Zimba , Received an approved decision today

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zimba
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Re: Skilled Worker ILR – COVID-19 Concession Not Applied – What Are My Options?

Post by zimba » Mon May 19, 2025 4:59 pm

Nbhg1123 wrote:
Mon May 19, 2025 3:30 pm
Thanks Zimba , Received an approved decision today
Congratulations :D
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nbhg1123
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Child on Skilled Worker Dependant Visa – Can We Travel After Parent Got ILR and Sponsorship Withdrawn?

Post by Nbhg1123 » Wed May 21, 2025 8:26 am

I was on a Skilled Worker visa, and my dependent child (born in the UK) holds a Skilled Worker Dependant visa valid until January 2026. I was granted ILR on 18 May 2025. Since then, my employer has withdrawn my sponsorship and informed the Home Office.

I’m planning to apply for my child’s British citizenship using Form MN1 (since I now have ILR and the child was born in the UK). However, we have plans to travel abroad in July 2025.

Questions:

Can I apply for MN1 for my child now, before we travel?

If I apply and complete biometrics before travel, is it safe for my child to leave the UK while the application is pending?

Will the withdrawal of my sponsorship affect my child’s current dependant visa or risk curtailment while abroad?

Is it safer to wait for the MN1 to be approved and a British passport issued before they travel?

Any advice or similar experiences would be much appreciated!

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CR001
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Re: Child on Skilled Worker Dependant Visa – Can We Travel After Parent Got ILR and Sponsorship Withdrawn?

Post by CR001 » Wed May 21, 2025 8:33 am

Your child is free to travel. The visa remains valid.
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Nbhg1123
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Re: Child on Skilled Worker Dependant Visa – Can We Travel After Parent Got ILR and Sponsorship Withdrawn?

Post by Nbhg1123 » Wed May 21, 2025 9:46 am

Will home office issues visa curtailment for dependant in such cases , what the best option i can choose from

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Re: Child on Skilled Worker Dependant Visa – Can We Travel After Parent Got ILR and Sponsorship Withdrawn?

Post by CR001 » Wed May 21, 2025 9:51 am

No UKVI don't. The dependent visas remain valid when you got ILR.

They are dependent on you, NOT your skilled worker sponsor.

You are overthinking this.
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