Dependant visa ILR questions

babsang · Post by **babsang** » Wed Aug 30, 2023 10:24 pm

Dear moderators,

I have obtained ILR recently from Skilled Worker few days ago and have questions about obtaining ILR for my wife(https://www.gov.uk/indefinite-leave-to- ... -work-visa).

I have had Visas from August 2018 for 5 years(mixed Visas - rep. overseas business and switched to Skilled Worker) and my wife also has had dependant visas on me throughout this time. However, she has not yet completed 5 years of continuous residency as she arrived in UK a year later than me, August 2019.

My questions are:

1. When will she qualify for ILR?
Will her continuous residency qualify in August 2024?

2. Her current visa has long expire date. Should my wife extend it?
My last Skilled Worker visa had an expiry date of March 2026 and so does hers. According to the website (https://www.gov.uk/skilled-worker-visa/ ... r-employer),

Your partner or children will need to apply separately to update their visa. They can either apply at the same time as you, or at any time before their current visa expires.

It sounds like her visa works separately and is valid until its expiry date. If so, can my wife just wait for one more year as is and apply ILR then? Or extend it anyway and then apply for ILR?

3. Financial requirements
The website(https://www.gov.uk/indefinite-leave-to- ... -work-visa) says:

Financial requirements
You must both:

have enough income to support yourselves and your dependants
not be using public funds

and sounds vague. So tried to find out what is more specific and found(https://assets.publishing.service.gov.u ... rement.pdf):

partner with no children or no children who are subject to the income
requirement – £18,600

Does this £18,600 apply to her ILR application case(we don’t have kids)? Also, what if I am jobless when she applies her ILR? It does not matter as long as either one of us qualifies?

Many thanks for taking your time!

Post by **zimba** » Wed Aug 30, 2023 11:51 pm

1. She needs 5 years as a your dependant, so she will be eligible within 28 days of completing her qualifying period
2. Her current visa remains unaffected and will be valid until its expiry
3. The guide you referenced is for people who are under Appendix FM (the family route) and does NOT apply to dependant family members like your spouse. Skilled worker dependants do NOT have any financial requirements to fulfil

babsang · Post by **babsang** » Thu Aug 31, 2023 12:26 am

zimba wrote: ↑
Wed Aug 30, 2023 11:51 pm
1. She needs 5 years as your dependant, so she will be eligible within 28 days of completing her qualifying period

Noted. As I stated I’ve had multiple types of visas so maybe what you mean is dependant visas on my each visas(dependant on rep. overseas business and another dependant on skilled worker)?

2. Her current visa remains unaffected and will be valid until its expiry

Great.

3. The guide you referenced is for people who are under Appendix FM (the family route) and does NOT apply to dependant family members like your spouse. Skilled worker dependants do NOT have any financial requirements to fulfil

Thanks, then just to make sure, there’s nothing to evidence with the phrase “have enough income” on the https://www.gov.uk/indefinite-leave-to- ... -work-visa?

Post by **zimba** » Thu Aug 31, 2023 1:21 am

As long as she has been your dependant for 5 years, she qualifies. The routes do not matter. There is no financial evidence required

babsang · Post by **babsang** » Thu Aug 31, 2023 1:35 am

Many thanks Zimba. It helps me indeed.

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