ILR for GTV dependant

Hi,

I have a couple of questions regarding ILR applications under the Global Talent dependant visa and hope you can help me with them.

I entered the UK in Oct 2018 on a Tier4 visa and my family joined me in the UK as my dependants (on the PBS dependant visa) in Nov 2018. In Feb/2022, I got a Global Talent visa and in Mar/2022 my family became dependent on my new visa (Global Talent dependent). I want to share my Global Talent visa dates:

- The online application was submitted on 6/Feb/2022.
- The BRP appointment was on 8/Feb/2022.
- I received the decision email on 9/Feb/2022.
- The decision email says the visa is valid until 9/Feb/2025.

And here are the dates for my family's visa:
- The online application was submitted on 10/Feb/2022.
- The BRP appointment was on 24/Feb/2022.
- We received the decision email on 14/Mar/2022.
- The decision email says the visa is valid until 9/Feb/2025.

My Questions:
1- On this webpage (https://www.gov.uk/indefinite-leave-to- ... ly-members) it says the following: "Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant)." Does this mean that my dependant can include the time spent in the UK as my Tier 4 dependant to count for the 5 continuous years required for ILR?

2- I had a son born in the UK in May 2023 and directly I applied for a Global Talent dependant visa for him. According to the following statement: "Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens." (source: https://assets.publishing.service.gov.u ... t_2023.pdf), he doesn't need ILR and I can apply for his nationalisation directly when I get my ILR. His current dependant visa is valid until 9/Feb/2025. I will be applying for ILR 28 days before 9/Feb/2025 but my question is, what should I do if I don't get my ILR until after 9/Feb/2025 when my son's visa is expired? Do I need to extend his visa while waiting for my ILR?

Thanks an advance for your help.

Regards,
Karim

1. Yes. Under the GTV rules for ILR, the visa route of a dependant is unimportant. Their ILR eligibility is based on your previous status as a GTV holder as long as they spent the last 5 years as your dependant under ANY dependant route.

2. Correct. The child can be registered as a British once a parent becomes settled. Such a child does not need a valid visa or ILR, so it does not matter if his visa runs out.

zimba wrote: ↑

Mon Apr 29, 2024 1:58 am

1. Yes. Under the GTV rules for ILR, the visa route of a dependant is unimportant. Their ILR eligibility is based on your previous status as a GTV holder as long as they spent the last 5 years as your dependant under ANY dependant route.

2. Correct. The child can be registered as a British once a parent becomes settled. Such a child does not need a valid visa or ILR, so it does not matter if his visa runs out.

Thanks for your response.