Switch visa from ILR to Work visa

HI admins.

I am a 21 year dependant living with my father and my father’s relationship with me is not great since the start. He abuses and talks very badly against me and my maternal family. I am quite fed up with his actions and I am thinking to moving out and living on my own. I also have spoken to him, and he said he will not support me in my visa application anymore.

I have applied for ILR in July 2021 and since then I have been waiting for a decision from Home Office about my application. I am on a dependant visa which my father is supporting me at this point. My question is if I want to change my visa from dependant to work visa to support myself independently, what is the process of switching from an ongoing application of ILR or any visa to work visa In my situation if my father is not supporting me?

Kindly advise me next as I am anxious and worried I might not get my ILR due to my father’s behaviour with his whole family.

Many Thanks,
Andy

First of all, you can not have two applications simultaneously - if you apply for work visa, your ILR application will be withdrawn. Consider waiting for the outcome if you're able to, as you won't be dependant any more.

If you want a work visa, you cannot just say "I will work, give me a visa" - you need work. That is, you need to find someone who is going to hire you and can give you a CoS (certificate of sponsorship). When obtained, you can apply ot switch to a Skilled Worker visa. But getting one might not be an easy task, depending on your qualifications.

Read this: https://www.gov.uk/skilled-worker-visa/your-job

Which category of visa did you have when you first came to the UK as your father's dependent? What expiry date did this visa have?

I had a "D- Child App FM (Standard)" and obsr: "Work Permitted" when i came to the UK. My visa expired on 28 August 2021. I have applied for my ILR due to my father taking a sole responsibility and being a single father, I was eligible for the ILR so i have applied.

MrAndy wrote: ↑

Sat Oct 14, 2023 2:47 pm

I had a "D- Child App FM (Standard)" and obsr: "Work Permitted" when i came to the UK. My visa expired on 28 August 2021. I have applied for my ILR due to my father taking a sole responsibility and being a single father, I was eligible for the ILR so i have applied.

What date did you first enter the UK on your Dependent visa?

I entered the UK on 20 December 2018.

MrAndy wrote: ↑

Sat Oct 14, 2023 3:22 pm

I entered the UK on 20 December 2018.

Under the family settlement route, the general criteria requires 5 years (2.5 + 2.5) of residence before qualifying for ILR. Are your circumstances different? This may be a reason for a decision on your application being delayed since 2021.

What is your father's residence status in the UK?

He is British and when i came to the UK, he had ILR. My mother also came to the UK with me and in 2020, she got divorsed. I live with my father now. When applied for my ILR, my father took the full responsibility of me and since then I have been his dependant. He also double checked with the solicitor that do we qualify for the ILR? Even solicitor said yes so we have submitted the application.

MrAndy wrote: ↑

Sat Oct 14, 2023 1:07 pm

I have applied for ILR in July 2021 and since then I have been waiting for a decision from Home Office about my application.

Suggest you contact your MP who will make enquiries at the HO. 2+ years is far too long waiting for a decision.

https://www.citizensadvice.org.uk/immig ... sa-delays/

Are you absolutely sure the ILR application was made? The only reason I ask it has been an unbelievably long period for a fairly routine application to be concluded.

Have you undertaken any checks about your status?

In my humble opinion do everything you can to remain on your current ILR visa route. If you move off the route it will set your ILR back to zero and cost you financially too

Frontier Mole wrote: ↑

Sun Oct 15, 2023 1:46 pm

Are you absolutely sure the ILR application was made? The only reason I ask it has been an unbelievably long period for a fairly routine application to be concluded.

Have you undertaken any checks about your status?

In my humble opinion do everything you can to remain on your current ILR visa route. If you move off the route it will set your ILR back to zero and cost you financially too

It is unlikely the OP applied for ILR as they arrived in the UK in 2018. His stepmother indicates that it was a visa extension that was applied for.

immigration-for-family-members/need-adv ... 40462.html

Casa wrote: ↑

Sat Oct 14, 2023 3:55 pm

MrAndy wrote: ↑

Sat Oct 14, 2023 3:22 pm

I entered the UK on 20 December 2018.

Under the family settlement route, the general criteria requires 5 years (2.5 + 2.5) of residence before qualifying for ILR. Are your circumstances different? This may be a reason for a decision on your application being delayed since 2021.

What is your father's residence status in the UK?

I wonder if he applied for ILR in error instead of a further 2.5 year extension, or if an application was ever actually submitted. Did the solicitor submit the application, as they appear to have given incorrect advice

Solicitor have made the application and also forwarded me the details and application reference number and Home office reference number as well. I have checked with my local MP and they said Home office replied with the response " The application was submitted before the expiry date of visa and is under consideration with the correct department at Home Office."

This gave me surety that my application was indeed submitted for ILR and was the correct one as my father was eligible to apply for my ILR at that time.

MrAndy wrote: ↑

Sun Oct 15, 2023 6:15 pm

This gave me surety that my application was indeed submitted for ILR and was the correct one as my father was eligible to apply for my ILR at that time.

The eligibility for your ILR doesn't come from your father. You need to be eligible for ILR by meeting the criteria, which includes the qualifying time you have resided in the UK as his dependent.

Under what grounds did the solicitor have in order to advise that you would qualify for ILR after only 2.5 years in the UK. i.e under the Immigration Rules regarding permanent settlement.