ILR Dependent Query

[swapsahara]

• 1. I am completing 10 years in UK. I have been on 5.7 years on Tier 2 ICT, 1.6 years on PBS Dependent visa, 0.8 years on Global mobility and 1.8 years on Tier 2 Skilled visa. Am I eligible for ILR?
  
  2. I am completing 10 years in UK in May, but my current visa is till July 2026. If I apply for ILR in April-2025 and if my application gets rejected, then do I have to leave UK or will I be able to continue staying in UK on my current visa?

[zimba]

1. Yes, Assuming continuous lawful residence and you meeting the absence requirements
2. A refusal has no effect on your valid visa

Make sure you read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[swapsahara]

Thank a lot for confirming

[swapsahara]

Hi,

I am eligible for ILR within 3 months as I am completing 10 years in UK legally (from May-2015 till today).
My wife stayed in UK as below.
- 1 month (Aug-2015) - Tier 2 ICT Dependent visa
- 1 year (Jan2016 till Dec-2016) - Tier 2 ICT visa
- 4 months (Apr2017 till Sep2017) - Tier 2 ICT Dependent visa
- 5 years (Nov2018 till Oct2023) - Tier 2 ICT
- 14 months (Continued staying from Nov2023 till today) - Tier 2 ICT Dependent visa

Same number or months and years for my daughter as well. Only change is she was continuously on ICT Dependent visa.

Now that I am going to apply for ILR, do I need to apply for ILR Dependent for them? Or can they continue staying on ICT Dependent visa (valid till Jun 2026)?

[zimba]

So why is she not applying for ILR like you ?

[swapsahara]

I have listed all the time she was present in UK. All the other times she was out of UK. So she is not completing 10 years in UK. I thought they both are not eligible for ILR. Do you think they can also apply for ILR and their application will get accepted?

[zimba]

Why are they not completing their 10 years ? How exactly ? Did they have long absences ?

1. Yes, Assuming continuous lawful residence and you meeting the absence requirements
2. A refusal has no effect on your valid visa

Make sure you read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[CR001]

I have listed all the time she was present in UK. All the other times she was out of UK. So she is not completing 10 years in UK. I thought they both are not eligible for ILR. Do you think they can also apply for ILR and their application will get accepted?

Useful for you to list the date from and date to of absence rather than expecting us to work it out.

But just at a glance, her continuity of residence is broken between Sept 2017 to Nov 2018 so long residence ILR would fail.

[swapsahara]

Sure, I will take care of that next time.
Can you please help with original question.

Now that I am going to apply for ILR, do I need to apply for ILR Dependent for them? Or can they continue stay in UK on ICT Dependent visa (valid till Jun 2026)?

[swapsahara]

Hi,

I am completing 10 years in UK in May and eligible for ILR.
My dependents (wife and daughter) are not yet eligible for ILR. Their continuous residence in UK is from Nov 2018 till today).
Both my dependents are on Tier 2 Skilled Dependent Visa (valid till 2026).
Queries:
1. If I am applying for ILR for myself, do I necessarily raise their ILR Dependent visa? Or can they stay in UK on their Tier 2 Skilled Dependent Visa (which is valid till 2026).

2. If I have to apply for ILR Dependent for them, do they also need to take Life in UK test?

[CR001]

1. They can stay on the current visas.

2. LiUK is only for ILR, not any visa extension.

[swapsahara]

Thanks.

2. I mean, I am applying for them for ILR Dependent, so they will be changing from Skilled Dependent to ILR Dependent, then do they have to take LiUK test?

[CR001]

They do NOT have to change visa category. There is NO such visa category as "ILR dependent".

If you mean applying for ILR when they qualify, then yes LIUK and English B1 is mandatory for all applicants 18 and older.

[swapsahara]

Thanks.

The problem is I am going to move to ILR this May.
However, my dependents will not be eligible for ILR till 2028 Nov.
Right now they have Skilled Dependent visa which is valid till Jun-2026.
If there is no ILR Dependent, then how can they continue staying in UK after Jun-2026 since I will not be able to apply for their Skill Dependent visa extension as I will not be on Skill visa that time.

Can you please help in understand how they can continue staying in UK after Jun-2026. What visa category they need to move to?

[zimba]

The fact that you will not be under the skilled worker route is irrelevant. They still can extend under the skilled worker dependant route as you were under that route and they were your dependants.

A successful case of extension for dependants after the main applicant settled under long residence:
https://www.immigrationboards.com/viewt ... 4#p2134277