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ILR for dependents on two different visas
Posted: Thu Dec 16, 2021 7:09 pm
by KomRaj
Hi there,
My dependents (wife and 2 kids) arrived in the UK along with me in 2015. They were on Tier 4 dependent visa until 2019. In May, they switched to Tier 2 (Skilled worker) dependent visa which they continue to hold to this date.
I am now a global talent visa holder who will soon apply for ILR.
My question is in regards to my dependents: Are they eligible to apply for ILR, given the fact that they have lived in the UK for more than 5 years? My worry is that they have lived in the UK for more than 5 years but on two different dependent visas (Tier 4 dependent visa and Tier 2 dependent visa). Can anyone share her/his experience on this issue?
Thank you.
Re: ILR for dependents on two different visas
Posted: Fri Dec 17, 2021 2:08 am
by zimba
Yes, your spouse qualifies after 5 years as your dependant partner (children follow the parents):
Last grant settlement requirement
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the
dependant partner or child of the lead applicant. This permission could be in a
different route. This applies to Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.
https://assets.publishing.service.gov.u ... routes.pdf
Re: ILR for dependents on two different visas
Posted: Fri Dec 17, 2021 8:47 pm
by KomRaj
Many thanks!
Re: ILR for dependents on two different visas
Posted: Mon Feb 14, 2022 6:06 pm
by KomRaj
@Zimba. In reference to my aforementioned case and your response, I believe "different route" indicates the route mentioned in the next line (highlighted in yellow). The following line is clear that other routes (I suppose Tier 4 visa is meant here) are subject to a validity requirement. Can you please shed more light on this? Thanks. I have extracted relevant section from
https://assets.publishing.service.gov.u ... routes.pdf
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the dependant partner or child of the lead applicant. This permission could be in a different route.
This applies to
Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.
Applications under some other routes are subject to a validity requirement regarding
the previous grant of permission.
Re: ILR for dependents on two different visas
Posted: Mon Feb 14, 2022 7:24 pm
by ywlgy
KomRaj wrote: ↑Mon Feb 14, 2022 6:06 pm
@Zimba. In reference to my aforementioned case and your response, I believe "different route" indicates the route mentioned in the next line (highlighted in yellow). The following line is clear that other routes (I suppose Tier 4 visa is meant here) are subject to a validity requirement. Can you please shed more light on this? Thanks. I have extracted relevant section from
https://assets.publishing.service.gov.u ... routes.pdf
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the dependant partner or child of the lead applicant. This permission could be in a different route.
This applies to
Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.
Applications under some other routes are subject to a validity requirement regarding
the previous grant of permission.
My understanding is "This" refers to the entire previous paragraph, not the "different route"
Re: ILR for dependents on two different visas
Posted: Tue Feb 15, 2022 11:51 am
by zimba
KomRaj wrote: ↑Mon Feb 14, 2022 6:06 pm
@Zimba. In reference to my aforementioned case and your response, I believe "different route" indicates the route mentioned in the next line (highlighted in yellow). The following line is clear that other routes (I suppose Tier 4 visa is meant here) are subject to a validity requirement. Can you please shed more light on this? Thanks. I have extracted relevant section from
https://assets.publishing.service.gov.u ... routes.pdf
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the dependant partner or child of the lead applicant. This permission could be in a different route.
This applies to
Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.
Applications under some other routes are subject to a validity requirement regarding
the previous grant of permission.
The bit you highlighted applies to the visa type the lead applicant holds, NOT the dependnats