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Hello,

We have a complicated situation with regards to ILR though we will complete 10 years lawfully. Kindly help to follow the suitable option. Thanks.

My husband came to UK with ICT Tier 2 visa on 07-02-2016. My child and I came to UK as his dependents on 26-06-2016. After 5 years I got skilled worker visa valid from 02-03-2021 and my husband and child became my dependents. Due to redundancy I lost job and my husband got skilled worker visa valid from 18-02-2023 valid until 25-04-2026 and we became his dependents.

Since we switched skilled worker visa, our ILR clock is reset and hence we are looking to go through 10 year ILR route.

My husband will complete his 10 years continuous stay on 07-02-2026 but we(me and child) will complete our 10 years on 26-06-2026 only and skilled worker dependent visa will end by 25-04-2026 itself.

Please advise what is the best option to follow here.

1. Do my husband need to apply for ILR first once he completes 10 years?
2. We(me and my child) have a gap of 2 months between visa validity(25-04-2026) and ILR eligibility(26-06-2026). Do we need to apply for skilled worker visa extension(need to get new CoS from husband's employer) or can we apply as ILR dependents?

Thank you.

For ILR under long residence, you should qualify on your own and apply on your own. Your husband applies when he is eligible.

Skilled worker dependants can extend their skilled worker dependant visas until eligible for ILR.
This is possible as per new guidance: indefinite-leave-to-remain/queries-abou ... l#p2113017

Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?

mari78 wrote: ↑

Thu Jun 15, 2023 7:09 pm

Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?

You MUST extend your dependent visas BEFORE they expire. Once they expire, you become overstayers. An extension will be for 3 years.

mari78 wrote: ↑

Thu Jun 15, 2023 7:09 pm

Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?

I already pointed out that it is possible. As Char pointed out above, you need to apply before your visa expiry. Note that you do NOT need to wait for your husband to apply for ILR or get ILR or anything else. You simply extend on your own and later apply for ILR on your own.