Immigrationboards.com

Hi,

Please advise.

This is for my wife's ILR application.
I was initially granted leave to remain under Skilled worker visa (a.k.a Tier 2) on Nov 2018 (for 3 years) and my wife was a dependent in the application and granted leave to remain as Tier 2 dependent. Our visas where extended until Nov 2023 (me as Skilled worker and my wife skilled worker Dependent). In June 2022, I switched to global talent visa and subsequently got my ILR through 3 year route in Sept 2022. My wife stayed as Skilled worker Dependent as she had leave to remain until Nov 2023. She will complete her 5 year in Nov 2023.

In this case, should my wife apply via SET(O) route or any other route?

Are there any guidance on this case?

Many thanks
Jrc

SET(O) is correct

Dependnat's current visa type does NOT matter under Global Talent ILR rules: indefinite-leave-to-remain/ilr-applicat ... l#p2122445

Thank you for the response. Much appreciated. Can you also look at the below please?

On this basis, for the application questions around "The person you are joining or accompanying" which is me, should I use my previous Skilled worker BRP or my current ILR BRP. Specifically there are some questions as below;

1- Enter their Home Office reference number. Should this be my skilled worker application ref. number which is not my current visa but my wife is a dependant?

2- Enter their biometric residence permit (BRP) number. Should this be my skilled worker BRP number which is not my current BRP but my wife is a dependant?

3- Which visa is I applying for or been granted? I am already with ILR and do not have nay option to select here.

TA
Jrc

1. Ignore that
2. Your ILR BRP number is fine
3. Their ILR is based on your previous status as Global Talent visa holder, so you choose that

Thank you again for your response.

Q1 and Q2 are clear - thank you.

However, for Q3, there is no option to choose a Global Talent Visa. The list only has the following;

Tier 2 (Gerneral) Visa
Skilled Worker Visa
International Sportsperson Visa
Tier 2 (Minister of Religion) Visa
Tier 2 (Intra company) Visa
Intra Company Transfer
Intra Company Graduate Trainee
High-potential individual visa
Scale up.

@zimba

Just realized that this question above only appears if I select the "skilled worker, Tier 2 or International Sportsperson Dependant" option at the beginning of the SET (O) form. Instead, if I select the "Tier 1 or Global Talent Dependants" option at the beginning of the SET (O) form, there is no Q3 in the application.

Note that my wife is still on "Dependant Partner Leave to Remain" via Skilled Worker and not Global Talent dependant.

I read in one of the questions previously that it is okay to select the "Tier 1 or Global Talent Dependants" option. Can you please confirm if this is correct?

TA
jrc

Forms change regularly so I am not familiar with all the forms. She does NOT qualify as a skilled worker dependent for ILR. I already showed you that the rules do not care about their visa path under the GTV rules, so that is the logic behind my suggestion to apply as GTV dependants.