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zimba wrote: ↑

Wed Mar 13, 2024 11:47 pm

You should have applied for ILR with your husband. Under the Global Talent rules, you simply need to have been a dependent for 5 years to become eligible for ILR. The type of dependant visas you held does NOT matter at all.

When applying for ILR, you must choose the Tier 1/Global talent dependant option, NOT the skilled worker dependent option.

Hi Zimba,

I can saw how responsive you are in these kind of cases. Thanks for being helpful. I have the same case for my wife:

I obtained ILR through three years (Tier 2 + Global Talent Visa) route. What is the relevant option when I apply for ILR for her here:

"Tier 1 or Global Talent dependants"
or
"Skilled worker, Tier 2 or International Sportsperson dependant".

It is important to note that my wife is still on "PBS Dependant Leave to Remain" as they obtained last leave to remain when I was on Tier 2 Work visa. I later changed my visa to Global Talent Visa and subsequently obtained ILR.

If I applied as a Global Talent Dependent, this wouldn’t be correct as she didn’t apply for that. You are saying she is automatically became a GTD without applying. Any way to prove that from the Gov.uk guides?

Thanks a lot!

Ramy

First of all, do NOT tag your question on other posts !

"Tier 1 or Global Talent dependants" is correct. Under the GTV rules for ILR, the visa route of a dependant is unimportant. Her ILR eligibility is based on your previous status as a GTV holder and she will apply to get ILR via the same route. This is according to the relevant immigration rules.

She cannot apply as a skilled worker dependant as you did not settle under that route. As in the post you quoted above, you can see that UKVI will not proceed with such an application if ever made.

Hi Zimba,

Sorry I couldn’t create a new post for some technical reasons.

Thanks for your rapid answer. What you said 100% logic and make sense. However, I searched online in all possible GOV.UK guides in visas and I can’t see that clearly either in GT visas or ILR for dependent. Can you put a link supporting what you said to quote the rules in my cover letter?

Thanks

Ramy

You do not need to quote the rules to the UKVI, they are the ones writing and enforcing the rules.
I covered this before: indefinite-leave-to-remain/ilr-applicat ... l#p2122445

Hi Zimba thanks again

But how to ensure she was on GT dependent even she didn’t applied for. I checked the other thread you copied the url in GT 27.1, it is about settlement for dependent on GT which my partner didn’t apply to it practically. You implying that she becomes automatically on it without doing it.

What I need to know (if possible), if GT dependent is the correct route for ILR application, can you point to a clause in the guides mentioning the automatic transition to GTD even she didn’t apply for it? Sorry for the confusion.

Ramy

I do not imply such a thing at all as there is no automatic transition or anything like that. I am telling you that a dependant does NOT need to have been granted leave under GTV rules to qualify under GTV rules. The only requirement is that the spouse must have been granted ILR under GTV rules. GTV rules allow a dependant under any route to apply for ILR after 5 years. This means no switching or a change of visa is needed for such dependants in order for them to apply for ILR as GTV dependants. You may hold any dependant visa and apply as a 'dependant of the GTV' and qualify for ILR. The visa you are holding is irrelevant

This is very clear as per the rules I showed you and many have gotten ILR that way.