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ILR for dependents while main applicant is settling in 10 year ILR route

Posted: Fri Sep 06, 2024 3:36 pm
by uds
Hi,
The clarification is regarding ILR eligibility for my dependents. I'm planning to apply for ILR when i complete 10 years by Aug 2026. I was in Tier 2 ICT and switched to skilled worker visa. Currently my dependent partner and child are in dependent visa. My dependents are in UK since March 2021.

Question: When I'm applying for ILR by Aug 2026, Is my dependent partner & dependent child eligible to apply for ILR by Aug 2026 itself as they will complete 5 years in dependent visa by Aug 2026 (3 years as ICT dependent + 2 years as skilled worker dependent)?

Can you please clarify?

In the below reference, it is mentioned as partner’s last work visa need to be skilled worker visa.
https://www.gov.uk/indefinite-leave-to- ... -work-visa
https://www.gov.uk/indefinite-leave-to- ... -work-visa
"
If your partner is already settled

You can apply for indefinite leave to remain as a dependant on your partner’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’).

You must have had permission to be in the UK as a dependant on their work visa when they settled.

If your partner is applying to settle

You can apply at the same time as your partner if both:

you’re a dependant on your partner’s work visa
your partner is applying to settle in the UK using their work visa
"

Re: ILR for dependents while main applicant is settling in 10 year ILR route

Posted: Fri Sep 06, 2024 4:26 pm
by zimba
Yes, they can settle by 2026 under the skilled worker route

Re: ILR for dependents while main applicant is settling in 10 year ILR route

Posted: Fri Sep 06, 2024 6:04 pm
by uds
Thanks for the response. One point which I need a clarification is, does my partner and child need to complete 5 years in skilled worker visa as dependent to eligible for ILR? Or the time spent in Tier 2 ICT dependent visa counts as well? Because, by 2026, though they complete 5 years, it will be 2 years skilled dependent (latest dependent visa) + 3 years tier 2 ICT dependent (past). Can you please confirm ?

Re: ILR for dependents while main applicant is settling in 10 year ILR route

Posted: Sat Sep 07, 2024 2:45 pm
by zimba
uds wrote:
Fri Sep 06, 2024 6:04 pm
Thanks for the response. One point which I need a clarification is, does my partner and child need to complete 5 years in skilled worker visa as dependent to eligible for ILR? Or the time spent in Tier 2 ICT dependent visa counts as well? Because, by 2026, though they complete 5 years, it will be 2 years skilled dependent (latest dependent visa) + 3 years tier 2 ICT dependent (past). Can you please confirm ?
Such a distinction is not made under the rules, 5 years in total as your partner is needed under any partner or dependant route. The child will follow your spouse

Re: ILR for dependents while main applicant is settling in 10 year ILR route

Posted: Sun Sep 08, 2024 8:18 pm
by uds
Thanks for clarifying my questions.