Query Regarding Visa and ILR for Dependants

[arun007]

Hi,
I arrived in the UK on a Global Talent Visa (GTV) along with my wife (GTV dependant) in September 2021. We got visas until September 2026. My wife travelled to India about a year ago for the delivery of our child, who was born in June 2024. As she has been outside the UK for more than six months, I understand that her clock for meeting the ILR residency requirement will reset upon her return. Recently, I was granted ILR under the 3-year GTV requirement. I would like to bring my child and Wife to the UK and I have a couple of questions regarding that. It would be great if someone could clarify this.

1. My understanding is that a child born outside the UK before a parent obtains ILR does not automatically qualify child for ILR. Could you please confirm if this is correct and advise on the appropriate route to bring my child to the UK?

2, Regarding my wife's visa, she currently holds a GTV-dependent visa valid until 2026. However, I believe she may need to switch to a Spouse visa to qualify for ILR. The UK government website mentions that time spent on different visa categories cannot be combined with Spouse visa for ILR qualification. Does this imply that her time on a GTV-dependent visa would not count towards her ILR eligibility if she switches to a Spouse visa?

I would greatly appreciate your clarification on these matters. Thank you for your time and assistance.

[meself2]

My understanding is that a child born outside the UK before a parent obtains ILR does not automatically qualify child for ILR.

Yes.

Could you please confirm if this is correct and advise on the appropriate route to bring my child to the UK?

Same way as your wife's visa - the child is your dependent.

The UK government website mentions that time spent on different visa categories cannot be combined with Spouse visa for ILR qualification. Does this imply that her time on a GTV-dependent visa would not count towards her ILR eligibility if she switches to a Spouse visa?

Yes, it will be a 5 year route once again from scratch. Why do you think she needs to switch, though?

[arun007]

Thanks for your reply. I was just wondering how long my child would need to stay in the UK to qualify for ILR in this case.

Regarding your question, 'Yes, it will be a 5-year route once again from scratch. Why do you think she needs to switch, though?'

Her visa as GTV dependant expires in September 2026. By then, she would have completed two years of stay. However, she cannot extend her visa as a GTV dependent because I have switched to ILR. She would need to apply for a Spouse visa instead. Wouldn't this be considered as switch from GTV dependent to ILR dependent while applying for her ILR?

[CR001]

The child will qualify for ilr when your spouse does.

There is no requirement to switch. Your spouse nd child simply applies close to expiry of current visa, for an extension, which will be a 3 year gtv dependent extension. The rules allow this when the main applicant has ilr.

[arun007]

Thank you very much for the help. I was not aware of this earlier.

I’ll then proceed by applying for a child-dependent visa for my child and extend my wife’s visa in 2026. Thanks again!

[CR001]

So to be clear, you apply for a gtv dependent visa for the child. It will have the same expiry date as your spouse's dependent visa.

Before their visas expire, you apply for a 3 year extension for both of them.

[arun007]

I am sorry. Is it possible to apply for a GTV-dependent visa for my child, as this would be her first visa application? For my wife, the situation was different, as she was already a GTV dependent before I got ILR.

[CR001]

I am sorry. Is it possible to apply for a GTV-dependent visa for my child, as this would be her first visa application? For my wife, the situation was different, as she was already a GTV dependent before I got ILR.

Yes, the same visa as your wife.

Your wife is not applying for anything now.

[arun007]

Yes, my Wife is not applying anything at this time and will be applying for extension in 2026. I will submit visa application only for my kid throuh GTV dependant. Thanks a lot!

[arun007]

Hi again, I am sorry. I just got confused about how a child can come to the UK through GTV dependent as I already have my ILR. I checked the same through the visa tool checker, which shows I need a family visa. The issue with the family visa cost is 1,846.
https://www.gov.uk/check-uk-visa/y/india/family/yes

[CR001]

Your child applies for the same visa category as your your wife.

They cannot apply for any other category visa. If you do, it will be refused and you lose the visa fee.

[arun007]

I am sorry to bring this up again. I think now understand why you said my child should be applying as a GTV dependent rather than an ILR dependent. I believe the UKVI generally expects a dependent child’s visa status to align with at least one parent’s visa category (the less privileged one). Therefore, I should apply for my child as a dependent of my wife, not me, since I am currently on ILR.

However, one catch is that my wife is not employed at the moment. I assume the UKVI will consider my employment (as the father) for financial proof and commitments.

[CR001]

There is NO financial requirement for GTV Dependent visas.

[arun007]

I just wanted to let you know that my daughter got her visa. Thank you so much for your help! I was about to apply under ILR dependant category and would have lost the fee - you really saved me. Thanks a lot.