Dependent ILR query - ICT + PBS - based on the new rules

[Win2022]

Hello experts,

Was reading through the topics and with the new rules around the ILR clock not reset for dependants when main gets ILR via Long residency and have the below questions.

Assume I get my ILR through LR route in January 2024 is there a possibility for my wife to get her ILR through 5 year route as she was on ICT + PBS ? Below are the details

When she first came to the UK

Date on the Visa page - 12 Jan 21
Arrived in Uk - 18 Mar 21
Type - Dependent ICT Partner

I switched to PBS in Aug 22 and she is currently on Dependent Partner visa.

She will complete 5 years in the UK in the first quarter of 2026 and will she eligible to apply for ILR through the 5 year route under the new rule ?

does the time spent on the Dependent ICT Partner count towards the 5 year eligibility route under the new rules?

If yes, the 5 years should be calculated based on the first visa start date (12/01) or from the date she arrived in UK (18/03) as the start date is based on ICT and not PBS.

Any thoughts on this?

Thanks.

[zimba]

Tier 2 PBS does not exist. You mean you are under the skilled worker visa and she is your dependant and you want to settle under long residence? There have been no rule changes, it has always been the case that such dependant can settle under skilled worker rules, UKVI simply clarified this better recently

ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

[Win2022]

Thanks Zimba.
Yes, I am currently in skilled worker visa but planning to apply for my ILR through 10 year LR route.

I went through this thread you mentioned but apologies I couldn't get a clarification on my specific scenario.

My wife came to the UK as Dependent ICT Partner in March 2021.

Date on the Visa page - 12 Jan 21
Arrived in Uk - 18 Mar 21

And switched to skilled worker Dependent Partner Visa in Sep 22.

1) when is the earliest my wife can apply for ILR ?

2)does the time spent on the Dependent ICT Partner count towards the 5 year eligibility
based on the new UKVI clarification ?

3)Or she has to spend five years on the skilled worker dependent before eligible ?

Thanks.

[Win2022]

This is what I found in the site but it does not clarify if it has to be 5 years continuous on the skilled worker dependent visa.

Qualifying period requirement for settlement as a dependent partner of a Skilled Worker
SW 42.1.
The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.

[zimba]

The rules make it clear that the exact visa route of the dependant does not matter. As long as they held valid visas for 5 years as the partner of the main applicant they can get ILR under the skilled worker route. Your wife can settle within 28 days of completing her 5 years, counting from the first visa issue date.

[Win2022]

Thanks Zimba, that really helps. And good to know it's the visa issue date than the first arrival date to be used for calculating the 5 year Qualifying period.

So based on this she willl be eligible to apply for ILR on 16th Dec 25 ? Correct.?

first visa issue date 12 Jan 21 - 28 days

Thanks.

[AmazonianX]

Thanks Zimba, that really helps. And good to know it's the visa issue date than the first arrival date to be used for calculating the 5 year Qualifying period.

So based on this she willl be eligible to apply for ILR on 16th Dec 25 ? Correct.?

first visa issue date 12 Jan 21 - 28 days

Thanks.

Correct

[Win2022]

Thank you very much for all your response and I could potentially apply for her ILR much earlier than I was expecting.

[Win2022]

Sorry, just realized there could be an issue with the dates and need your expertise.

On working out my wife's eligibility dates there will be a 75 days gap between her current skilled worker dependent visa end date and the eligible date (5 years - 28 days) for applying her ILR.

What options does she have ?

I am currently on Skilled worker visa but am planning to apply for ILR through 10 year LR route by this December.

Question - Can I still extend my wife's skilled worker dependant visa as I will have my ILR (main applicant) by then but its through LR 10 year route rather than 5 year skilled worker route ?
Is this still ok ?

Was going through some of the other posts and suggestions on similar scenario and extending dependants visa when main applicant has obtained ILR. Found this info but it doesn't s mention about the ILR type

the Home Office guidance confirms that if a main Skilled Worker visa holder has gone on to obtain settlement (i.e. ILR) or British citizenship, their dependent/s can either apply for permission to stay or settlement, assuming that they qualify. To extend your dependant visa, if the main applicant has ILR, you must have held permission to stay in the UK as their dependant before they settled in the UK.

[zimba]

If you read the contents of the link I shared above, Vinny says that an extension probably will not be possible after you settle (which makes sense). Only ILR is possible. The suggestion is to apply for an extension anyway, delay biometrics and do not enrol them, apply for a new ILR (vary the extension to ILR), delay biometrics until she reaches eligibility date

[Win2022]

Thanks Zimba, went through the link from Vinny as well and it makes sense.

However I have couple of questions on your suggestion.

When you say delay the biometrics for extn but do not enrol them - I get the first part on the delay, but what do you mean by 'do not enrol them' - guess your suggestion is to vary the application to ILR before the planned (delayed) biometrics date? what happens if I do not attend the biometric appointment?.

And does the biometrics booking date resets to another 45 day window from the date when I vary my application from Skilled Work extn to ILR set (O) ? To book another appointment later after I vary my application?

Thanks.

[zimba]

To ensure you get a refund, you do not enrol it. Also, you do not want that application to proceed. The ILR application will be treated as a new application as normal. If there were concerns like that, I would have not suggested it

[Win2022]

Thanks Zimba, I really appreciate your help and advise.

will ensure that I vary the application just before the biometrics enrolment date and skip the enrolment.

So when I vary the application for ILR it is treated as a new application and will have to book the biometrics separately for this ILR application but ensuring the enrolment date is after the ILR eligibility date.

Hope my understanding is correct?

And the 45 days window for biometrics - is it 45 calendar days or 45 working days?

Thanks.

[zimba]

Correct. 45 business days

[Win2022]

Thanka Zimba for all your advise and clarifications.!