ILR for Skilled Worker Dependent after 4.5 years

[drsarfraz]

Hi all,

I need your help to know this please.

My dependent partner entered the UK after me. Therefore, when I complete 5 years, they will be completing 4 and half years.

I can apply for ILR after 5 years but how can my partner get ILR because as per my understanding they also need to be in the UK for 5 years? How do we add 6 months extension to my partners visa so they can apply for ILR? I don't want to spend a fortune to apply for 3 years extension because IHS is costly. Is there a better way to complete the missing 6 months to be eligible for ILR?

Many thanks for any information that you can provide.

[zimba]

ILR qualifying period for dependants starts from the first visa issue date, the date entry is irrelevant. Did you apply for your first visas together ?

Note that there are no shorter extension periods available, so you cannot always avoid the 3-year extension and the IHS fees to cover the 6 month gap

[drsarfraz]

Many thanks for your reply. My partner applied visa few months after me. Shocked to discover that we need to pay for 3 years IHS just to spend another 6 months before applying for ILR.

With this, will my child (who is on the same visa status as my partner and born outside the UK) also need 3 years extension, so another amount of 3 years IHS just for 6 month?

Can my child apply for ILR after I have received ILR or they must apply together with my partner?

Thanks,

[meself2]

Can my child apply for ILR after I have received ILR or they must apply together with my partner?

Child born outside UK follows the immigration status of least privileged parent - can only apply ILR once your partner has applied/is granted one.

[CR001]

Shocked to discover that we need to pay for 3 years IHS just to spend another 6 months before applying for ILR.

It is not mandatory to apply for ilr on exactly 5 years. It is your choice to apply at that point

A person can apply at anytime oncr they reach 5 years and thereafter as long as they apply before their visa expires.

You should have applied initially for your dependents when you did to avoid this issue.

Also, if you applied for an extension within the uk, you could have asked for a CoS to cover this 6 months shortfall your dependents have, so a 2.5 or 3 year CoS after being on the initial visa for 3 years.

[drsarfraz]

I have not applied for ILR yet. Do you mean I should also extend my visa instead of applying for an ILR so I can get CoS validity for my dependent visas extension?

[zimba]

I have not applied for ILR yet. Do you mean I should also extend my visa instead of applying for an ILR so I can get CoS validity for my dependent visas extension?

No. she is referring to YOUR visa extension in the UK.
At this stage, your dependents must extend to cover up the shortfall. I suggest they apply just before visa expiry and use the standard service. They can also delay biometrics as much as they can for 45 days. This way they may end up not getting a decision by the time they are within 28 days of their 5 years (when eligible for ILR). So at that time, they will apply using form SET(O) again which varies their extension application to ILR. If this happens, they can recover the extension application and IHS fees as they will get a refund.

[drsarfraz]

Many thanks for your replies. As I understand, your suggestion is that I apply an extension for myself and my dependents but the problem is that I already have 5 years visa so how can I apply extension to cover up remaining 5 months of my dependents? Thanks

[zimba]

Many thanks for your replies. As I understand, your suggestion is that I apply an extension for myself and my dependents but the problem is that I already have 5 years visa so how can I apply extension to cover up remaining 5 months of my dependents? Thanks

No. We are NOT suggesting YOU apply for an extension, I do not understand how you got that impression. Your dependants can apply for ILR after you and on their own. You apply for ILR and your dependants will apply for extension separately. I already explained clearly the options they have

[drsarfraz]

Thanks for the clear information. Based on that, I have some queries. I would highly appreciate if you can let me know on the below please.

1. Do I need CoS when applying for ILR? If yes, do I need to request new CoS from my employer or I can use the old one which I used to apply for my skilled worker visa?

2. After I obtain ILR, will I need CoS for my dependents visa extension? If the answer is yes, will I be using the new CoS provided to me or the old one?

3. Is it worth paying for urgent processing of ILR?

Many Thanks again,

[zimba]

1. No. A CoS is not needed
2. No. A CoS is not needed
3. This is up to you. Note that super priority service is not guaranteed.
Also read: Online Application - Why there is no Super Priority Service Option ?

[drsarfraz]

Thank you very much. Few more questions please.


ILR requirements mention the below

continue to be needed for your job and meet the salary requirements after you get indefinite leave to remain - you’ll need a document from your employer (sponsor) to confirm this.

1. How do I proof the above if a CoS is not required. Is that a different document?

2. For a child born in the UK, when to apply for the passport? Is it after the main applicant obtains ILR or both the parents?

3. And if we add dependents to the ILR application, is that going to be cheaper or same price as when doing separate ILR applications?

4. Once again, for my dependents extension, do I need to pay full 3 years of IHS just when my dependents only need 4.5 months extension? Is there any way to save some money on this?

I highly appreciate your time and effort in replying me.

Many thanks,

[CR001]

1. You need a letter from your employer stating that.

2. The child is not british so you cannot apply for a passport. You have to apply to register the child as british on form MN1 and pay the fee after either parent has been granted ilr. Once approved and you receive the registration certificate, only then can ypu apply for a passport.

3. Your dependents do not qualify for ilr so you cannot add them to your application. Ilr fees are the same for each person applying. There is no discount.

4. Yes, you haveto pay for 3 years ihs as that is the visa length they apply for. No there is no way to save money. The visa length is determined by the immigration rules which states it is a 3 year visa.

[drsarfraz]

Great, many thanks.

I was thinking to wait a few months till my dependents can be eligible for ILR so we can apply one ILR application together. I can wait because my visa will still have sufficient days.

Do you think, this will have any benefit or I apply for my ILR as soon as I am eligible?

Thanks

[meself2]

There's no advantage in applying ILR together. You're totally fine applying whenever you're eligible.

[drsarfraz]

Thanks to all of you for helping me in clearing my doubts and providing with more information. I don't have any more questions. Many thanks