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Dependent on Student, PSW & Skilled Worker Visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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vishyvins
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Dependent on Student, PSW & Skilled Worker Visa

Post by vishyvins » Sat Jan 27, 2024 9:46 pm

Dear Moderators

I am the main visa applicant and I arrived in the UK in Oct 2020 on a Tier 4 / Student visa. My wife and my 13 year old child (who studied in a grammar school here and is now in college) were my dependents. In Feb 2022, I switched from a Tier 4 visa to a PSW / Graduate visa and my dependents became dependents on the PSW visa. In June 2023, I switched to a Skilled Worker visa and my wife and child became dependents on the skilled worker visa.

I understand that as the main applicant, I will be eligible to apply for ILR only in June 2028 (5 years from the start of the skilled worker visa as time spent on the student and PSW visas do not count towards settlement).

My question is for my dependents (wife and child):
Time spent as dependent on student visa : 1 year 4 months
Time spent as dependent on PSW / graduate visa: 1 year 4 months
Time spent as dependent on Skilled worker visa : 8 months (as on date)
Adding up the times above, they have completed 3 years 4 months as on date on dependent visas in the UK. Will they be eligible to apply for ILR in October 2025 (when they would have been in the UK for 5 years) while I continue to be on a skilled worker visa?

Thank you in advance and would be grateful for your help and direction.

Best regards
Vishy

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CR001
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Re: Dependent on Student, PSW & Skilled Worker Visa

Post by CR001 » Sat Jan 27, 2024 10:11 pm

As skilled worker dependenta, they cannot get ilr before you, the main skilled worker visa holder. The rules do not allow this for ilr based on 5 years for their visa category.

They only qualify for ilr when you do or once you already have ilr.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Dependent on Student, PSW & Skilled Worker Visa

Post by zimba » Sun Jan 28, 2024 3:04 am

Dependent visa holders can ONLY settle either alongside their partner or after them. The fact that they lived here for 5 years is just one of the requirements but it is not enough on its own to settle
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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