Eligibility for ILR as a Dependent

[Samirmadani]

Hello everyone,

I am seeking advice regarding my eligibility for ILR (Indefinite Leave to Remain) as a dependent. Here is a brief overview of my situation:

• I have been in the UK since 10 September 2019 on a student dependent visa.
• On 06 January 2021, I switched to a Global Talent dependent visa when my husband did the same. My husband obtained his ILR in January 2024 after 3 years on the Global Talent visa.
• My current visa is valid until 06 January 2025.

I have two questions:

1. Does the time I spent on a student dependent visa count towards the 5-year requirement for ILR, considering my husband has settled under the work route?
2. By the time my current visa ends, I will be 4 days short of the full 5-year period. Will I need to extend my current leave to remain for another 3 years to meet the 5-year requirement, or are there alternative ways to address this shortfall?

Many thanks for your assistance!

Best regards,

[Samirmadani]

Any help would be much appreciated please

[vinny]

1. I believe GT 30.1. may include a leave as a student dependant partner.

If you have been a dependant partner continuously since 10 September 2019, then I believe that you may apply for ILR from 13 Aug 2024 and before expiry of leave, subject to KoLL, etc.

[zimba]

Time spent under any dependant route and even family visa route, will count.
I covered this here: viewtopic.php?f=44&t=347772&p=2166414#p2166414

[vinny]

Thanks for confirming!

[Samirmadani]

Time spent under any dependant route and even family visa route, will count.
I covered this here: viewtopic.php?f=44&t=347772&p=2166414#p2166414

1. I believe GT 30.1. may include a leave as a student dependant partner.

If you have been a dependant partner continuously since 10 September 2019, then I believe that you may apply for ILR from 13 Aug 2024 and before expiry of leave, subject to KoLL, etc.

I apologise as I have made mistakes when I was writing this as I was very tired.

The mistake is regarding the dates, I have actually:

• Been in the UK since 10 JAN 2020 on a student dependent visa.
• On 06 January 2021, I switched to a Global Talent dependent visa when my husband did the same. My husband obtained his ILR in January 2024 after 3 years on the Global Talent visa.
• My current visa is valid until 06 January 2025

I understand that when main applicant switches to ILR, dependants can apply for ILR when they have accumulated 5 years dependent leave as long as their last leave was the one that led to main applicant settling.

I guess my main question is:

will I be able to switch from 13 Dec 2024, (5 years less 28 days ) knowing that My dependent leave expires on the 6th so 4 days before I complete the full 5 years? .

Many thanks and huge thanks for the help.

[zimba]

I understand that when main applicant switches to ILR, dependants can apply for ILR when they have accumulated 5 years dependent leave as long as their last leave was the one that led to main applicant settling.

Incorrect.

You just need 5 years under ANY dependant route. As you see above, even your current dependant visa route is NOT important at all when you want to settle under the GTV rules. So you can apply as you were the dependant of the GTV applicant without actually having a visa as a dependant under GTV.

Apply for ILR within 28 days of completing your 5 years.

[Samirmadani]

I understand that when main applicant switches to ILR, dependants can apply for ILR when they have accumulated 5 years dependent leave as long as their last leave was the one that led to main applicant settling.

Incorrect.

You just need 5 years under ANY dependant route. As you see above, even your current dependant visa route is NOT important at all when you want to settle under the GTV rules. So you can apply as you were the dependant of the GTV applicant without actually having a visa as a dependant under GTV.

Apply for ILR within 28 days of completing your 5 years.

Thank you very much for your precious help.
I think you might have missed my concern. I understand I can apply 28 days before I have a full 5 years continuous residency. My concern is my visa will expire before I fully officially finish the 5 years. I came to the UK on the 10-01-2020 and It expires on the 6-1-2025. I hope you get my point.

Thank you for your invaluable help.

[zimba]

You do NOT need 5 years for ILR, the earliest eligibility date is 28 days from completing 5 years of lawful residence. Section 3C also helps to get there.

All of this is fully covered here: Applicants can benefit from the date of the ILR decision

[Samirmadani]

You do NOT need 5 years for ILR, the earliest eligibility date is 28 days from completing 5 years of lawful residence. Section 3C also helps to get there.

All of this is fully covered here: Applicants can benefit from the date of the ILR decision

Thank you so much