Dependent ILR query - ICT + Skilled Worker visa - based on the new rules

[mstalk]

Hi everyone ,

 I have some queries about indefinite leave to remain (ILR) in the UK.

I currently hold a Skilled Worker visa from 21st May 2021 , I Have held ICT Short term visa( from 1st August 2015 till 15th July 2016 ) and again ICT long term visa from (22nd oct 2016 to 20th may 2021 ), while my wife holds a dependent visa since Dec 2016(ICT Dependent visa& Skilled Worker dependent from May 2021) as a result, we are eligible to apply for indefinite leave to remain in 2026 via the 5-year route. Additionally, I first came to the UK in 2015 on ICT, which makes me eligible to apply for ILR this year via the 10-year route.

My question is whether I am eligible to apply for ILR this year through the 10-year route, while my wife could apply for ILR at the time as she has been my dependent for more than 5 years now( ICT dependent from Dec 2016 and Skilled Worked Dependent from May 2021 )

The gov.uk website states that "If your partner is already settled: You can apply for indefinite leave to remain as a dependant on your partner’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’). You must have had permission to be in the UK as a dependant on their work visa when they settled."

Based on the information I found on the gov.uk website, it appears that I can apply for ILR through the 10-year route first & she could apply for ILR independently at the same time. Could you please confirm if my understanding is correct?

And also my kids (5 year old and 1 year old ,both are born in UK ) should apply for ILR with me or they can apply independently after I get ILR.

Many thanks for your time and help.

[zimba]

Yes, they can settle under the skilled worker dependant route as you are under the skilled worker route when you settle (does not matter that you settle under the long residence). The child will settle with your spouse

Note that the long residence route has recently gone through some changes.
Read and make sure you are eligible: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[mstalk]

Thank you Zimba! it's really helpful.

I've got one more question, For example if i apply for ILR in August 2025 & gets it. and can my dependents (My wife, 2 kids ) continue staying in uk with their existing skilled worker dependent visa which is expiring in May 2026. is it considered as lawful residence ?

[zimba]

Yes. No visa ever becomes invalid as a side effect
Note that they have to apply using form SET(O) under the skilled worker dependant route

[mstalk]

"Note that they have to apply using form SET(O) under the skilled worker dependant route". : Need to do this when they are applying for ILR right ?

[zimba]

Yes

[mstalk]

Thank you again Zimba

[mstalk]

Hi Zimba,

I had one more query, apologies for asking too many questions.

i had taken English Test while applying for Skilled worker visa in 2021 but now i will be applying for ILR through 10 year route, do i need to test english test again now?

Thanks,

[zimba]

You can use the old test to satisfy the rules

[mstalk]

thank you Zimba