Skilled Worker Dependent ILR

[oigene]

Greetings.

My situation with my spouse is that she has been my dependent on Tier 4 (over 5 years) and currently Skilled Worker visa (2021 to 2025 mid august). I recently obtained my ILR through 10-year-long route. Please I will like to know if my wife can combine her dependency visas (Tier 4 and Skilled worker) to apply for her ILR (set(o)) as she has been in the UK for a combined 9 years.

Your response will be much appreciated. Thank you.

[CR001]

and currently Skilled Worker visa (2021 to 2025 mid august).

Is this a dependent visa or is she a main Skilled Worker visa holder?? Your post isn't clear.

[oigene]

She is also currently a dependent on the skilled worker visa as well (expires mid August 2025)

[CR001]

She can apply for ILR now if she meet all the requirements. Use form Set(O) yes.

[oigene]

Wow. So just to confirm again, I did the 10-year ILR route and since my wife has had a 5-year continuous stay (she can combine her dependency tier 4 (over 5 years) and dependency skilled visas (over 3 years)), she really is eligible to apply for ILR as my dependent (Set(o)) and this 5-year continuous stay is not tied to just one specific type of visa route (skilled worker), right?

[CR001]

Correct. She needs to have held a dependent visa for 5 years to qualify for ILR.

[oigene]

Thank you very much. I have been at this for a while now and I just needed to be sure that we are doing the right thing.

[zimba]

Thank you very much. I have been at this for a while now and I just needed to be sure that we are doing the right thing.

Yes, she is in fact eligible for ILR.

[oigene]

I was also waiting for your response Zimba. You have seen the previous messages on my wife's timeline (9 years) on this thread.

[oigene]

Greetings. My apologies for asking again regarding my previous question, but I just needed to clarify that since I got my ILR through long residence (10-year route) and even though my last visa was as a Skilled Worker (I only got 4 years for it), will my wife applying for the dependent ILR (Set O) be the right form?

Please I apologise because I just spoke with someone who said that despite the SW42.1 stipulation, my wife does not qualify and that she will need to get an extension to her visa and then fill in a long residence form (10 years).

[zimba]

That 'someone' is wrong

Dependent Partners qualifying period
Dependent partners of Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Scale-up and Skilled Worker lead applicants must complete a 5-year qualifying period before they qualify for settlement.

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under these routes.

https://www.gov.uk/government/publicati ... accessible

[oigene]

gain settlement as a dependant under these routes.

From the above statement, does it mean that my dependent does not need to complete her own 10 years (2026) but can just use her own evidence of 5 continuous years (tier 4 and skilled worker dependent visas) to qualify for dependent ILR rather than it being 5 years on only one type of visa (skilled worker)?

[lolo2]

Yes, she can apply for ILR after being a Student dependant and Skilled Worker dependant for five years.

[oigene]

Yes, she can apply for ILR after being a Student dependant and Skilled Worker dependant for five years.

Ok and that is regardless of whether my ILR was obtained through long residence (10 years)?

[CR001]

Yes, she can apply for ILR after being a Student dependant and Skilled Worker dependant for five years.

Ok and that is regardless of whether my ILR was obtained through long residence (10 years)?

Yes!!

[oigene]

Thank you very much. I have been at this for a while now and I just needed to be sure that we are doing the right thing.

Yes, she is in fact eligible for ILR.

Hi @Zimba. I am relaxed over my spouse's eligibility now that I was able to find and confirm the information on the Gov. UK, the only thing I would like to reconfirm again is if it does not matter if my ILR was obtained using the 10-year route (LR) as long as my last leave was on a Skilled Worker visa (was given 4 years) right?

[zimba]

Did you read what I quoted above from official UKVI guide ??? It literally confirms that. Why do not need constant reassurance ???

[oigene]

Did you read what I quoted above from official UKVI guide ??? It literally confirms that. Why do not need constant reassurance ???

I apologise and I can see it's very annoying!! It is a lot of money that is being used here and before I came to this forum, I have been getting mixed messages from sources with more saying that I will be throwing my money away if I proceed with the ILR. Also, I had not seen any confirmed success cases similar to my own 10-year route (I did see just yesterday the case of the Tier 5 and Tier 2 dependent success which gave more more confidence).

Once again, I sincerely apologise!!!

[zimba]

The immigration system is NOT an 'experience based' system. It is a rule based system where you are required to follow the rules and procedures in place. There are many many cases on the forum who were granted ILR in the same way. The rules and the guides are very very clear. What some person says or feels is irrelevant when it clearly contradicts the rules, so I suggest ignoring them and following the rules and guides !

[oigene]

The immigration system is NOT an 'experience based' system. It is a rule based system where you are required to follow the rules and procedures in place. There are many many cases on the forum who were granted ILR in the same way. The rules and the guides are very very clear. What some person says or feels is irrelevant when it clearly contradicts the rules, so I suggest ignoring them and following the rules and guides !

We have finalised for submission. I am very positive about the outcome and hope to share the news when I comes out.

[oigene]

The immigration system is NOT an 'experience based' system. It is a rule based system where you are required to follow the rules and procedures in place. There are many many cases on the forum who were granted ILR in the same way. The rules and the guides are very very clear. What some person says or feels is irrelevant when it clearly contradicts the rules, so I suggest ignoring them and following the rules and guides !

We have finalised for submission. I am very positive about the outcome and hope to share the news when I comes out.

I know this is not the thread but please I was wondering for the consent and declaration forms, as the partner of the applicant, am I supposed to fill the consent form 3 (being that its a third-party sponsor) in addition to consent 2? The reason I ask regarding consent 3 is if I am supposed to also fill it since I am financially supporting my wife's application. I realised that for the consent question "Does the account with bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?" should have been NO but we filed in YES.

Your help will be appreciated.

[CR001]

No to Conseny form 3 question.

[oigene]

No to Conseny form 3 question.

Alright. So it should not be a problem if consent form 3 is not signed even though in retrospect, the applicant should have indicated "NO" to the question on supplying support documentation relating to another person providing financial support instead of "YES". The reason she selected "Yes" was that she regarded myself financially supporting her dependent ILr application as the third party support

[CR001]

A third party sponsor is financial support outside your family unit, like a friend or extended family member.

[oigene]

A third party sponsor is financial support outside your family unit, like a friend or extended family member.

Yes that is what i thought but we filled in Yes and now i am just concerned about this, when we should have just said no. Do you think this will an issue?