Skilled Worker Dependent ILR

[Bisie]

I have a few questions along the same line. I have a few questions related to the same topic.

1. Does a dependent’s ILR clock reset if they transition from a Tier 4 visa dependent to a Tier 2 skilled worker dependent towards the 10-year route to ILR?

2. I held a Tier 4 visa from January 2015 to September 2021 and then a skilled worker visa from November 2021 onwards. My family (two children and my spouse) joined me in November 2016. However, my spouse has been in and out of the UK in 2023 due to a parent’s illness. I am due to receive ILR in September this year. I am wondering if my children can apply for ILR with me without their father, considering the long stay interruption. If not, would they be eligible to apply for ILR in November 2026 via the 10-year route on their merit, and regardless of their father’s status?

3. Lastly, if I apply for ILR before my children or spouse apply for theirs, will their ILR clock test be affected?

I would greatly appreciate your assistance in clarifying these matters.

[zimba]

1. There was never a separate dependant visa route for dependants under each part of the PBS system at all. This is a common error. Under the old PBS system, there was just one PBS dependant route, so all dependants under the PBS system were issued visa under the same exact route

Needless to say that under the long residence route to ILR, any combination of visas can be included (apart from some visas like tourist visa, etc)

2. No, they cannot get ILR as child dependants unless both parents are either settled or settling with them. However, they can apply under the long residence route if they qualify on their own. In your case there might be a better way, as I explained below

3. You getting ILR has no effect on their visas. It seems your spouse has been your dependant since 2016 which means she is also eligible for ILR the moment you get ILR. They can all settle under the skilled worker route, assuming your spouse meets the absence limits. The fact that you settle under the long residence does not matter.

See: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

[Bisie]

Thank you so much, Zimba. I appreciate your advice. I will apply for my indefinite leave to remain in September 2025 without my family.

I have two more questions. Our current skilled worker visa expires on June 12, 2025. Therefore, I’ll need to apply to extend my skilled worker visa with my family, to reach that September 2025 and possibly beyond. Assuming I apply for a one-year or two-year extension and then apply for my ILR in September, will the remaining visa period be valid for my dependents? Or do my dependents need to apply for a new visa category as dependents since the main applicant has been granted IRL?

Lastly, there was about a little over three-month break during my tier 4 visas. I did my masters in January 2015, and left for my home country Induain 31st March 2016 with a month left on my visa. Then apply in applied for a PhD in early June 2016, and got the visa on 9th July 2016 and came back to the UK a few days later. Question: Do the 3 months plus break, breaks the continuous stay requirement for ILR?

Thank you again and look forward to hearing from you soon.

[zimba]

They can continue to extend under the same route even, if you even get ILR under the long residence route.
If you left the UK with a valid visa and returned within 180 days, your continuous residence is maintained under the long residence.

[Bisie]

They can continue to extend under the same route even, if you even get ILR under the long residence route.
If you left the UK with a valid visa and returned within 180 days, your continuous residence is maintained under the long residence.

Thank you so much, Zimba.

Could you please clarify one more thing? Assuming that my current SWV expires in November 2027 and I receive my Indefinite Leave to Remain (ILR) on November 2026, will my dependent be able to continue using the remaining duration of the SWV until November 2027? Or will they need to apply for a new visa after I obtain my ILR?

I appreciate your clarification.

[CR001]

Dependent visas remain valid when you get ilt.

Not sure why the thought is always that dependents suddenly have to change visa routes.