ILR application for Dependents

[majeed98217]

Hi all,

I need some guidance around ILR application. Although it is too early to ask this, but thought I would prepare myself in advance.

My family seems to be short of some days to qualify for the 5 year continuous residency, below is the breakdown of their leave to remain.

Visa issued - 12/06/2023
Date arrived in the UK - 11/07/2023
Current Visa Expiry - 02/05/2028

While I qualify to apply for the ILR, even if I discount the 28 days allowed for the early application my dependents are still short of some days.
My question is do I have to extend my wife's and kids visa first to complete the 5 year residency rule or is there a way to apply directly for ILR? My kids will all be under 18 in 2028.

Thanks
Majeed

[zimba]

What is your immigration route ?

[majeed98217]

Hi Zimba,

I'm on a Sponsored Skilled worker Visa.

Thanks
Majeed

[majeed98217]

Hi Zimba,

Please can you help me with my query.

Thanks
Majeed

[zimba]

They do not need to extend. You apply before visa expiry and rely on the date of ILR application

See: Applicants can benefit from the date of the ILR decision

[majeed98217]

Hi Zimba,

Many thanks for your response. I followed the link that you've provided and understood the requirements now. I will follow your advice to apply before the expiry and delay the Biometrics to complete the 5 year period for my wife.

The final question that I had was, I qualify for ILR at the end of 2027, would it be a good idea to apply individually first with priority service and once I have the ILR, make the application for my kids? As I don't think the 5-year rule applies to kids as long as one of the parents hold ILR? Then finally deal with my Wife's ILR in 2028?

Thanks again
Majeed

[zimba]

Kids do not have a residence requirement, however they can only settle when both parents are settled. They cannot settle when only one parent gets ILR as they will have to follow the immigration path of the less privileged parent

[majeed98217]

Hi Zimba,

Appreciate your quick response. And thanks for clearing my incorrect knowledge around Kids settlement. So in that case would they be able to apply the same time as my wife in 2028 or would they have to wait until she gets the settled status?

Apologies for asking so many questions.

Thanks
Majeed

[CR001]

They can apply when she applies.

[majeed98217]

Thank you! both. Can't thank enough for the guidance. Hoping after the new Immigration white paper we will still be allowed to apply for ILR after 5 years and not 10 years

God Bless!
Majeed

[zimba]

It is very unlikely that people who already have visas will be affected.