Dependent extension and ILR application

[Erfan_farhad]

Hello,

I have a question regarding the extension of my family visa and their ILR application, and I appreciate your help with this. A bit of background about our situation:

We came to the UK on a Tier 2 visa (dependent visa for my family, though). The visa was issued on 25 Sep 2020. I changed my visa to a Talent Visa in 2024 and obtained my ILR. My family’s visa expires on 14 July 2025. My plan is to apply for a 3-year extension for my family first (before their current visa expires), delay the biometric appointment for 45 days, submit the ILR application, and vary the extension application — submitting the biometric within the 28-day window. My questions now are:

1- I am pretty much sure this plan is valid, given your suggestions to other people in the same circumstances, but to have your confirmation — do you think this plan is valid?

2- What type of visa should they apply for? Is it a Skilled Worker Dependant visa or another type (given that I have ILR)? Is a CoS required?

3- If we delay the biometric for the visa extension by 45 days and submit the ILR application just before the 45 days end, the ILR application will be 2–3 days outside the 28-day window — but we can submit the biometric for the ILR application within the 28-day window. Does that create a problem?

I really appreciate your advice on these questions.

Thanks.

[zimba]

You do not need to apply for an extension at all. That will be waste of time and money. They will qualify by late August, which is 28 days from completing their 5 years. They should apply for ILR directly and delay the biometrics for 45 working days and they will get to late August without any issues.

They should apply using form SET(O) choosing 'Tier 1 or Global Talent dependants' category

[Erfan_farhad]

Thanks @zimba. Their current visa expires on 14 July 2025. If we apply the same day and delay biometric for 45 days it will be still a few days before 28-day window. Does that make any problem?

[zimba]

It should not if you go with the standard service

[Erfan_farhad]

Thanks Zimba.

[Erfan_farhad]

Hi Zimba,

I have another question regarding the child benefit and ILR application for my family and would appreciate your help.

I have been receiving child benefit since I got my ILR. Does that make any problem for my wife and children ILR application? They are still on Tier 2 dependent visa with "no public fund" restriction.

Thank you,

[zimba]

No

[Erfan_farhad]

Hi Zimba,

Thank you very much for your reply.
My family first entered the UK on 04 December 2020 (the visa was issued on 25 September 2020).
Does the time between 25 September and 04 December count towards the allowable 180 days outside the UK per year, and would it cause any issues for the ILR application?

To give you a full picture:
25 September 2020: Visa issued
04 December 2020: Entered the UK
14 July 2025: Visa expiry

We aim to apply for ILR before the visa expires and submit the biometrics in late August.

I really appreciate your help.

Thanks,

[zimba]

There are no issues

Counting the continuous residence period

Where a person is applying for settlement as soon as they qualify you will need to
calculate their period of continuous residence. See Check immigration history
section of this guidance on how to calculate the period of continuous residence.

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

Where the applicant is applying on the basis that they were born in the UK,
continuous residence is calculated from their date of birth.

https://assets.publishing.service.gov.u ... ce__1_.pdf

[Erfan_farhad]

Thanks Zimba.