ILR for dependents and ECCTIS certificate "C1"

[gadresaurabh]

Hello Team,

Some background on our VISA dates before I ask my questions.

Me and my dependents (wife and son) all came to THE UK at the same time in April 2017. I am always the Main applicant and my BRP Permit status was "T2 ICT Long term Leave to Remain". My dependent's BRP permit status was "PBS dependant Leave to Remain"

Me and my Dependent's OLD ICT Visa details below

Valid from: 20-Mar-2017
Valid until: 25-Mar-2022

Then, in May 2021, I changed my employer and shifted to "Skilled worker Visa - which is route to Settlement".

My current skilled worker BRP status details as below

Type of Permit: "SKILLED WORKER LEAVE to REMAIN"
Place and Date of Issue: UK 12-May-2021
Valid until: 04-July-2026

My Dependent's VISA details below:

Valid from: 11-JAN-2022
Valid until: 04-Jul-2026 (same end date as Mine because I am the main applicant).

Since my dependents already had PBS dependent VISA Leave to remain valid till 25-Mar-2022, so I didn't file their Skilled worker dependent Visa till 11-Jan-2022.

Hence their current E-BRP VISA valid from date is 11-Jan-2022 and valid until date is: 04-Jul-2026 (same as Mine).

My questions are as below.

a) When I will be eligible for ILR in 2026, can I file ILR for my dependents at the same time as me OR their 5 year calculations will start from JAN 2022 and I will have to file their ILR in 2027. Basically my question is "when I will be eligible for ILR, will my dependents also be eligible on the same Date" because they were always with me since 2017.

b) As per the rule, I can apply for ILR 28 days in advance. So in my case, it will be around 14 or 15 May 2026 (because my start date is 12-May-2021) - Please confirm.

c) Me and my dependents have got NARIC (now ECCTIS certificate - Visa and nationality) with "CEFR level C1" issued to us. So, in this case my wife won't be needed to give the IELTS test and the ECCTIS certificate is sufficient for ILR. Please confirm.

Thanks
Saurabh

[CR001]

a) When I will be eligible for ILR in 2026, can I file ILR for my dependents at the same time as me OR their 5 year calculations will start from JAN 2022 and I will have to file their ILR in 2027. Basically my question is "when I will be eligible for ILR, will my dependents also be eligible on the same Date" because they were always with me since 2017.

Yes, they simply need 5 years as a dependent visa holder.

b) As per the rule, I can apply for ILR 28 days in advance. So in my case, it will be around 14 or 15 May 2026 (because my start date is 12-May-2021) - Please confirm.

Yes.

c) Me and my dependents have got NARIC (now ECCTIS certificate - Visa and nationality) with "CEFR level C1" issued to us. So, in this case my wife won't be needed to give the IELTS test and the ECCTIS certificate is sufficient for ILR. Please confirm.

It is EITHER B1 English OR ECCTIS for a foreign degree.

[zimba]

All you need to know about applying early, the application date, 28-day concession and more

[gadresaurabh]

a) When I will be eligible for ILR in 2026, can I file ILR for my dependents at the same time as me OR their 5 year calculations will start from JAN 2022 and I will have to file their ILR in 2027. Basically my question is "when I will be eligible for ILR, will my dependents also be eligible on the same Date" because they were always with me since 2017.

Yes, they simply need 5 years as a dependent visa holder.

b) As per the rule, I can apply for ILR 28 days in advance. So in my case, it will be around 14 or 15 May 2026 (because my start date is 12-May-2021) - Please confirm.

Yes.

c) Me and my dependents have got NARIC (now ECCTIS certificate - Visa and nationality) with "CEFR level C1" issued to us. So, in this case my wife won't be needed to give the IELTS test and the ECCTIS certificate is sufficient for ILR. Please confirm.

It is EITHER B1 English OR ECCTIS for a foreign degree.

Sorry but can you answer my question A) please again

Are you saying we all can apply for ILR in 2026 ?

[CR001]

They can apply within you. They simply need 5 years on ANY dependent visa to apply for ILR when you do.

[gadresaurabh]

They can apply within you. They simply need 5 years on ANY dependent visa to apply for ILR when you do.

Thanks for your answer, can you please paste the link or point me to gov.uk website where this is mentioned please

[zimba]

This is common knowledge but you do not find this on gov.uk. You have to understand the immigration rules. Here is the paragraph SW 42.1 of the immigration rule which tells you how the qualifying period is calculated for the skilled worker dependants:

SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

The ILR rules simply ask for 5 years as a dependant partner of 'P' (i.e. the main applicant). You can even count the time under the family route (which is a totally separate route) as per the official guide. This is because the paragraph under the immigration rules that I showed above, does not care about the actual route of a dependant partner visa.

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

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