ILR Eligibility

[Paulivijay]

Hi,
I have a question regarding the date when I’m eligible to apply for ILR.
I was on an ICT Dependent visa and was working in a company. My employer decided to sponsor me and I was issued a CoS for 3 years and then for 2 years. The details are as below:

CoS Job start date - 1 Oct 2020
CoS Job end date - 30 Sep 2023
Visa application submitted - 17 Sept 2020
Visa issue/decision date - 29 Nov 2020
Visa end date - 14 Oct 2023

Cos Job Start date - 1 Oct 2023
Cos Job end date - 30 Sep 2025
Visa issue/decision date - 17 Nov 2023
Visa end date - 14 Oct 2025

Although I submitted my first application in Sep 2020, my decision was delayed due to Covid and I have an email from UKVI stating the delay due to Covid.

Can you clarify when I can submit my ILR application? Can I consider the Covid delay to my benefit in this case and apply now (as I had submitted my first application on Sep 17, 2020)? Please advise.

[zimba]

This is asked and answered many times before: viewtopic.php?t=354274#p2193676

Earliest date of ILR eligibility for you: 17 Sept 2020 + 5 years - 28 days

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

[Paulivijay]

Many thanks Zimba for your quick response and linking to other similar scenarios. This helps a lot.

[Paulivijay]

Hi Zimba,
I applied for my ILR and got it approved last week. Thanks again for your guidance.

Now I'm planning to submit applications for my children and have some questions. My husband is still on a SW visa and will complete 5 years by Dec 2026. My children were dependants on my SW visa which will expire on Oct 14, 2025. Can I submit applications to extend their visa as SW dependants using my old CoS which has now expired?

Also, my husband switched from ICT to SW dependant visa in Aug 2021. Shortly after that, he got a job with sponsorship and switched to SW visa in Dec 2021. Will this switch reset his clock or would he be eligible for ILR in Aug 2026?

Thanks!

[CR001]

Now I'm planning to submit applications for my children and have some questions. My husband is still on a SW visa and will complete 5 years by Dec 2026. My children were dependants on my SW visa which will expire on Oct 14, 2025. Can I submit applications to extend their visa as SW dependants using my old CoS which has now expired?

Yes. Their visa will be issued with the same expiry date as your husbands visa. They can also apply as his dependent. It makes no difference for them and their ILR.

Also, my husband switched from ICT to SW dependant visa in Aug 2021. Shortly after that, he got a job with sponsorship and switched to SW visa in Dec 2021. Will this switch reset his clock or would he be eligible for ILR in Aug 2026?

His clock reset when he switched yo his own skilled worker visa. He will qualify for ILR in December 2026.

[Paulivijay]

Thanks for the clarification.

The dependent application is asking for CoS Start and End dates. When I enter my expired CoS end date, it's complaining that the date is in the past. What date should I fill in here?

Also, my husband came to the UK with an ICT visa in Oct 2016. So he will be completing 10 years in Oct 2026. This means that he would be eligible for 10 years route in Oct and via the SW route in Dec, 2026. Which route would be the best option to apply for ILR?

Thanks!

[secret.simon]

Your children's immigration status will be in line with that of the second/less-privileged parent.

As you are on ILR, but your husband is still on Skilled Worker visa, your children's status will be in line with your husband's and they will become his dependents.

Therefore, I think you should use your husband's current COS details when applying for your children.

But wait for others to advise further on this point.

Be aware that the children will get an extension and will have to pay fees and IHS for a full three year extension (i.e. you can't choose a shorter visa extension).

[zimba]

I answered similar queries before: viewtopic.php?t=357892#p2200575

[Paulivijay]

Thank you for your response.

As suggested, I used my husband's CoS details which is valid from Jan 10, 2022 to Jan 9, 2027. When I try to pay the application fee, it's showing as GBP1751 for each of my children which is the cost for more than 3 years. Is this correct?

[lolo2]

The application form is not that intuitive. Adjust the valid from date and use a current date in 2025 e.g. today or whenever you submit the application.

[Paulivijay]

Hi,
Are you suggesting to change the CoS start date to today so the application fee is calculated correctly? Can we do that?

From this link, I see that the application fee is based on the CoS duration which is 5 years in our case for my husband (Jan 2022 to Jan 2027).
https://www.gov.uk/government/publicati ... -2025#fn:2

Although we are applying to extend the visa for just 3 years which is the default minimum, the application fee is calculated based on the CoS duration and we are asked to pay GBP1751 instead of GBP885 for each applicant. Is there an option to claim a refund if we go ahead with this?

To avoid this excess fee, can we use my expired SW CoS (I got my ILR before 10 days) which was issued for 2 years? Please advice.

Thanks!

[zimba]

The fee has NOTHING to do with the length of the extension
The £1,751 is the correct fee, as the length on the COS which was issued initially to the main applicant (YOU) was over 3 years.

[Paulivijay]

Thanks Zimba!

My CoS has expired on Sep 30, 2025 and I got my ILR too. The children were my dependents under my SW route. My husband has his SW CoS from Jan 2022 to Jan 2027. If we change our children to be his dependents, then we are asked to pay GBP1751 because of his CoS duration.

The question is why we should pay the application fee twice for the past duration (we paid the application fee when they were my dependents for the last 5 years and we are asked to pay for the full 5 year duration because of my husband's CoS dates). If this is how the system works, that's fine, but wanted to clarify if there is an option. Thanks!

[zimba]

The online form is not smart enough. They can stay as your dependants. As the ILR has no expiry, you can just enter a random COS end date to be after the application to avoid a higher fee. Your COS as an ILR holder is irrelevant for their decision making process. If you were issued a 3-year COS initially, they should pay a lower fee as your dependants. Do not use your husband's COS

[CR001]

So apply using your last cos with dates from date of application and adding 3 years for end date. The children will only get a visa with an expiry date in line with your spouse anyway, so still not a 3 year visa even though you have to pay fee and IHS for 3 years.

[Paulivijay]

Thank you both for the clarification and guidance. We will proceed as suggested.