ILR Eligibility confusion for Skilled Worker dependents

[bkomal]

Hi Everyone,

I’m really confused about the ILR eligibility rules for Skilled Worker dependents on the gov.uk site.
One page says you must have lived with your partner in the UK for 5 years, but another section mentions that you can count either the date of application or the date of decision — whichever is more beneficial.'

Here are my details:
My visa vignette says “valid from 03 January 2021.”
I first entered the UK on 19 February 2021.
So I’m wondering — can I apply for ILR on 04 December 2025 (counting 28 days before the 5-year from the visa start date)?
Or am I only eligible from 22 January 2026 (28 days before the 5-year from my first entry date)?

Would really appreciate if anyone could clarify which date counts for dependents.

Thanks!

[zimba]

Whenever you see that the 'date of decision' is mentioned, it is almost always referring to the date of 'ILR decision' and NOT your initial application

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

The earliest date of ILR eligibility under your route is (the date of first visa approval + 5 years - 28 days)
Your date of entry is irrelavant

[bkomal]

Thanks so much, @zimba, for the detailed information.

However, it’s still not completely clear to me whether dependants can count the period between the visa start date (vignette valid from) and their first entry to the UK as part of the 5-year qualifying residence for ILR.

Most of the guidance I’ve read says dependants must have lived continuously in the UK with their Skilled Worker partner for 5 years.

So I’m wondering — does the time between the visa issue date and the first entry count as part of those 5 years, or does the 5-year clock start only from the date of arrival in the UK?

Would appreciate if anyone with experience or official clarification could help confirm this.

[zimba]

The date of entry is irrelevant.
This is what the official guide on Appendix continuous residence says:

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