ILR Eligibility

[tj123]

Dear Moderators,

Could you please check my visa history and let me know if I am eligible to apply for Long residence ILR in a couple of days. I am particularly concerned about if my continuous residence is broken, for the long residence qulaifying period.

Visa 1 - ICT Short term Valid from 06th July 2015 till 09th July 2016
Entered UK on 1st Aug 2015, exited on the last date 09th July 2016
Visa 2 - ICT Long term Applied on 12th Aug 2016
Valid from 22nd Aug 2016 till 01 Sep 2021
Entered UK on 5th Sep 2016
Visa 3 - Extended by 1 year (in time extension)
Visa 4 - Extended by another 2 years (in time extension)
Visa 5 - Skilled worker visa (Applied in time)
Issued on 27th Sep 2024, Valid till 1st Sep 2026

As I completed 10 years and will complete 1 year on current visa by 27th this month, am I eligible to apply for Long residence ILR?
Is the period between my 1st & 2nd visa considered as a break in lawful residence for this calculation? Kindly advise.

[zimba]

There is no break. There is no need to be on the current visa for 12 months.
Refrain from making up your own interpretations from what you've heard

Read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[tj123]

Thanks Zimba for confirming there is no gap.

For the 12 months period, I was interpreting the guideline (about being in the same immigration route) as Skilled worker & ICT/Global mobility as separate routes. Did I get it wrong? It will be good to confirm

[zimba]

Thanks Zimba for confirming there is no gap.

For the 12 months period, I was interpreting the guideline (about being in the same immigration route) as Skilled worker & ICT/Global mobility as separate routes. Did I get it wrong? It will be good to confirm

Click on the link I posted above

[tj123]

Ofcourse I had checked on that link.
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application

As I mentioned, I was considering visa under ICT/Global mobility and my latest skilled worker as separate immigration routes. Are they the same? If so, apologies for not undertanding that.

[zimba]

They are separate routes, no need to worry

[tj123]

Thanks Zimba. I have waited for 1 year in my new skilled worker visa anyways, so not worried now. Still unclear though if it was required for me to wait.

Separately, while applying set LR I can see too many documents being mentioned in my checklist & application form had questions about partner details & children details. Checklist mentions documents for the relationship, address proof, immigration status proof etc for them as well.
Wonder if these are required at all. I have them, but how is even relevant to set LR.
My understanding was I need to upload passports covering last 10 years with the immigration stamp pages.
LIUK is a reference number (entered in the application) and Proof of english was already used in my skilled worker visa.
So, only the 2 passports and a consent form required?

[zimba]

Yes, you had to wait as moved routes after April 2024. The document checklist is generic. If you provide family details, it mistakenly thinks you need to provide cohabitation evidence and asks for it. It is an error. SET(LR) has nothing to do with your family. You only need to scan biometric pages and those with stamps over the last 10 years.

[tj123]

Thanks Zimba. Applied with only passports & received approval today (within hours of biometric)!

[tj123]

Dear Moderators,

Could you please advise on the ILR eligibility for my spouse & (Non UK born) children. I have received ILR using the LR route 2 months back.

Spouse:
Visa 1 - ICT Short term dependent valid from 25th Mar 2016 till 09th July 2016
Entered UK on 26th Mar 2016, exited on 30th May 2016
Visa 2 - ICT Long term dependent applied on 12th Aug 2016
Valid from 22nd Aug 2016 till 01 Sep 2021
Entered UK on 5th Sep 2016
Visa 3 - Skilled worker visa
Issued on 21 st Jan 2021 Valid till 14th Apr 2026

Children:
Visa 1 - ICT Short term dependent valid from 25th Mar 2016 till 09th July 2016
Entered UK on 26th Mar 2016, exited on 30th May 2016
Visa 2 - ICT Long term dependent Applied on 12th Aug 2016
Valid from 22nd Aug 2016 till 01 Sep 2021
Entered UK on 5th Sep 2016
Visa 3 - Extended by 1 year (in time extension)
Visa 4 - Extended by another 2 years (in time extension)
Visa 5 - Skilled worker dependent visa (Applied in time)
Issued on 27th Sep 2024, Valid till 14th Apr 2026 (Although they are SW dependent on my visa, their validity is based on my spouse visa earlier end date)

Could you please help me with the below:
1)My spouse is eligible for LR route ILR on 22nd Mar 2026? Please confirm
2)My spouse is also eligible for SW 5 year ILR route on 24th Dec 2025? Please confirm
3)Will the kids have to apply at the same time as my spouse or can they wait?
4)Is there a 10 year citizenship route for my children? If so, can they apply directly and avoid paying hefty fees for their ILR?
5)I suppose if we dont get the citizenship (including ceremony completed) by 14th Apr 2026, we have to apply for ILR. If so, can I save money by applying for normal route and cancel their application once citizenship is sorted (assuming it works) and get back the money? I know I can delay biometrics by a period (donno if its 30 days or 40 days), but biometric is completed will they refund money?
6)What happens to section 3c leave if I cancel the ILR application?
7)I suppose I have to wait 12 months from my ILR date (LR route) for me to apply for citizenship. Please confirm
8)Will my spouse also have to wait 12 months? OR she can apply as soon as I get citizenship?
9)Any other speedy/less costly options for any of us here? Too much money to find in the next 1 year

Sorry, too many questions. Kindly help

[zimba]

• Your spouse and child have been already eligible to apply for ILR since you got ILR, under skilled worker route. A single SET(O) application can be used for both.

• You need to wait at least 12 months from the grant of your ILR to become eligible for naturalisation. Only spouses of British citizens do not have such requirement

• Non-UK born children do not have any automatic entitlement to British citizenship at all. They can settle only when one parent is British and the other parent at least holds ILR. The child is also expected to hold ILR. Both your spouse and the child must secure ILR first. There is no shortcut

[tj123]

Thanks Zimba for the response.

Just a couple of follow up questions to be sure I understand my options.

My spouse was a dependent (I was on ICT visa that time) till 2021. In Jan 2021, she received her own skilled worker visa.
Since she was not a dependent on my skilled worker visa, will she be eligible now as I have now ILR(through LR route)? Please confirm.

If she is not eligible & has to wait for her 5 year SW period or 10 year LR period, can the children apply early under Set O? I suppose not

Is there any benefit of my spouse getting her ILR in her own route (SW 5 year or LR) rather than as my dependent?

[zimba]

In that case, she will be eligible under the skilled worker rules on her own, next month. Your status is irrelevant as she is no longer your dependant. The children always follow the immigration path of the less privileged parent so they can only settle with your spouse

[tj123]

Thank you Zimba. One more question.

Can she apply only for herself using priority route & kids apply under normal route once she gets ILR?
To save money ofcourse

[zimba]

Thank you Zimba. One more question.

Can she apply only for herself using priority route & kids apply under normal route once she gets ILR?
To save money ofcourse

Yes. Two separate applications

[tj123]

Hi Moderators,

Just wanted to check if claiming child benefit for my children is okay, as I have an ILR now.
- Spouse do not yet have an ILR
- Kids dont ahve an ILR either
They both have a NRPF condition on their visa.

Checking aganist the current guidelines, is it okay as I am claiming and not them?

Will it matter in their ILR applications?

WIll it affect citizenship application in any ways? I suppose I will ahve to declare that I have claimed public funds in the pplictaion

[zimba]

Child Benefit
Eligibility for Child Benefit depends on the parent’s immigration and residence status, rather than the child's nationality or immigration status.

An eligible parent may claim Child Benefit regardless of the child’s immigration status. However, when a child has leave to remain with NRPF, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position.

When a sole parent or both parents in a household have leave to remain with NRPF, they will not qualify for Child Benefit and will not be able to claim this for a British child. The parent may only be able to claim Child Benefit if an exception applies, such as due to a reciprocal social security agreement that their country of nationality has with the UK.

https://www.nrpfnetwork.org.uk/informat ... exceptions

[tj123]

Thanks Zimba. It clearly says it's the immigration status of the parent claiming is what matters. However, in the next para, it also mentions to take immigration advice. That creates confusion:(

[zimba]

When it comes to various child related benefits, sometimes the parent's and sometimes the child's immigration NRPF conditions will be considered. Hence, they advise people to get proper advice if you do not know what you are doing.

You can see the proper advice here under the official UKVI guide on benefits, which makes things clear:

Children and NRPF
Most child-related benefits are typically paid to the parent or parent, or legal guardian. Eligibility is therefore based on the adult’s
immigration status as the main applicant, as opposed to that of the child. If a relevant adult claims a child-related public fund to
which they are not entitled, it will be the adult who is in breach of their NRPF condition not the child.

For Disability Living Allowance and Child Disability Payment, the child is the main applicant and eligibility is therefore determined by
the child’s immigration status. If a child breaches their NRPF condition there would not be any impact upon a future immigration
application, if the breach occurred when they were under the age of 18.

https://assets.publishing.service.gov.u ... +funds.pdf

[tj123]

Thanks zimba. I will then go ahead and claim child benefit then.

[tj123]

Hi Moderators,

Just to confirm the eligibilty dates for my spouse and children. I believe they both are elgibile for LR based ILR from 26th Feb 2026. I am plannign to apply 2 weeks earlier and book an appointment on 26th Feb.
Kindly confirm the dates look okay.


------ Visa dates copied below for easy reference---------
Spouse:
Visa 1 - ICT Short term dependent valid from 25th Mar 2016 till 09th July 2016
Entered UK on 26th Mar 2016, exited on 30th May 2016
Visa 2 - ICT Long term dependent applied on 12th Aug 2016
Valid from 22nd Aug 2016 till 01 Sep 2021
Entered UK on 5th Sep 2016
Visa 3 - Skilled worker visa
Issued on 21 st Jan 2021 Valid till 14th Apr 2026

Children:
Visa 1 - ICT Short term dependent valid from 25th Mar 2016 till 09th July 2016
Entered UK on 26th Mar 2016, exited on 30th May 2016
Visa 2 - ICT Long term dependent Applied on 12th Aug 2016
Valid from 22nd Aug 2016 till 01 Sep 2021
Entered UK on 5th Sep 2016
Visa 3 - Extended by 1 year (in time extension)
Visa 4 - Extended by another 2 years (in time extension)
Visa 5 - Skilled worker dependent visa (Applied in time)
Issued on 27th Sep 2024, Valid till 14th Apr 2026 (Although they are SW dependent on my visa, their validity is based on my spouse visa earlier end date)

[zimba]

In that case, she will be eligible under the skilled worker rules on her own, next month. Your status is irrelevant as she is no longer your dependant. The children always follow the immigration path of the less privileged parent so they can only settle with your spouse

You were already advised on this. You do not need to repeatedly ask this

[tj123]

Apologies Zimba if it appeared a repeat question. I know she is already eligible under SW, but she didn't apply for ILR based on it. She is looking at applying for LR based ILR this month. Hence, clarifying the exact dates for LR & my previous question had a typo as well. Planning to apply next week & a biometric on or after 26Feb. Hope I got the date calcs correct here.

[zimba]

Why ? A single SET(O) application can get ILR for both.

[tj123]

She didnt want to ask her employer for the statement!! Since she will be eligible for LR based ILR soon, she preferred this route!
COuld you please check the dates and confirm if Feb 26 looks correct, just for reassurance.