Advice on ILR Timing and Dependant Visa Extension

[sne001]

Hi Everyone,

I hope you are well. I would be grateful for your advice regarding our family’s visa situation and the most appropriate next steps.

My husband was first granted Skilled Worker leave on 28 April 2021 and, as I understand it, he may be eligible to apply for Indefinite Leave to Remain (ILR) from around 30 March 2026. Our son and I were granted Dependant visas valid from 1 August 2021, and we both entered the UK on 14 August 2021. Based on this, we believe we will complete five years’ continuous residence on or around 13 August 2026.

All of our current visas (my husband’s Skilled Worker visa and our Dependant visas) are due to expire on 31 May 2026. My husband is planning to submit his ILR application in April 2026.

We would be grateful for clarification on the following points:

After my husband is granted ILR, should our son and I switch to the Family route (as dependants of a settled person), or would it be preferable for us to extend our current Dependant visas linked to his Skilled Worker route until we become eligible to apply for ILR ourselves?

We are unsure whether it is possible for us to continue extending our visas under the Skilled Worker dependant route until we reach ILR eligibility.

If we apply to extend our Dependant visas (for example, for one additional year), would this be permitted, and would we be required to pay the Immigration Health Surcharge again as part of that extension?

We would appreciate your guidance on the most appropriate and cost-effective approach, as well as any risks or considerations we should be aware of.

Thank you very much for your time and assistance. I look forward to hearing from you.

[CR001]

You extend your skilled worker visa. It will be a 3 year extension. Visa fee and IHS fee payable for all dependents applying for an extension.

[sne001]

Hello everyone,


Thank you CR001 for your input.

I would be grateful for some guidance regarding ILR eligibility and visa extensions for my family. I apologies if my questions seem basic — I just want to ensure I understand the rules correctly.

Background

My husband was first granted a Skilled Worker visa on 28 April 2021.

Based on this, I understand he may be eligible to apply for ILR from around 30 March 2026 (28 days before completing five years).

My son and I were granted Skilled Worker Dependent visas valid from 1 August 2021, and we entered the UK on 14 August 2021.

Therefore, we expect to complete five years’ continuous residence around 13–14 August 2026.

All our current visas (my husband’s Skilled Worker visa and my and my son’s Dependent visas) expire on 31 May 2026.

The COS used for my husband’s current Skilled Worker visa has already expired (use-by date: 26 June 2024).

Query 1: Dependent visa extension

If my husband becomes eligible to apply for ILR after April 2026, but his Skilled Worker visa expires on 31 May 2026, can I still extend my Skilled Worker Dependent visa to cover the remaining period until I become eligible for ILR in August 2026?

Can a Skilled Worker Dependent extension be granted using a COS that is no longer valid, even though it was valid at the time his visa was issued?

Will the Home Office raise any concerns because the original COS has expired, despite the main applicant still being eligible for ILR?

Query 2: ILR qualifying date

For my ILR application, which date should be used to calculate my five years’ continuous residence?

The visa valid-from date on my BRP (1 August 2021), or

The actual date I entered the UK (14 August 2021)?

Query 3: IHS fees and short extension

Since my visa expires on 31 May 2026, I may need only a short extension of around two months to reach my ILR eligibility date in August 2026.

Would I still be required to pay the full IHS fee (for 2–3 years) for myself and my son for such a short extension?

Is it possible to receive a refund of the unused portion of the IHS once ILR is granted?

If ILR eligibility is based on the BRP valid-from date, would that mean I could apply for ILR in early July 2026, potentially avoiding a longer extension?

Thank you very much for taking the time to read my post. I would really appreciate any advice or experiences you can share.

[CR001]

Yes dependents can apply for a Skilled Worker dependent visa. The rules allow this.

You use the last CoS you husband had. UKVI do know the rules!

It is a 3 year extension as stated in the immigration rules. You cannot apply for a lesser duration. Visa and ihs fees are payable for 3 years for each deodent applying for an extension.

Your ILR qualifying period starts from the first visa issue date.

There is no IHS refund if you apply for ILR.