Skilled Worker ILR & Dependant Strategy

[kadastro]

Hi everyone,

I've been researching my ILR pathway extensively and want to share my understanding for expert review before I commit to a strategy. I have several interconnected questions.

MY FACTS

Main applicant (me):
- Entry clearance issued: 15 June 2022
- Current visa valid until: 02 May 2027
- 5-year ILR qualifying date: 15 June 2027
- Earliest ILR application (28 days early): 18 May 2027

Wife (dependant):
- Dependant visa issued and entered UK: 01 October 2023
- Current visa valid until: 02 May 2027 (same as mine)
- Wife's 5-year ILR qualifying date: 01 October 2028
- Wife's earliest ILR application: 03 September 2028

MY STRATEGY - PLEASE REVIEW

For me (main applicant):

Based on CR 6.1 of the Immigration Rules and Section 3C of the Immigration Act 1971, my understanding is that I can apply directly for ILR without first doing a Skilled Worker extension, using the following logic:

1. I apply for ILR in April 2027, before my visa expires on 02 May 2027
2. When my visa expires on 02 May 2027, Section 3C automatically kicks in, extending my leave on the same conditions while my ILR application is pending
3. The caseworker can use the date of decision (not date of application) to calculate my qualifying period, per CR 6.1(c)
4. If I use the priority service (£500), the decision comes within 5 working days of my biometrics appointment
5. I book my biometrics appointment for on or after 17 May 2027 (which is 5 years minus 28 days from my entry clearance date of 15 June 2022)
6. The decision therefore lands on or after 17 May 2027, at which point I meet the qualifying period
7. ILR is granted, no extension ever needed

Questions on my ILR:
- Q1: Is this Section 3C / decision-date approach correct? Can I genuinely skip the extension and go straight to ILR?
- Q2: Is there any risk that applying too early (e.g. April 2027) causes problems if the decision somehow comes before 17 May 2027?
- Q3: Do I need any specific wording or evidence in my application to flag that I'm relying on the decision date rather than application date?

For my wife (dependant):

My understanding of her situation:

1. Her visa also expires 02 May 2027
2. She cannot rely on my Section 3C — it only applies to the person who submits the application
3. She must apply for her own dependant extension before 02 May 2027
4. She applies for her extension separately from my ILR application, in April 2027, before her visa expires
5. This triggers her own Section 3C when her visa expires on 02 May 2027
6. Since by the time her extension is decided I will have been granted ILR, she will receive a mandatory 3-year extension
7. I found a source for the mandatory 3-year rule: Home Office caseworker guidance "Dependent family members in work routes" (November 2025) which states: "A dependant cannot request to be granted shorter permission than the rules state. For example, if a lead applicant has settled as a Skilled Worker and the dependant only needs 10 months to reach their 5-year settlement requirement they will have to apply for, and pay associated fees and charges, for 3 years permission." This is further supported by Appendix Skilled Worker SW 36.1 in the Immigration Rules.
8. Her 3-year extension would cover her approximately until ~May 2030, well past both her October 2028 and April 2029 potential ILR dates

Questions on wife's extension:
- Q4: Is it correct that she can apply for a dependant extension independently, in April 2027, without me also applying for an extension?
- Q5: When she applies in April 2027, I will have already submitted my ILR application but not yet received a decision. I'll be on 3C leave. Does her dependant extension application reference my pending ILR application number, or my existing visa? Is there any risk her extension application is rejected because the main applicant no longer has a SW visa?
- Q6: Is the mandatory 3-year extension confirmed regardless of when her extension application is decided (i.e. whether my ILR has been granted before or after her decision)?

Final Summary Question

- Q7: Is there anything I have materially misunderstood in the above, or any risk I have not identified, that could jeopardise either my ILR or my wife's status?

Thank you in advance for any review. I appreciate this is a detailed post I've tried to be as precise as possible so experts can give accurate feedback. Happy to provide any additional information.

[secret.simon]

- Q4: Is it correct that she can apply for a dependant extension independently, in April 2027, without me also applying for an extension?

This is the only bit that I am confident of responding to (I can be wrong, but I am fairly confident of my answers).

Look at the words you have typed out.

"Is it correct that she can apply for a dependant extension independently..."

You can immediately see the conflict, can't you?

A dependant can't have a visa for a longer duration than the main applicant. The duration or ILR status of the main applicant needs to be known before the dependant's extension can be considered, because the duration of a dependant can't exceed that of the main applicant.

Therefore, assuming you proceed with the plan above (wait for others to advise), it is likely that your wife's dependant application will be placed on hold while your ILR or extension application (as the case may be) is decided. She will of course be on Section 3C leave during that period if her application was submitted before the the expiry of her current leave to remain.

[zimba]

As Simon pointed out, if she applies for an extension, her application will be put on hold until yours is decided. I do not see any risks

I already covered a lot here --> All you need to know about applying early, the application date, 28-day concession and more

[lolo2]

Q7: You're more than a year away to be eligible for ILR under the Skilled Worker route and the current rules. These have been subject to constant review and change in the last few years. It's not guaranteed that all this will be applicable in 2027.

[kadastro]

- Q4: Is it correct that she can apply for a dependant extension independently, in April 2027, without me also applying for an extension?

This is the only bit that I am confident of responding to (I can be wrong, but I am fairly confident of my answers).

Look at the words you have typed out.

"Is it correct that she can apply for a dependant extension independently..."

You can immediately see the conflict, can't you?

A dependant can't have a visa for a longer duration than the main applicant. The duration or ILR status of the main applicant needs to be known before the dependant's extension can be considered, because the duration of a dependant can't exceed that of the main applicant.

Therefore, assuming you proceed with the plan above (wait for others to advise), it is likely that your wife's dependant application will be placed on hold while your ILR or extension application (as the case may be) is decided. She will of course be on Section 3C leave during that period if her application was submitted before the the expiry of her current leave to remain.

Thanks Simon, sorry for the confusing wording in Q4, what I actually meant was whether my wife can apply for a dependant extension if I go straight to ILR instead of extending my Skilled Worker visa. But your explanation answers that perfectly anyway.

As Simon pointed out, if she applies for an extension, her application will be put on hold until yours is decided. I do not see any risks

I already covered a lot here --> All you need to know about applying early, the application date, 28-day concession and more

Thanks for confirming zimba! And I have to be honest I didn't come here completely empty handed. Your previous posts on similar topics were a goldmine, I may have done quite a bit of reading before hitting that post button! Really appreciate all the knowledge you share on here.

Q7: You're more than a year away to be eligible for ILR under the Skilled Worker route and the current rules. These have been subject to constant review and change in the last few years. It's not guaranteed that all this will be applicable in 2027.

Ha, you're absolutely right, still over a year away! But you know how it is, some nights the brain just won't switch off and you end up down an immigration rabbit hole at midnight planning every possible scenario Just trying to be prepared! Thanks for the reality check though, genuinely appreciated.