Does My 10-Year ILR Application impact the Spouse and Children Eligibility for ILR based on New Rule.

[syedkarim88]

I would like to seek guidance regarding the most appropriate route to ILR for myself and any potential my wife visa, given our mixed visa history.


My ask is if i want to apply for IRL through 10 Year route. Can I apply now or wait until 19 January 2027.


My immigration history is as follows:

• Entered the UK on 15 October 2015 under a Tier 2 ICT visa( till 25th September 2020).

• Switched to a Dependant to Student visa on 24 September 2020.

• Switched to a Skilled Worker visa on 19 January 2022, which I currently hold(valid until June 2027).

Based on this, I understand that:

Time spent under Tier 2 ICT and Student visas does not count towards the 5-year Skilled Worker ILR route.

However, I will complete 10 years of continuous lawful residence on 15 October 2025, and therefore may be eligible to apply for ILR under the Long Residence (10-year) route.

My wife’s immigration history is as follows:

• She arrived in the UK on 30 August 2017 on Tier 2 PBS dependant( till 25th September 2020).

• She held her own Student visa between 24th September 2020 and 18th January 2022.

• She became my Skilled Worker Dependant on 19 January 2022, and her current visa is valid until June 2027.

Based on our understanding:

Her 5-year qualifying period as a Skilled Worker Dependant runs from 19 January 2022 to 19 January 2027.

She will therefore become eligible for ILR as a dependant in January 2027, which is before her current visa expires.

She will complete 10 years of continuous residence in August 2027, but the dependant route allows her to apply earlier.



My questions are:

• Is my understanding correct that I can apply for ILR under the 10-year Long Residence route in October 2025?

• After I obtain ILR under the 10-year Long Residence route, can my wife continue toward ILR on her existing Skilled Worker Dependant visa—without needing to switch visa categories and will my becoming settled have any impact on her 5-year qualifying period (including any risk of her time not being counted, needing a category switch, or unintentionally breaking continuity)?

• Are there any additional requirements or steps we should be aware of for either my ILR application or my wife’s subsequent ILR application?

Any guidance on the correct ILR pathways and required documentation would be greatly appreciated.

[zimba]

You can apply under long residence now. Your wife remains under her route until eligible for ILR under skilled worker rules.

Read --> ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

Read --> Changes to the Long Residence settlement route from 11 April 2024

[syedkarim88]

I would like to seek guidance regarding the most appropriate route to ILR for myself and any potential my wife visa, given our mixed visa history.


My ask is if I want to apply for IRL through 10 Year route. Can I apply now or wait until 19 January 2027.


My immigration history is as follows:
Entered the UK on 15 October 2015 under a Tier 2 ICT visa( till 25th September 2020).
Switched to a Dependant to Student visa on 24 September 2020.
Switched to a Skilled Worker visa on 19 January 2022, which I currently hold(valid until June 2027).
Based on this, I understand that:

Time spent under Tier 2 ICT and Student visas does not count towards the 5-year Skilled Worker ILR route.

However, I will complete 10 years of continuous lawful residence on 15 October 2025, and therefore may be eligible to apply for ILR under the Long Residence (10-year) route.

My wife’s immigration history is as follows:
She arrived in the UK on 30 August 2017 on Tier 2 PBS dependant( till 25th September 2020).
She held her own Student visa between 24th September 2020 and 18th January 2022.
She became my Skilled Worker Dependant on 19 January 2022, and her current visa is valid until June 2027.
She is on/off with part-time jobs

Based on our understanding:

Her 5-year qualifying period as a Skilled Worker Dependant runs from 19 January 2022 to 19 January 2027.

She will therefore become eligible for ILR as a dependant in January 2027, which is before her current visa expires.

She will complete 10 years of continuous residence in August 2027, but the dependant route allows her to apply earlier.

What will happen my 2 children immigration status

I have checked with Couple of Solicitors they have mentioned that My Spouse Clock will be resets once my ILR application is approved.

My questions are:


Is my understanding correct that I can apply for ILR under the 10-year Long Residence route Now?

After I obtain ILR under the 10-year Long Residence route, can my wife continue toward ILR on her existing Skilled Worker Dependant visa—without needing to switch visa categories and will my becoming settled have any impact on her 5-year qualifying period (including any risk of her time not being counted, needing a category switch, or unintentionally breaking continuity)?

Are there any additional requirements or steps we should be aware of for either my ILR application or my wife’s subsequent ILR application?

Does my wife need to be in any salary criteria applying for the 5Yr ILR route once I Got settle status.

What will happen my 2 children( Both Born in UK Child1 Jun 2020 Born and Child 2 Mar 2024 born) immigration status when I got settle do I need to apply a visa for them

Any guidance on the correct ILR pathways and required documentation would be greatly appreciated.

Also need to know list of documentation required for the 10 Year long residence route for my application.

[zimba]

You got advice last year when you asked the same query above. The advice remains the same. You settle under the long residence and your wife continues under the skilled worker until eligible for ILR. The rules allow this, and the fact that you settle under the long residence is irrelevant. Also, dependants under the skilled worker route do NOT have any financial requirement to meet for ILR at all.

Children born in the UK can be registered as British using form MN1, the moment you get ILR. They do not even need to hold any visa or ILR at all.

Alos do not waste any time on inept solicitors as most of their advice is absolutely rubbish. The official home office guide explicitly tells you the following:

Dependant Partners qualifying period
Dependant partners of Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Scale - up and Skilled Worker lead applicants must complete a 5 - year qualifying period before they qualify for settlement.

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant points-based system (PBS) route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under these routes.

https://www.gov.uk/government/publicati ... ork-routes

The long residence via form SET(LR) needs minimal documents (passports over 10 years, LIUK and English language)
The dependant ILR as skilled worker via form SET(O) needs passport, LIUK and English language and cohabitation evidence

Read: All you need to know about cohabitation evidence