Spouse Dependent ICT to ILR Eligible?

[Jbr]

Hi there,

I’m on a GTV and eligible for ILR. Have a quick question about my spouse, though.

We’ve been in the UK for over 5 years. 2 years on a Tier 2 ICT visa and 3 years on a GTV visa. My spouse has been a dependent on both visas. Will her time as a dependent on the ICT visa count toward the 5 year residency requirement for ILR dependent applications?

I know ICT visas do not count for the primary applicant, but the guidance is unclear to me whether dependent’s can claim that time for the residency requirement. Any clarification will help a ton…trying to decide whether we can apply together now or whether we need to wait another 2 years.

Thanks in advance!

[zimba]

Yes. Under the GTV rules for ILR, the visa route of a dependant is NOT important at all. Such an applicant can be granted ILR under the GTV route without any issues after 5 years of being your dependent, regardless of the visa route(s) they were under

[Jbr]

Thanks for the reply! I'm getting slightly conflicting information at the moment - I reached out to a lawyer about general help with the ILR application, and they said the ICT dependent visa would *not* count for my spouse's 5 year dependent requirement. I couldnt find any information from the UK gov about this...are there any docs or links you can share where this is referenced?

[zimba]

Please fire your lawyers and do not waste your money.
The rules simply need your dependants to have been granted permission as the dependant partner or child of the lead applicant (i.e. YOU). They could even be on a different dependant visa route. So as long as they have been here 5 years as your dependant, they qualify

Last grant settlement requirement
Unless the applicant is a child who was born in the UK before the lead applicant
settled, the dependant must have previously been granted permission as the
dependant partner or child of the lead applicant. This permission could be in a
different route.This applies to Global Talent, Innovator, Representative of an Overseas Business,
International Sportsperson and Skilled Worker.

https://assets.publishing.service.gov.u ... routes.pdf

This is based on immigration rules, paragraph GT 27.1 and onwards: https://www.gov.uk/guidance/immigration ... bal-talent