ILR after 7 years on Student Dependent visa and Post study work Dependent visa

[nelsob44]

Hi, I would greatly appreciate if a clarification can be provided in my case as I've seen @zimba make a suggestion that time spent on any Dependent visas counts towards 5 year ILR even if it doesn't count for the main visa holder such as when the main visa holder is on a Student visa.

I moved to the UK in August 2017, and I was a Dependent on my wife's Tier 4 student visa until December 2023 when she switched to the Post Study Work Visa, and I have remained a Dependent on her Post Study Work visa since December 2023 till date. My wife has now switched to ILR in February this year after having completed 10 years of continuous residence in the UK. Given the above circumstance, would I be eligible to apply for ILR at the moment and if yes, under the category section of the ILR application form, what option would I be choosing for the application, as the closest option I could see is the one that says "Tier 1 or Global Talent Dependants".

Also, if anyone in my current situation has ever applied for ILR, I would be grateful to know your experience

[zimba]

That advice only applies to applicants who are dependant partner of a person who is/was under one of the work related visa routes (like skilled worker or GTV route) as residence under under those routes can lead to settlement as per their respective immigration rules.

In your case, your partner was under a route that has no path to ILR, neither for the main applicant nor for their dependants. Getting ILR is not just about having 5 years, it is about being able to settle under a route that has a path to settlement (unlike the previous route of your partner)

Your partner simply settled in their own right after 10 years under the long residence. This means you have to either switch to the family route and settle after 5 years under that route (as a spouse of a settled person) or apply for ILR in your own right (just as your partner did) under the long residence in July 2027. If your visa is running out before then and you need to extend your stay to get to 2027, you need to switch to the family route

There is no path to ILR for you at the moment.

[nelsob44]

Thank you for clarifying this.