Which application route to choose for my dependents' ILR

[imranali3]

Hi, I arrived in the UK on a Skilled Worker visa and later switched to a Global Talent visa, and I obtained my ILR in 3 years. My dependents remained on the skilled worker dependent visa; I didn't switch to dependents of global talent.

My dependents have now completed 5 years of stay in the UK, and they need to apply for the ILR. Which route they should choose dependents of a skilled worker, dependents of global talent, or dependents of a settled person.

I submitted my wife's ILR application as a dependent of a skilled worker, but the Home Office has varied her application, stating that 'You are applying to join (my name), who was granted indefinite leave to remain under the Global Talent route. Could you confirm you wish to pursue your current application, as this may not meet the immigration rules to switch from your previous grant of leave?

Does she need to switch to a dependent of Global Talent before submission of the application? I am afraid that's not possible now, as she has already completed 5 years of stay in the UK.

Please let me know which application route she should choose: skilled worker dependent, global talent dependent, or any other?

Thanks for your support.

[zimba]

The rules for the work related routes (like GTV route) do NOT care about the immigration route of the dependant. They just need you to have been the main applicant's dependant partner for a total of 5 years. Hence, any time spent under any dependant route (including the family route) counts.

However while applying for ILR, they must correctly choose the route they want to be considered under. In this case, they should have applied for ILR as Global Talent dependants . When applying for ILR, you chose an incorrect route. So the home office is correct to point out that they will NOT qualify as skilled worker dependants because you did NOT get ILR while holding a skilled worker visa. Note that their visa route is still irrelevant and it is the rules they are applying under that matters.

FYI The UKVI will NOT vary anything. To vary an application, a new application will have to be lodged. Hence, you must apply for them again and choose the correct route. This will be a variation of the former application

Read my detailed explanation of the rules and ILR success here --> viewtopic.php?t=347772#p2166414