Hello,
I’d be grateful for expert views on my children’s ILR position as dependants.
My status
I’m in the UK on a Skilled Worker visa, started 15 April 2023, valid until mid‑2028.
I may either stay on Skilled Worker to ILR or switch to Global Talent; my question is about my children’s ILR position under either route.
Dependants’ situation
I have a spouse and two children, both now 18+, all here as my Skilled Worker dependants with visas valid to 2028.
The children are full‑time students abroad (outside the UK).
I pay their fees and they are financially dependent on me.
Their pattern is:
They are enrolled at universities outside the UK,
They return to the UK every semester break/holiday,
In practice they are outside the UK more than 180 days per rolling 12‑month period because of their studies.
Time in the UK so far
Roughly speaking, each child has:
About 2.5 years where their absences were within 180 days per rolling 12 months,
Followed by 2.5 years (up to 2028) where they are likely exceeding the 180‑day rule each year due to full‑time study abroad.
My questions
For the standard 5‑year ILR route as dependants of a worker/Global Talent holder, how do the absences for children studying abroad affect continuous residence?
Do periods where they exceed 180 days outside the UK in a rolling 12‑month period break the continuous residence for ILR purposes, even if they keep returning during holidays and remain financially dependent?
Is there any recognised exception or discretion for dependants who are full‑time students abroad but return home during breaks, or is the 180‑day rule applied strictly?
In our specific example:
If they have 2.5 years of good residence (each 12‑month period within 180 days), followed by 2.5 years where they exceed 180 days each year, can any of that first 2.5 years still be used towards ILR?
Or does the breach in later years effectively mean they would need a fresh 5‑year period of compliant residence before qualifying under the 5‑year dependant route?
Once I obtain ILR (whether via Skilled Worker or Global Talent), and their current dependant visas near expiry in 2028:
Can they continue in the UK as my dependants under a different category (e.g. family of a settled person) and eventually qualify for ILR that way?
If so, does any of their earlier time as Skilled Worker dependants count towards that new ILR route, or does the clock restart when they switch to a family/ILR‑dependent route?
Are there any practical differences between remaining as dependants of a worker/Global Talent holder vs moving to family of a settled person in terms of how continuous residence and absences are assessed?
More generally, is it common or realistic for parents with children studying abroad (who come back in holidays and remain financially dependent) to get those children ILR as dependants at the same time, or is it usually necessary for those children to:
Either reset their 5‑year period later when they move back to live mainly in the UK, or
Use some other route (e.g. student, Skilled Worker in their own right, or a family route after the parent has ILR)?
I’m not asking for personalised legal advice, just trying to understand how the current continuous residence rules and absence limits are applied in practice for dependants in this kind of “study abroad but come home in holidays” pattern.
Many thanks in advance for any insights or experience.
Regards.
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