Indefinite Leave to Remain (ILR)

Dear Immigration Board Forum Members,

I hope this message finds you well. I am writing to seek advice and clarification regarding my eligibility for Indefinite Leave to Remain (ILR) in the United Kingdom and to explore the best possible option in my situation.

Here's a brief overview of my immigration history:

I arrived in the UK in April 2015, with my Visa starting in February 2015. I was initially on a Tier-2 ICT (Intra-company transfer) Visa and remained in that category until December 2019, which amounts to nearly 4 years and 10 months.

Subsequently, I switched to a PBS Dependant visa, which I have been on since December 2019.

My wife is on the verge of applying for ILR, as she will soon complete 5 years in the Tier 2 General + Skilled Worker visa category. However, my situation is slightly different, and I have two potential options, but I'm uncertain about the best course of action:

Option 1:

Apply for ILR as her dependant, which would allow me to apply for only 3-year visa. Not 1 Year?


Option 2:

Ask my current employer to sponsor me for a 1-year Skilled Worker visa.
This would enable me to complete 5 years as a Skilled Worker (1 year as the primary applicant and 4 years as a dependant), totaling 10 years in the UK, which would make me eligible for the long route ILR.
I am seeking your guidance and insights into which option would be more favorable in my case. I am particularly concerned about the additional cost of the Immigration Health Surcharge (IHS) if I were to go with Option 1.

Your expertise and advice would be greatly appreciated as I navigate this important decision in my immigration journey.

Thank you in advance for your assistance.

Option 1 - you cant apply for ilr as a dependent. You simply apply yo extend your pbs dependent visa for 3 years.

Option 2 - you cant do this. If your switched to main skilled worker visa, your 5 year ilr clock resets to zero. You cannot combine pbs dependent visa time with main skilled worker visa time to make up 5 years for ilr. The rules dont llow this.

CR001 wrote: ↑

Wed Sep 20, 2023 1:16 pm

Option 2 - you cant do this.

They can go via 10 year ILR, though?

Dear CR01,

I want to express my sincere appreciation for your swift response and for shedding light on my situation. Your insights have been invaluable in helping me understand my options more clearly.

To provide further clarification and to address my available options, I have taken into account the following:

Option 1 - It appears that I can apply to extend my PBS Dependant visa for a standard 3-year duration (as there is no 1-year option). This would contribute to my ILR eligibility, considering that I have already completed 4 years in the PBS Dependant category.

Option 2 - It is evident that switching to a Skilled Worker visa would effectively reset my ILR clock, and I cannot aggregate the time spent on a PBS Dependant visa with that of a Skilled Worker visa for the ILR application. Nevertheless, it would allow me to complete 10 years of legal residence in the UK.

With this information in mind, I would greatly appreciate further guidance on which option would be the most suitable for me to fulfill the required duration for ILR. To summarize my current situation:

By December, I will have completed 8 years and 10 months in the UK (4 years and 10 months on an ICT Visa as the primary applicant, and 4 years as a PBS Dependant).
My primary concern is minimizing the Immigration Health Surcharge (IHS) fees.
If I were to follow the first route and apply as a PBS Dependant Partner to complete the 5-year route, it would involve applying for a 3-year PBS Dependant extension, incurring 3 years' worth of IHS fees. Conversely, if I secure an 18-month sponsorship, I would only need to apply for an 18-month visa extension, incurring 18 months' worth of IHS fees.

Could you kindly confirm whether my understanding regarding the IHS fees in these scenarios is accurate? Your guidance in making this crucial decision would be highly appreciated.

Once again, thank you for your invaluable expertise and assistance.

Sincerely,

meself2 wrote: ↑

Wed Sep 20, 2023 1:39 pm

CR001 wrote: ↑

Wed Sep 20, 2023 1:16 pm

Option 2 - you cant do this.

They can go via 10 year ILR, though?

I did specifically reference it is relevant to the 5 year ilr route