ILR Eligibility After Switching from Care Visa (No Payroll) to IT Skilled Worker Visa

[RahulJaiswal91]

Hello,

I was sponsored under a Skilled Worker visa in the care sector starting February 2025, valid until 2027. However, my payroll has never run and no taxes have been paid. I now want to switch my sponsorship to another field, possibly IT.

I have a few questions:

Will the time already spent on my care visa count towards the 5-year ILR requirement if I switch sponsors?

If I get a new sponsor after 22 July 2025, will the new ILR rules apply to me (10-year route)?

Does the non-payment of salary or tax affect my ILR eligibility?

I'd really appreciate any guidance or experiences from others who have been through this.

Thanks in advance!

[RahulJaiswal91]

Hello,

I moved to the UK in January 2022 on student visa, and my spouse and my daughter (who was 1 year old at the time) came with me as my dependant.
From 2024 I came on skilled worker visa but my tax was not paid by my employer.

My daughter has been living in the UK continuously since January 2022. I would like to understand:

How many more years does she need to stay in the UK before she becomes eligible for ILR?

Can a child apply for ILR earlier than the main visa holder in any circumstances?

Is there any way to shorten the ILR route for dependants who arrived at a very young age?

Any guidance or experiences shared would be really helpful.
Thank you!

[secret.simon]

Children born outside the UK follow the same immigration pathway as the second/less-privileged parent and qualify for ILR with the second parent.

Except under the 10 year Long Residence pathway to ILR, dependents can't qualify for ILR before the main applicant.

[zimba]

Hello,

I was sponsored under a Skilled Worker visa in the care sector starting February 2025, valid until 2027. However, my payroll has never run and no taxes have been paid. I now want to switch my sponsorship to another field, possibly IT.

I have a few questions:

Will the time already spent on my care visa count towards the 5-year ILR requirement if I switch sponsors?

If I get a new sponsor after 22 July 2025, will the new ILR rules apply to me (10-year route)?

Does the non-payment of salary or tax affect my ILR eligibility?

I'd really appreciate any guidance or experiences from others who have been through this.

Thanks in advance!

What new rules you are talking about ? Be specific. ILR qualifying period has nothing to do with working per se

[RahulJaiswal91]

Hi all,

I was sponsored under a Skilled Worker visa in 2024 and my visa is valid until 2026. However, since I received the sponsorship, my employer has not run payroll and has not paid any taxes (PAYE). I have essentially not been actively employed, even though my sponsorship is technically still valid.

I'm now looking to switch to a new sponsor who will employ me properly.

My question is:
If I start working under a new sponsor in 2025 or 2026, will the time I spent under the previous sponsor (2024–2026) count towards the 5-year period for ILR (Indefinite Leave to Remain), or will I need to start the 5-year clock again from the date I switch sponsors?

Appreciate any guidance or shared experiences. Thank you!

[zimba]

Depends. Did the sponsor bring you to the UK through false pretences or deception ?? Why did they not pay any salary or taxes ?

[RahulJaiswal91]

I came on study visa and my dependents were there, I took sponsorship in care but the employer neither gave me the job nor payed my tax. It can be said False pretences or deception.
So my question is will these two years be counted when I take other sponsorship?

[zimba]

I came on study visa and my dependents were there, I took sponsorship in care but the employer neither gave me the job nor payed my tax. It can be said False pretences or deception.
So my question is will these two years be counted when I take other sponsorship?

This makes very little sense. For two years, you were happy without any pay ?? This may suggest that you were a participant in the deception scheme, as this allowed you to stay here. As you stayed here happily for two years without working or getting paid from this sponsor, your sponsor and you could be investigated by the UKVI for non-compliance and deception. Then you would have a much bigger problem

[RahulJaiswal91]

Hello
I originally came to the UK on a Student visa. After completing my studies, I switched to a Care visa. Unfortunately, my employer did not provide me with a job and no payroll/tax records were generated for almost two years.

I am now planning to switch my visa to the IT sector under a Skilled Worker sponsorship. My main concern is about ILR eligibility:

If I take a Skilled Worker visa for 3 years, will this time start counting towards the 5 years needed for ILR?

Since my visa will be issued for 3 years, will I need to renew/extend it again to complete the 5-year requirement before applying for ILR, or is renewal not necessary if sponsorship is continuous?

Does my previous time on Care visa (without payroll) count toward the 5 years for ILR because everyone is saying we just need to show the last 6months payslips and employment letter that you are still on work.

[zimba]

Your time spent in the UK does not seem to have been lawful under your care visa.
So I ask this again: For those years, you were happy without any pay ?? Why ?? How did you sustain yourself in this period without any pay ?? If you want for such a time to be counted as lawful, what is preventing you from getting ILR now ??

We are then back where we were last time you asked this query.