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5 years ILR route - Can the main applicant become skilled worker dependent ?
Posted: Thu Jun 02, 2022 10:03 pm
by syamK
Dear Team,
Good evening. I have a query about 5 years ILR route. A candidate is working in UK on skilled worker VISA and dependent also working. After couple of years, the dependent get the sponsorship and switched from dependent to main applicant on her/his own VISA. At the same time the main applicant switched to her/his dependent.
Will they be eligible for ILR ?
Re: 5 years ILR route - Can the main applicant become skilled worker dependent ?
Posted: Thu Jun 02, 2022 10:21 pm
by meself2
I think when the switch happened, the ILR clock went to zero, so they have to rack up 5 years on their new paths (skilled worker/dependent) from scratch. Might be incorrect.
Re: 5 years ILR route - Can the main applicant become skilled worker dependent ?
Posted: Fri Jun 03, 2022 7:30 pm
by zimba
Time spent as the main applicant and also as a dependent cannot be combined under the Skilled worker route. Switching resets the 5 year qualifying ILR clock back to zero as they move to a different route
Re: 5 years ILR route - Can the main applicant become skilled worker dependent ?
Posted: Thu Jun 16, 2022 6:04 pm
by syamK
Thank you
Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?
Posted: Wed Aug 03, 2022 3:21 pm
by syamK
Dear Team,
I am on a skilled worker VISA from last 3 years and I have a kid born in UK last year. In another 2 years I will be eligible to apply for ILR, but my kid will be completing only 3 years.Can I apply ILR for him too even though he didn't complete 5 years?
How many months he can stay outside UK so that his ILR eligibility will not be impacted ?
Can you be able to direct me to the UK GOV url please.
Thank you.
Re: Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?
Posted: Wed Aug 03, 2022 3:23 pm
by zimba
syamK wrote: ↑Wed Aug 03, 2022 3:21 pm
Dear Team,
I am on a skilled worker VISA from last 3 years and I have a kid born in UK last year. In another 2 years I will be eligible to apply for ILR, but my kid will be completing only 3 years.Can I apply ILR for him too even though he didn't complete 5 years?
How many months he can stay outside UK so that his ILR eligibility will not be impacted ?
Thank you.
Children settle when their parents settle. There is no minimum residence requirement for children at all. Children born in the UK can be registered as British directly without the need to have ILR, after one parent settles
Re: Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?
Posted: Wed Aug 03, 2022 3:27 pm
by syamK
Thank you very much, can you please share the UK GOV link.
Re: Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?
Posted: Wed Aug 03, 2022 3:34 pm
by zimba
Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker
SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.
SW 39.2. The applicant must either:
(a) have last been granted permission as a dependent partner or dependent child of the person (P) in SW 39.1; or
(b) have been born in the UK and be applying as a child of the person (P) in SW 39.1.
SW 39.3. If applying as a partner, the applicant and the person (P) in SW 39.1. must meet the relationship requirement in SW 29.2 to SW 29.4. and must have met them throughout the 5 years ending on the date of application.
SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:
(a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
(b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.
https://www.gov.uk/guidance/immigration ... led-worker
Registration guide:
https://www.gov.uk/government/publicati ... y-guidance
Re: Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?
Posted: Wed Aug 03, 2022 3:55 pm
by syamK
Thank you very much