ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Guidance for ILR dependents

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
mari78
Newly Registered
Posts: 2
Joined: Mon Jan 23, 2017 11:40 am

Guidance for ILR dependents

Post by mari78 » Thu Jun 15, 2023 3:56 pm

Hello,

We have a complicated situation with regards to ILR though we will complete 10 years lawfully. Kindly help to follow the suitable option. Thanks.

My husband came to UK with ICT Tier 2 visa on 07-02-2016. My child and I came to UK as his dependents on 26-06-2016. After 5 years I got skilled worker visa valid from 02-03-2021 and my husband and child became my dependents. Due to redundancy I lost job and my husband got skilled worker visa valid from 18-02-2023 valid until 25-04-2026 and we became his dependents.

Since we switched skilled worker visa, our ILR clock is reset and hence we are looking to go through 10 year ILR route.

My husband will complete his 10 years continuous stay on 07-02-2026 but we(me and child) will complete our 10 years on 26-06-2026 only and skilled worker dependent visa will end by 25-04-2026 itself.

Please advise what is the best option to follow here.

1. Do my husband need to apply for ILR first once he completes 10 years?
2. We(me and my child) have a gap of 2 months between visa validity(25-04-2026) and ILR eligibility(26-06-2026). Do we need to apply for skilled worker visa extension(need to get new CoS from husband's employer) or can we apply as ILR dependents?

Thank you.

User avatar
zimba
Moderator
Posts: 23185
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Guidance for ILR dependents

Post by zimba » Thu Jun 15, 2023 6:00 pm

For ILR under long residence, you should qualify on your own and apply on your own. Your husband applies when he is eligible.

Skilled worker dependants can extend their skilled worker dependant visas until eligible for ILR.
This is possible as per new guidance: indefinite-leave-to-remain/queries-abou ... l#p2113017
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mari78
Newly Registered
Posts: 2
Joined: Mon Jan 23, 2017 11:40 am

Re: Guidance for ILR dependents

Post by mari78 » Thu Jun 15, 2023 7:09 pm

Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?

User avatar
CR001
Moderator
Posts: 88814
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Guidance for ILR dependents

Post by CR001 » Thu Jun 15, 2023 7:16 pm

mari78 wrote:
Thu Jun 15, 2023 7:09 pm
Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?
You MUST extend your dependent visas BEFORE they expire. Once they expire, you become overstayers. An extension will be for 3 years.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
zimba
Moderator
Posts: 23185
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Guidance for ILR dependents

Post by zimba » Thu Jun 15, 2023 7:36 pm

mari78 wrote:
Thu Jun 15, 2023 7:09 pm
Thanks. If my husband has got ILR and our current dependent visa has expired(based on CoS date), can we still extend our dependent visas?
I already pointed out that it is possible. As Char pointed out above, you need to apply before your visa expiry. Note that you do NOT need to wait for your husband to apply for ILR or get ILR or anything else. You simply extend on your own and later apply for ILR on your own.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked