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

ILR dependent including kids - Set O or Set M

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

Post Reply
nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by nidame » Fri Jan 26, 2024 10:31 am

Hello,
My partner will be 10 years in the UK this Sept 2024 and plans to apply for ILR in Sept using the long residence route. She arrived the UK in 2014 and is currently on a Skilled worker visa.

I will be 9 years in the UK by Sept 2024, and I’ve been on the following visas:
• 05-Sept-15 to 22 Jan 17: T4 Student visa
• 17-Feb-17 to 23-Oct-21: PBS Dependant (T4 General student)
• 24-Oct-2021 to 15-Dec-2024: Dependant Partner (Skilled worker)

My question is, will I be able to apply as an ILR dependent at the same time as my partner in Sept 2024?

User avatar
zimba
Moderator
Posts: 21800
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by zimba » Fri Jan 26, 2024 10:41 am

nidame wrote:
Fri Jan 26, 2024 10:31 am
Hello,
My partner will be 10 years in the UK this Sept 2024 and plans to apply for ILR in Sept using the long residence route. She arrived the UK in 2014 and is currently on a Skilled worker visa.

I will be 9 years in the UK by Sept 2024, and I’ve been on the following visas:
• 05-Sept-15 to 22 Jan 17: T4 Student visa
• 17-Feb-17 to 23-Oct-21: PBS Dependant (T4 General student)
• 24-Oct-2021 to 15-Dec-2024: Dependant Partner (Skilled worker)

My question is, will I be able to apply as an ILR dependent at the same time as my partner in Sept 2024?
Yes as you have been on a dependant visa since 2017. The skilled worker rules allow that. You can settle under the skilled worker route, even when your partner settles under the long residence.

See: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by nidame » Fri Jan 26, 2024 10:52 am

zimba wrote:
Fri Jan 26, 2024 10:41 am
nidame wrote:
Fri Jan 26, 2024 10:31 am
Hello,
My partner will be 10 years in the UK this Sept 2024 and plans to apply for ILR in Sept using the long residence route. She arrived the UK in 2014 and is currently on a Skilled worker visa.

I will be 9 years in the UK by Sept 2024, and I’ve been on the following visas:
• 05-Sept-15 to 22 Jan 17: T4 Student visa
• 17-Feb-17 to 23-Oct-21: PBS Dependant (T4 General student)
• 24-Oct-2021 to 15-Dec-2024: Dependant Partner (Skilled worker)

My question is, will I be able to apply as an ILR dependent at the same time as my partner in Sept 2024?
Yes as you have been on a dependant visa since 2017. The skilled worker rules allow that. You can settle under the skilled worker route, even when your partner settles under the long residence.

See: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence
Thanks for a quick response. :D
So can I apply with my partner in the same ILR application or do I make a separate skilled worker ILR application?

User avatar
zimba
Moderator
Posts: 21800
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by zimba » Fri Jan 26, 2024 10:57 am

Not when your partner wants to settle under the long residence. Long residence applicants must apply on their own and qualify on their own, using form SET(LR). You need to settle on your own in this case and apply using form SET(O) separately
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by nidame » Fri Jan 26, 2024 12:44 pm

nidame wrote:
Fri Jan 26, 2024 10:52 am
zimba wrote:
Fri Jan 26, 2024 10:41 am
nidame wrote:
Fri Jan 26, 2024 10:31 am
Hello,
My partner will be 10 years in the UK this Sept 2024 and plans to apply for ILR in Sept using the long residence route. She arrived the UK in 2014 and is currently on a Skilled worker visa.

I will be 9 years in the UK by Sept 2024, and I’ve been on the following visas:
• 05-Sept-15 to 22 Jan 17: T4 Student visa
• 17-Feb-17 to 23-Oct-21: PBS Dependant (T4 General student)
• 24-Oct-2021 to 15-Dec-2024: Dependant Partner (Skilled worker)

My question is, will I be able to apply as an ILR dependent at the same time as my partner in Sept 2024?
Yes as you have been on a dependant visa since 2017. The skilled worker rules allow that. You can settle under the skilled worker route, even when your partner settles under the long residence.

See: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence
Thanks for a quick response. :D
So can I apply with my partner in the same ILR application or do I make a separate skilled worker ILR application?
I just looked at the info on the government website and I'm a bit confused.
Just to be more explicit, my situation is that I've been 4 years as a dependant of a T4 student, and 3 years as dependant of a skilled worker. Both visas are with the same partner.

Can I still apply for an ILR or does the ILR rule only take 5 years as a dependant on a skilled worker visa?

User avatar
zimba
Moderator
Posts: 21800
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by zimba » Fri Jan 26, 2024 1:17 pm

I already answered that. 5 years as a dependant under any dependant route as long as your partner settled while holding a SW visa. Please do not go on an online search marathon and confuse yourself if you do not understand the immigration rules in place
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by nidame » Fri Jan 26, 2024 1:20 pm

zimba wrote:
Fri Jan 26, 2024 1:17 pm
I already answered that. 5 years as a dependant under any dependant route as long as your partner settled while holding a SW visa. Please do not go on an online search marathon and confuse yourself if you do not understand the immigration rules in place
Thanks

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

ILR dependent including kids - Set O or Set M

Post by nidame » Mon Sep 23, 2024 9:40 am

I'm in the same situation. My wife is applying for her ILR using a SET(LR) form and I'm applying using a SET(O) form. Can we both submit our separate applications on the same day or do I have to wait for her ILR to be granted before I can apply?

User avatar
zimba
Moderator
Posts: 21800
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Can I apply for ILR dependant if I've been a dependant for 7 years total

Post by zimba » Mon Sep 23, 2024 3:03 pm

zimba wrote:
Fri Jan 26, 2024 10:57 am
Not when your partner wants to settle under the long residence. Long residence applicants must apply on their own and qualify on their own, using form SET(LR). You need to settle on your own in this case and apply using form SET(O) separately
Why are you tagging your question on some random topic ??
Why are you NOT reading the advice given to you at all ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Re: ILR dependent including kids - Set O or Set M

Post by nidame » Mon Sep 23, 2024 4:19 pm

Hi, my question is different this time. I could no longer add a post to my original question. My wife has now applied using a SET(LR) form but is yet to get a decision. I wanted to know if I can apply right now using the SET(O) form like you suggested or if I have to wait till she gets a decision.

User avatar
zimba
Moderator
Posts: 21800
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR dependent including kids - Set O or Set M

Post by zimba » Mon Sep 23, 2024 4:47 pm

nidame wrote:
Mon Sep 23, 2024 4:19 pm
Hi, my question is different this time. I could no longer add a post to my original question. My wife has now applied using a SET(LR) form but is yet to get a decision. I wanted to know if I can apply right now using the SET(O) form like you suggested or if I have to wait till she gets a decision.
You do not have to wait. Obviously, her ILR has to be approved first for yours to be approved later. If you apply now, your case can be held until hers is decided. Apply using SET(O) as 'Tier 2/Skilled worker dependant''
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nidame
Newly Registered
Posts: 7
Joined: Fri Jan 26, 2024 10:23 am
Nigeria

Re: ILR dependent including kids - Set O or Set M

Post by nidame » Mon Sep 23, 2024 5:00 pm

Thanks Zimba

Post Reply