ILR Application - Dependant and Skilled Worker Visa Questions

[lvsntn]

Hello everyone,

First, I’d like to thank everyone in this forum for dedicating their time to help others in similar situations. Thanks to previous posts, I’ve been able to organize some of my documents and clarify a few questions. However, I still have a couple of uncertainties, and I’d greatly appreciate your support.

My partner holds a Skilled Worker visa (formerly Tier 2 General), and I am on a dependant visa, granted as their partner. We applied for our visas at the same time and received our vignettes together. Here are the key dates:

• Vignette entry clearance: 13.01.2020 – 12.02.2020

• Arrival in the UK: 02.02.2020

• Visa expiry date: 02.02.2025

My questions are as follows:

1. Application Timing for ILR:

According to the GOV.UK website (https://shorturl.at/cAiHt), if I’m a dependant on a Skilled Worker visa and my partner is applying for settlement, we can apply together. This was our initial plan.

However, I’ve read in this forum that the qualifying period for dependants is calculated differently. For dependants, the 5-year period starts from the date of arrival in the UK (02.02.2020), while for Skilled Workers, it starts from the vignette/Biometric Residence Permit (BRP) issue date (13.01.2020).

Should we still apply together? If so, when is the earliest date we can apply?

• Our initial plan was to apply on 06.01.2025 (28 days before the 5-year anniversary of our arrival).

• Alternatively, should we consider applying from 17.12.2024 (28 days before the 5-year anniversary of the vignette date)?

2. Employment Letters:

Both of us are currently employed, and our employers are willing to provide the necessary letters. Should these letters be dated within a maximum of 28 days before submitting our application? If so, which date should we use as a reference?

• 10.12.2024 (28 days before 06.01.2025, based on arrival date).

• 20.11.2024 (28 days before 17.12.2024, based on vignette date).

• Or 28 days before the visa expiry date (02.02.2025)?

3. English Language Requirement:

When we applied for our visas 5 years ago, we took the IELTS UKVI test and achieved C1 and B2 scores, both above the minimum B1 requirement. I believe we don’t need to retake the test for ILR, even though the test results may have expired. Can you confirm this?

For now, these are all our questions. Thank you in advance for your help!

Cheers,
L

[CR001]

1. Skilled Worker dependent visa qualifying period start from visa vignette issue date. The it is a completely different visa category with different rules that starts from date of entry!

2. Only the main skilled visa holder needs an employer letter. Not the dependent, ypur empymwnt is irrelevant. The letter must be dated within 28 days before the date you apply, submit and pay online.

3. You as the depdnent did NOT have to meet any English requirements for your skilled worker dependnet visa. You cannot use an old test that has expired that was not used for a previous application. If you did a test for your dependent visa and submitted it, it would have been completely disregarded as if you haven't done one. You must do a new test that is valid.