GTV To ILR / GTV Dependent to ILR combine Tier 4 Dependent years / Child born in UK

[MandMs]

Hi everyone,

I have a few questions about the ILR and Global Talent Visa process and would appreciate any insights from those with experience or knowledge in this area.

**1. ILR and Dependent Children:**

* I’ve received my endorsement under the Global Talent Visa (GTV) for Exceptional Promise, and I’ll be submitting my Stage 2 application in December 2024 (switching from Skilled worker to GTV). If approved, I understand I can apply for ILR anytime after 27/12/2024 (28 days before total of 3 years combined from skilled worker and GTV).
* My children were born in the UK (October 2021), and their skilled worker dependent visas expire on 6th February 2025. Do I need to extend their visas as GTV dependents, or can I wait until I’m granted ILR and then apply directly for their British citizenship?
* In case of delays with my ILR (e.g., their visas expire before my ILR application is submitted or decided), I understand they won’t be considered overstayers but may lose access to public services like the NHS. Are there other legal immigration implications I should be aware of? - basically do I have at least to apply for my ILR before their current visa expires or it is fine to even submit my ILR application after their current visa expires?

**2. ILR and Dependent Partner:**

* My wife has been in the UK as my dependent for over five years, on a Tier 4 Dependent visa and Skilled worker. I plan to extend her visa for one year as GTV dependent when I switch to GTV. I understand that time on a Tier 4 visa doesn’t count towards settlement in general cases.
* However according to the Global Talent Visa guidance:
* A dependent partner is eligible for ILR after spending five continuous years in the UK as a dependent.
* The guidance doesn’t explicitly restrict which dependent visas count, as it does for the main applicant (e.g., excluding Tier 4 from the qualifying period).

Does anyone know if Tier 4 Dependent visa years can count towards the five-year period for dependents when the main applicant switches to GTV?

* If not, is there specific guidance stating that Tier 4 Dependent time doesn’t count?
* Has anyone successfully used this route or seen cases where dependents qualified based on five years of combined dependent visas (including Tier 4)?
* in worst case scenario that her ILR got refused and she still has time in her GTV dependant visa, can she apply for extension or she loses the rest of her visa validaty?

This seems like a grey area, but it aligns with the spirit of the GTV guidance, and it would save us significant time and expense. Any clarification or examples would be greatly appreciated!

Thanks in advance for your help!

[zimba]

Under the GTV rules, the route of your dependent is irrelevant for ILR as long as they have been your dependent for 5 years under any route. So you and your spouse must apply for ILR together.

I covered the rules here and you can see the success of the applicant: https://www.immigrationboards.com/viewt ... 2#p2166414

The UK-born child can be registered as British when you get ILR. If your ILR takes longer and their visa expires, there is no side effect other than what you mentioned with the NHS access.

[MandMs]

Hi zimba,

I deeply appreciate your response.

I feel a bit uncertain as a solicitor mentioned that time spent as a Tier 4 Dependent is not counted toward ILR. However, the guidance suggests that any Dependent years can be combined to meet the 5-year ILR requirement if main applicant got ILR via GTV. Additionally, I saw a LinkedIn post from an immigration advisor suggesting that these years may count, though it’s a gray area and could depend on the discretion of the caseworker, which makes me a little nervous.

To clarify my plan:
1. Switch to GTV and Extend Dependent Visa:
• In December 2024 (this month), I intend to apply to switch from Skilled Worker to GTV for one year.
• Simultaneously, I will apply to extend my wife’s visa as a GTV Dependent for one year.
• I may use the priority service for faster decisions, as I want to avoid submitting my ILR application while my wife’s GTV Dependent visa is still pending to minimize potential complications.
2. Life in the UK Test and ILR Submission:
• I have booked the Life in the UK test for January 14, 2025. By then, I hope to have a decision on my GTV application.
• Assuming my GTV is approved and I pass the Life in the UK test, I aim to submit my ILR application before my children’s current visas expire on February 6, 2025.
• Could you clarify if there would be issues if delays occur and I submit my ILR application after my children’s visas expire? Is it necessary to submit before their expiry?
3. Post-ILR Actions:
• Once I receive my ILR, I will apply for citizenship for my children.
• At a later date, before my wife’s visa expires, we will apply for her ILR.

Does this timeline and plan seem reasonable from an immigration standpoint? Are there any potential issues I should consider?

Thank you once again for the invaluable support provided on this blog. Since my first application to the UK in 2018, the guidance here has been immensely helpful.

[zimba]

The solicitor is wrong. Also, there is no grey area as the rules and guides are quite clear. You both qualify for ILR together and you are advised to apply together for ILR. As I explained, the children's visa status is not relevant to your ILR. Your ILR application date has no relevance or effect on the children's visa

[MandMs]

Thanks zimba, I greatly appreciate your response.

I may have to delay my wife's ILR application to be able to save a bit of money but will make sure her application is submitted 6 months at least before her visa expires. From what I understand, I believe It is okay for her application to be submitted at a later time anyway (i.e., after I grant ILR).

[zimba]

Yes. She can apply later

[MandMs]

Hi Zimba,

Thanks for confirming. Just to clarify:

The solicitor come back with this response:

For kids born in the UK:

You will need to submit an application to extend children’s current dependant visas if you are not granted ILR before their current dependant visas expire.

If you don’t extend the visa or apply for the child’s indefinite leave to remain, the child will become an overstayer and this will be in breach of the immigration laws.

Although you have the right to register a child born in the UK as a British citizen as soon as one of the parents becomes settled, the nationality department is likely to question the child’s immigration status if the child’s visa has expired. But not if the child never had a visa. So this is one of the factors to weigh in when making a decision whether to apply for the child’s visa or not.

If your entitled for ILR is much earlier than the expiry date of your visa, it will be safe to apply for the child’s citizenship without applying for a visa extension or ILR. But if the child’s visa expires while the application for registration is pending, technically the registration application does not extend the child’s visa and overstaying may be an issue.

This makes me confused about whether I have to extend for my kids for one year as dependent under GTV or take the risk and try to get the ILR before their current visa expires.

[CR001]

You do NOT have to extend the child's visa.

Yes the child becomes overatayer and free nhs use becomes an issue, but not having a visa due to expiry has absolutely no effect on a citizenship application for a UK born child and no one will ask any questions either. Ukvi obviously know what the rules and laws are!!

[zimba]

No need to get ILR for the child. That will be a waste of money. A child will be entitled to citizenship and no question for such a child will be raised. This is a very common advice and practice.

[MandMs]

Thank you all for the clarifications, greatly appreciated.

Just to clarify on dependent (MY WIFE) eligibility for ILR.

Should I extend my wife’s current Skilled Worker dependent visa for one year as a dependent under the GTV, or can I switch to the GTV myself and then immediately apply for ILR, followed by applying for her ILR at the same time?

Considering the worst-case scenario: her current visa expires on 6th February 2025. If her ILR application is rejected (e.g., due to not meeting the qualification period or any other issue) and her original visa has already expired, would we be able to apply for another dependent visa extension under my ILR, or would she be considered an overstayer? Additionally, would a rejected ILR application reset her qualifying period for ILR?

Thank you so much for your help

[MandMs]

Thank you all for the clarifications, greatly appreciated.

Just to clarify on dependent (MY WIFE) eligibility for ILR.

Should I extend my wife’s current Skilled Worker dependent visa for one year as a dependent under the GTV, or can I switch to the GTV myself and then immediately apply for ILR, followed by applying for her ILR at the same time?

Considering the worst-case scenario: her current visa expires on 6th February 2025. If her ILR application is rejected (e.g., due to not meeting the qualification period or any other issue) and her original visa has already expired, would we be able to apply for another dependent visa extension under my ILR, or would she be considered an overstayer? Additionally, would a rejected ILR application reset her qualifying period for ILR?

Thank you so much for your help

Please ignore my previous questions as I realized that she has to be dependent on GTV to be able to apply for the ILR.

Out of curiosity, is ILR rejection reset ILR clock?

[MandMs]

Thank you all for the clarifications, greatly appreciated.

Just to clarify on dependent (MY WIFE) eligibility for ILR.

Should I extend my wife’s current Skilled Worker dependent visa for one year as a dependent under the GTV, or can I switch to the GTV myself and then immediately apply for ILR, followed by applying for her ILR at the same time?

Considering the worst-case scenario: her current visa expires on 6th February 2025. If her ILR application is rejected (e.g., due to not meeting the qualification period or any other issue) and her original visa has already expired, would we be able to apply for another dependent visa extension under my ILR, or would she be considered an overstayer? Additionally, would a rejected ILR application reset her qualifying period for ILR?

Thank you so much for your help

This appears to be confusing me again. Sorry, but according to the below from this https://www.gov.uk/indefinite-leave-to- ... ly-members, do my partner "Wife" has to be dependent on my GTV in order to be able to apply for ILR? or she can directly apply for ILR (having 5 years as dependent Skilled worker + Dependent Tier 4) once I am eligible and no need to do a switch to GTV dependent? this is a bit confusing with respect to GTV guidance. Thanks

Eligibility for partners

Your partner may qualify if all the following apply:
they have permission to be in the UK as your partner (as a ‘dependant’ on your tier 1 (or Global Talent) visa)
they’ve lived in the UK with you as your dependant for at least 5 continuous years
your relationship is genuine
you intend to keep living together
you have enough income to support yourselves and your dependants
you’re not using public funds (benefits)

[zimba]

No. You have been advised now multiple times what the rules say

Under the GTV rules, the route of your dependent is irrelevant for ILR as long as they have been your dependent for 5 years under any route. So you and your spouse must apply for ILR together.

I covered the rules here and you can see the success of the applicant: https://www.immigrationboards.com/viewt ... 2#p2166414

The UK-born child can be registered as British when you get ILR. If your ILR takes longer and their visa expires, there is no side effect other than what you mentioned with the NHS access.