Indefinite Leave to Remain - Long term route

[skumarr]

Hi,

Currently, I'm on a skilled worker visa valid until Aug 2026 and my child is on a skilled worker dependent visa.

I will complete my 10-year long route on Feb 2025 however my dependent child will complete 8 years. That left with my following questions,


1. I will be eligible to apply for ILR by Feb 2025 however my child won't be eligible to apply along with me?
2. Should he remain on the skilled worker dependent visa until Aug 2026 and then he becomes eligible?

Appreciate your help!

[CR001]

What is the immigration status of the other parent?

[skumarr]

Another parent has an independent skilled worker visa and she will be eligible for ILR on Aug 2025.

[CR001]

Once both parents have ilr, then the child can apply for ilr on form Set O or set F.

[skumarr]

thanks for the response.

Is he not required to complete either 5 years or 10 year before applying for ILR?

[CR001]

He can apply for ilr when both parents have ilr.

[skumarr]

thanks for the response. Sorry, i have one more question.,

We are going to apply for the extension which is due on Aug 2024. In that case, what would be the expiry date for my dependent child? Will that align with my expiry date(Aug 2026) or my wife's expiry date (Aug 2025)?

[CR001]

It will be the same expiry date as your spouse's visa

[skumarr]

Hi,

I'm looking for an best possible way to submit ILR.

I currently hold skilled worker visa until Aug 2026 however ill be finishing 10 years by Feb 2025.

My kid has a dependent visa and he was born outside UK. My wife holds a skilled worker visa and she becomes eligible for ILR (5-year route) by Aug 2025.

I was in different visa route over the year and unsure whether my 10year route is eligible to apply.

1 year in ICT short term route
5 years in ICT long-term route
4 years in Skilled worker route

There is a gap of 172 days between my short term and long term route visa otherwise I was only away from UK for a month to two max. I have not have spent more than 18 months.

I have travel documents to proof the visits. Any other documents should I carry to prove the residence from Day 1? If I apply on Feb 2025 then what will happen to my kid dependent visa? When my kid can apply? Can my kid apply along with my wife together? Is it better to apply all at one time?

I appreciate your help on this.

[zimba]

I suggest you read this and ensure you do not exceed the absences: https://www.immigrationboards.com/viewt ... 7#p2171106
How do you have a gap ? Did you leave the UK before the visa expiry, apply again and return within 6 months ?

As advised previously, your kid will follow your spouse and settle with her. Their visa remains unchanged

[skumarr]

thanks for the response.

My 172-day gap is when I left the UK just before my one-year ICT visa expired and returned to the UK through a new long-term ICT visa.

11/02/2016 - Date I left after completing my ICT short term 1 year visa
31/07/2016 - Returned to UK through ICT long term 5 year visa

[zimba]

It is ok then

[inuk007]

May I check if I’m correct, the period outside UK (I.e 172 days) can be included in 10 years lawful residence/ qualifying period calculation even if we don’t hold visa. I.e the gap between ICT short term visa expiry date and ICT long term visa start date?

[zimba]

Yes

[skumarr]

Hi,

thanks again.

Can i please check few things.

1. As per the Gov.uk I can stay outside the UK for 184 days in 12 months however I should not stay outside more than 180 days continuously. You can see below that I have spent 182 days outside UK during 2016 however I have stayed only 171 days in continuous.

Journey Start Date End Date Diff in days
Start 22/02/2015 22/02/2015
Journey 1 15/10/2015 08/11/2015 24.00
Journey 2 11/02/2016 31/07/2016 171.00
Journey 3 15/10/2016 26/10/2016 11.00
Journey 4 27/04/2017 07/05/2017 10.00
Journey 5 07/07/2017 06/08/2017 30.00
Journey 6 25/05/2019 02/06/2019 8.00
Journey 7 05/03/2022 27/03/2022 22.00
Journey 8 26/06/2024 11/08/2024 46.00


2. My initial biometric start date is 15th Feb 2015 however I have travelled on 22nd Feb 2015. Should I calculate 28 days from 15th or 22nd ?

I appreciate your help!

[skumarr]

Hi,

My other question is should i consider the start / end date when calculating the no of days?

[zimba]

1. It is 184 days as per the long residence rules. The dates of travel should be excluded
2. Calculate it from the first visa issue date

[skumarr]

Hi,

thanks.

is it any 12 months rolling period or 12 months with in a year?

[zimba]

Lawful and continuous residence changes to Long Residence route from 11 April 2024

[skumarr]

thanks,

What does this mean "So no single continuous absence period of more than 184 days or more". Is it just with in a year or across two year as well?

[zimba]

thanks,

What does this mean "So no single continuous absence period of more than 184 days or more". Is it just with in a year or across two year as well?

Self explanatory. This has no relevance to any specific year. A continuous period of 184 days or more