ILR Eligibility for GTV Dependents

[mochess]

Hi everyone, I need some advice regarding dependants' eligibility for ILR

My wife and children were on a Student Dependant visa from 15 February 2021 to 22 January 2025, then switched to a Skilled Worker Dependant visa from 23 January 2025, and they are expected to switch with me to a Global Talent Dependant visa from August 2025.

Will the Student Dependant years be combined with their Skilled Worker Dependant and Global Talent Dependant years toward the 5-year ILR residence requirement?
If they have 3 more years left on Skilled Worker Dependant visas, should they switch to Global Talent Dependant to ensure the Student Dependant time counts toward ILR, or does it not make a difference?

Any advice or experiences would be really appreciated.

[lolo2]

Will the Student Dependant years be combined with their Skilled Worker Dependant and Global Talent Dependant years toward the 5-year ILR residence requirement?

Yes.

If they have 3 more years left on Skilled Worker Dependant visas, should they switch to Global Talent Dependant to ensure the Student Dependant time counts toward ILR, or does it not make a difference?

No, they don't need to switch.

Dependants can apply for ILR as SW dependant when they're eligible and before/by the expiry date of the current visa. It doesn't matter the lead applicant has a GT visa.

[mochess]

thank you so much. So, this means that they don't have to be dependent on the current visa the main applicant is on in the time of applying for IRL. However, they just need to be his dependent irrespective of the kind of visa.

[lolo2]

Correct, as long as the lead applicant has a work visa (e.g. SW, GT, etc).

[Jashim]

@mochess.
Thank you for raising this. I am in a similar situation here. I just got my ILR sorted with my GTV. My wife and kids also have applied for ILR. Their current visa is as Dependent under my previous Skilled Worker visa. They have applied becuase their 5 years qualifying period has already been fulfilled and we did not want to spend extra money by converting to GTV dependent. They are now waiting for their Biometrics on 12 August and hope to be able to confirm within couple of days after that (they have applied through priority service). So please dont hesitate to ask me after that time. We should be able to confirm.

Dear @Lolo2,
You are quite clear and helpful -as always. But I still have little of pulpition, considering some places in the UKVI where they seem to suggest that the partner/wife has to be in the Dependant in the GTV category. Such as - 1) https://www.gov.uk/indefinite-leave-to- ... ly-members.

[lolo2]

That's specifically referring to dependants of GTV (or business and investor visa) holders, i.e. if the applicant has a GT dependant visa, of course they can apply for ILR with that one.

The rules for ILR under the work route for dependants don't care about what (work) visa type dependants have, as long as they always have been dependant of the lead applicant.

See: https://www.gov.uk/indefinite-leave-to- ... -work-visa

Your partner’s last work visa must be one of the following:

• Skilled Worker or Tier 2 (General)

• Scale-up Worker

• International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)

• T2 Minister of Religion or Tier 2 (Minister of Religion)

• Tier 1 (Exceptional Talent)

• Tier 1 (Entrepreneur)

• Tier 1 (Investor)

• UK Ancestry

• Global Talent

You can use the search tool on the forum and see identical successful cases.

[mochess]

@jashim

I wish you all the best. Of course, I will get back to you after this time. Also, you can share the good news with us as well.

@lolo2 , thank you so much for your help.