ILR Strategy for Dependent with 2-Month Eligibility Gap - Advice Needed

[mathan_kumar]

Hi all, seeking advice on the best ILR strategy for my family, specifically for my partner (Parent 2).

Situation:

Parent 1 & Child: Straightforward ILR application in Sep 2025.

Parent 2 (Dependent):

BRP Expires: 14 Oct 2025

5-Year ILR Eligibility Date: 10 Dec 2025

Earliest ILR Application (28-day rule): 12 Nov 2025

This leaves a ~2 month gap between the visa expiring and ILR eligibility.

Our Two Options:

1. High-Risk Strategy ("Bridge the Gap"):

Apply for ILR just before 14 Oct 2025.

Delay the biometrics appointment until after 10 Dec 2025.

My Concern: Could a caseworker review the file and refuse it before the biometrics date, as the 5-year requirement wouldn't be met at that point?

2. Safe Strategy ("Apply and Vary"):

Apply for an FLR extension before 14 Oct 2025 (paying the FLR fee + IHS).

On/after 12 Nov 2025, submit a Priority ILR application to vary the FLR.

Downside: Costs an extra ~£827 for the non-refundable FLR application.

Question for the board:

Is the risk of a premature refusal in Option 1 significant enough to justify the extra cost of Option 2? Looking for recent experiences with either approach.

Thanks.

[lolo2]

What visa type you all have and what is the visa valid date from?

[CR001]

What visa type you all have and what is the visa valid date from?

Op is on skilled worker visa route.

So obviously the child cannot apply for ilr without the dependent parent.

[mathan_kumar]

What visa type you all have and what is the visa valid date from?

Op is on skilled worker visa route.

So obviously the child cannot apply for ilr without the dependent parent.

Yes - I'm on skilled worker visa - valid from 14-Oct-2020.
Child born outside UK - lives in UK from 22-Feb-2022 as dependent to me.

[zimba]

Lots of incorrect assumptions. There is no need to complicate things either

1. A child cannot apply for ILR with you. A child can only settle when both parents settle.

2. The 28-day concession has nothing to do with the date of application. This is due to poor understanding of the rules and procedures.
The concession actually allows you to get ILR before completing the 5 years.

Read: Applicants can benefit from the date of the ILR decision

3. An application is not processed unless you enrol your biometrics. I only see that your spouse is short of a month that needs to be bridged, which is between October and November. That can be easily filled by delaying the biometrics for up to 45 working days. Section 3C continues the lawful residence which will be counted towards the ILR qualifying period.

[mathan_kumar]

Lots of incorrect assumptions. There is no need to complicate things either

1. A child cannot apply for ILR with you. A child can only settle when both parents settle.

2. The 28-day concession has nothing to do with the date of application. This is due to poor understanding of the rules and procedures.
The concession actually allows you to get ILR before completing the 5 years.

Read: Applicants can benefit from the date of the ILR decision

3. An application is not processed unless you enrol your biometrics. I only see that your spouse is short of a month that needs to be bridged, which is between October and November. That can be easily filled by delaying the biometrics for up to 45 working days. Section 3C continues the lawful residence which will be counted towards the ILR qualifying period.

Your response is much appreciated - the link to that post helped me understand better.

I got few questions, could you help me as well, please?

About point 1, I arrived to the understanding of adding kid to the ILR based on the information found here: Eligibility for children. Given my kid's visa expires on 14-Oct-25, do I have to now apply for extension to continue the lawful residence or we all of us apply together as family on or before 14-Oct-25, based on the fact

you and your child’s other parent are both currently applying to settle, or are already settled

Initially, I was planning to apply for ILR for myself and my child starting from 16-Sep-2025, as my current Skilled Worker visa expires on 14-Oct-2025.

Following that, I intend to apply for my wife’s ILR on or before 14-Oct-2025, and delay her biometric appointment by 45 working days, which would fall on 15-Dec-2025. By then, she would be eligible (from 10-Dec-2025) under the decision date rule.

[CR001]

Your child CANNOT apply when you apply if your spouse is not applying at the same time.

Your child can apply with your spouse and delay biometrics for both of them.

So you either all apply together in October or you apply earlier and then apply for spouse and child together shortly before their visas expire.

[zimba]

Children do NOT have residence requirement for ILR. They can only settle when both parents settle (either together or after)
You do NOT need to delay the biometrics till December at all. They can be granted ILR in November within 28 days of completing their 5 years. That is when the biometrics should be booked.

[mathan_kumar]

Your child CANNOT apply when you apply if your spouse is not applying at the same time.

Your child can apply with your spouse and delay biometrics for both of them.

So you either all apply together in October or you apply earlier and then apply for spouse and child together shortly before their visas expire.

Thank you - your response brought me a clarification on how to proceed further, as in I go first, followed by spouse and kid later.

[mathan_kumar]

Children do NOT have residence requirement for ILR. They can only settle when both parents settle (either together or after)
You do NOT need to delay the biometrics till December at all. They can be granted ILR in November within 28 days of completing their 5 years. That is when the biometrics should be booked.

I get it now about the ILR part for the children—thanks again.
Also, I understand why she could book biometrics in mid-November.

In my spouse’s situation, she was granted her visa on 10-Dec-2020 and will be eligible to apply for ILR from 12-Nov-2025.

Considering we submit the application before her current visa expiry (14-Oct-2025) and book an appointment in mid-November (say, 15-Nov-2025) using the one-week priority service, here are the scenarios:

a) Application date – 14-Oct-2025: too early – not applicable
b) 28 days before eligibility date – 11-Nov-2025: 1 day short
c) Decision date – 15-Nov-2025: calculating backwards satisfies the 5-year period

Is my understanding correct?
Also, please confirm that both my spouse and child must apply via SET(M), since I’ll be applying early and hoping to have ILR granted before 14-Oct-2025.

[CR001]

They apply on form SET O!!

Form SET M is for a completely different family visa category not relevant to your dependants.

And your understanding is correct yes.

[mathan_kumar]

They apply on form SET O!!

Form SET M is for a completely different family visa category not relevant to your dependants.

And your understanding is correct yes.

Thank you so much - I'll post my updates here to help other when times nears.

[mathan_kumar]

They apply on form SET O!!

Form SET M is for a completely different family visa category not relevant to your dependants.

And your understanding is correct yes.

I would like to include one more detail about my spouse visa. She switched intime with in UK as a dependent to me from her tier 2 visa. She submitted application on 27-Oct-20, and received BRP approval email on 10-Dec-20. All the AI's suggest to take 27-Oct-20 as start date instead of the later for calculating the ILR eligibility period. However, I read online saying that leave grant date(10-Dec-20) is the valid one. Is my understanding correct?

[mathan_kumar]

They apply on form SET O!!

Form SET M is for a completely different family visa category not relevant to your dependants.

And your understanding is correct yes.

I would like to include one more detail about my spouse visa. She switched intime with in UK as a dependent to me from her tier 2 visa. She submitted application on 27-Oct-20, and received BRP approval email on 10-Dec-20. All the AI's suggest to take 27-Oct-20 as start date instead of the later for calculating the ILR eligibility period. However, I read online saying that leave grant date(10-Dec-20) is the valid one. Is my understanding correct?

Also, I find one more thing which stands different from other application related queries is that, I'm applying for my spouse very early even early than 28 days concession.
My spouse visa grant on, 10-Dec-20
Eligible to apply from, 12-Nov-2025 (based on 28 days concession rule).
However, I'm applying on 14-Oct-25, which is very well ahead. Is there a chance that case worker could refuse the application saying applied pre mature well before my bio metric collection date(say, 15-Nov-25?

[lolo2]

They will be eligible for ILR on 10 December 2020 + 5 years - 28 days. You just need to ensure that a decision on the application is made within that timeframe. The date of application is less relevant.

You already were advised on this and you even made a plan. No need to ask the AI about something that's clear in the immigration guidance.

CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.Immigration consulting services

[zimba]

Please read this post again.
I explained everything is great detail: Applicants can benefit from the date of the ILR decision

FYI: DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

[mathan_kumar]

They will be eligible for ILR on 10 December 2020 + 5 years - 28 days. You just need to ensure that a decision on the application is made within that timeframe. The date of application is less relevant.

You already were advised on this and you even made a plan. No need to ask the AI about something that's clear in the immigration guidance.

CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.Immigration consulting services

Appreciate your response. I had a clear idea after reading one of the post shared by mod about the application date, however, one of the AI confused me saying this,

Think of it like the opening hours for a park. If a sign says, "You can enter the park between 9 am and 5 pm," it is not offering a suggestion. It is defining the only window of time in which entry is permitted. Trying to enter at 8 am is not allowed.
The 28-day rule works the same way.
The phrase "Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period" defines the absolute earliest point that a valid application can be made.
Applying even one day before that 28-day window opens is like trying to enter the park before it opens. The application will be considered premature and will be refused for failing to meet the requirements of the rules. It is a definite pass/fail test, not a guideline.

[CR001]

Stop using AI for immigration advice!!!

Follow only the official UKVI guidance and the rules!!!

[mathan_kumar]

Stop using AI for immigration advice!!!

Follow only the official UKVI guidance and the rules!!!

I agree - I should take this opportunity to thanks again to all your responses so far.