ILR 5 year route skilled worker visa check for my dependent child

[vyshnavimugundon]

Hi, I have received ILR via 10year route in Mar 2024. I was holding skilled worker visa from 04-11-2020 until 01-Nov-2025.

My wife holding dependent visa from 01-04-2021 until 01-nov-2025 ( she was holding main applicant visa and she became my dependent after few months from mine)

First question - Is she eligible to apply ILR via 5 year route in skilled worker dependent please?

Second question is - My wife was there with me from 2014 but she have some break like below.

Is she eligible to apply ILR either please?

Entrance	Exit	Validity	Visa Type
21-Jun-14	20-Jul-14	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
13-Feb-15	19-Feb-15	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
12-Mar-15	28-Aug-15	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
14-Apr-16	25-Jan-17	31-03-2016 TO 13-01-2017	TIER 2 ICT DEPENDENT
15-Feb-17	14-Jul-17	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
19-Aug-17	02-Aug-18	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
30-Aug-18	05-Oct-18	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
22-Oct-18	10-Aug-21	22-10-18 entry clearance	TIER 2 GENERAL MAIN
06-Sep-21	12-Apr-22	21-12-2018 to 18-11-2023	TIER 2 GENERAL MAIN
06-May-22		04-Apr-21 to 18-10-2023	TIER 2 GENERAL DEPENDENT
		11-08-2023 to 01-11-2025	SKILLED WORKER DEPENDENT

[vyshnavimugundon]

Hi, I have been granted ILR via 10 year route in March 2024. My last visa was skilled worker visa from 04-11-2020 to 18-10-2023 and 11-08-2023 to 01-11-2025.

My son is holding skilled worker dependent visa same like me from 04-11-2020 to 18-10-2023 and 11-08-2023 to 01-11-2025. As a side note - he was living with me from 2016 to till now continiously with different visa category like ICT, general.

Question is - I am planning to apply ILR for my child via 5year route as my son will complete 5 years in 01-11-2025. Is it ok to apply please?

[CR001]

Your child cannot apply for ilr if your spouse isn't applying with the child or if your spouse does not already have ilr.

You need to state the number of absence days for your wife, not just the dates. Unfair to expect stranger on the forum to work out and do the calculations for you.

[zimba]

Time spent under the dependant visa and the main visa cannot be combined for ILR under skilled worker route. She seem to have had an absence of nearly a year which means her continuous residence is broken, she will only become eligible in 2026 by the look of it.

As advised before, children do not have a residence requirement and can settle only when both parents settle

[vyshnavimugundon]

Please find updated formatted data

from 29-Oct-2015 to 31-Mar-2016 was outside UK without VISA.

Exit	Entrance	Days Outside UK (Trip)	Calendar Year Breakdown (Days Outside UK)
20-Jul-14	13-Feb-15	209	2014: 165 days, 2015: 44 days
19-Feb-15	12-Mar-15	21	2015: 21 days
28-Aug-15	14-Apr-16	230	2015: 126 days, 2016: 104 days
25-Jan-17	15-Feb-17	22	2017: 22 days
14-Jul-17	19-Aug-17	36	2017: 36 days
02-Aug-18	30-Aug-18	29	2018: 29 days
05-Oct-18	22-Oct-18	18	2018: 18 days
10-Aug-21	06-Sep-21	28	2021: 28 days
12-Apr-22	06-May-22	24	2022: 24 days

Hi, I have received ILR via 10year route in Mar 2024. I was holding skilled worker visa from 04-11-2020 until 01-Nov-2025.

My wife holding dependent visa from 01-04-2021 until 01-nov-2025 ( she was holding main applicant visa and she became my dependent after few months from mine)

First question - Is she eligible to apply ILR via 5 year route in skilled worker dependent please?

Second question is - My wife was there with me from 2014 but she have some break like below.

Is she eligible to apply ILR either please?

Entrance	Exit	Validity	Visa Type
21-Jun-14	20-Jul-14	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
13-Feb-15	19-Feb-15	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
12-Mar-15	28-Aug-15	27-May-2014 - 29-Oct-2015	TIER 2 ICT DEPENDENT
14-Apr-16	25-Jan-17	31-03-2016 TO 13-01-2017	TIER 2 ICT DEPENDENT
15-Feb-17	14-Jul-17	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
19-Aug-17	02-Aug-18	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
30-Aug-18	05-Oct-18	18-01-2017 TO 29-01-2019	TIER 2 ICT DEPENDENT
22-Oct-18	10-Aug-21	22-10-18 entry clearance	TIER 2 GENERAL MAIN
06-Sep-21	12-Apr-22	21-12-2018 to 18-11-2023	TIER 2 GENERAL MAIN
06-May-22		04-Apr-21 to 18-10-2023	TIER 2 GENERAL DEPENDENT
		11-08-2023 to 01-11-2025	SKILLED WORKER DEPENDENT

[vyshnavimugundon]

Time spent under the dependant visa and the main visa cannot be combined for ILR under skilled worker route. She seem to have had an absence of nearly a year which means her continuous residence is broken, she will only become eligible in 2026 by the look of it.

As advised before, children do not have a residence requirement and can settle only when both parents settle

Apologies for not adding calculated days. Just updated in comments.
However, I shall understand that, my spouse she will be eligible only in 2016 hence my child also will be eligible that time.
Can you please help me to suggest what is the option to extent stay please?
1. Currently my spouse and child holding Skilled worker dependent. However, I have received my ILR Mar 2024 and I dont have any COS reference - I have it in my earlier application form, however, As I have received my ILR my COS expired/not sure . Without COS is it possible to extend in skilled worker visa dependenant for my spouse and child please?
2. Or is there any other way to extend please - As I need atleast 6 months - is there any possible for short stay visa.

[zimba]

1. Your work status is irrelevant for their visa. They depend on you. You provide your old details wherever asked.
2. Any visa extension will be fixed for 3 years. You cannot request a shorter period

[vyshnavimugundon]

1. Your work status is irrelevant for their visa. They depend on you. You provide your old details wherever asked.
2. Any visa extension will be fixed for 3 years. You cannot request a shorter period

Thanks much for your suggest. So, to just confirm, I can apply extend for my spouse and child in skilled worker dependent annd my spouse will complete 5 yrs jn Apr 2026, then they will be eligible to apply ILR via 5year route please?
And can you please help me to get apply link for skilled worker dependent to just make sure correct form and type please.

Highly appreciate your suggest on this.

Thanks again

[vyshnavimugundon]

1. Your work status is irrelevant for their visa. They depend on you. You provide your old details wherever asked.
2. Any visa extension will be fixed for 3 years. You cannot request a shorter period

Thanks much for your suggest. So, to just confirm, I can apply extend for my spouse and child in skilled worker dependent annd my spouse will complete 5 yrs jn Apr 2026, then they will be eligible to apply ILR via 5year route please?
And can you please help me to get apply link for skilled worker dependent to just make sure correct form and type please.

Highly appreciate your suggest on this.

Thanks again

Just asking because some one mentioned that if main applicant got the ILR via 10 year route then dependent also should get ILR via 10 year route. Hence to just make sure my dependent can apply ILR via 5year route in Apr 2026 once they complete 5 years ?

Really appreciate your response on this

Thanks

[CR001]

That is an old rule that changed quite some time ago.

They can apply based on 5 years dependent visa route.

[zimba]

1. Your work status is irrelevant for their visa. They depend on you. You provide your old details wherever asked.
2. Any visa extension will be fixed for 3 years. You cannot request a shorter period

Thanks much for your suggest. So, to just confirm, I can apply extend for my spouse and child in skilled worker dependent annd my spouse will complete 5 yrs jn Apr 2026, then they will be eligible to apply ILR via 5year route please?
And can you please help me to get apply link for skilled worker dependent to just make sure correct form and type please.

Highly appreciate your suggest on this.

Thanks again

Yes.
The links can be found on this page: https://www.gov.uk/skilled-worker-visa/ ... d-children

Also read: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

[vyshnavimugundon]

1. Your work status is irrelevant for their visa. They depend on you. You provide your old details wherever asked.
2. Any visa extension will be fixed for 3 years. You cannot request a shorter period

Thanks much for your suggest. So, to just confirm, I can apply extend for my spouse and child in skilled worker dependent annd my spouse will complete 5 yrs jn Apr 2026, then they will be eligible to apply ILR via 5year route please?
And can you please help me to get apply link for skilled worker dependent to just make sure correct form and type please.

Highly appreciate your suggest on this.

Thanks again

Yes.
The links can be found on this page: https://www.gov.uk/skilled-worker-visa/ ... d-children

Also read: ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

Thanks much for your time and response. Highly appreciated. Just forgot to mention one thing.

I have not completed 5 full year in skilled worker main applicant, before that i have got ILR via 10 year route. So, to just confirm - my spouse still can extend with their skilled worker dependent visa and after completing 5 years they can apply ILR via 5 year route - is this my understanding correct please?

Thanks again for your wonderful support

[vyshnavimugundon]

Hi,

sorry for asking another question.

my spouse had tier 2 general visa from 21-12-2018 to 18-11-2023 and tier 2 general dependent from 04-Apr-2021 to 18-10-2023 and skilled worker dependent from 11-08-2023 to 01-11-2025.

And, some people say like below. She may be eligible to apply ILR via 5yr route as count starts from 21-12-2018

Can you advise/suggest me on this please?


The 5-year route for ILR (often called the "long residence" or "work route" ILR) counts any continuous period of lawful residence in the UK under eligible visa categories. Both the Tier 2 General (as a main applicant) and Tier 2 General Dependent/Skilled Worker Dependent visas are eligible routes for ILR.

The key is that she has been continuously resident in the UK under any eligible immigration category for 5 years. The fact that she switched from being a main applicant to a dependent does not reset the clock for her continuous residence period for ILR purposes.

[CR001]

Wherever you got that advice, it is totally incorrect and absolute nonsense.

There is no such thing as a 5 year long residence route. Only a 10 year long residence route where different visas can be combined.

For 5 years route ILR, you need 5 years as a dependent or 5 years as the main skilled visa holder. You cannot combine the main visa time with the dependnet time to make up 5 years. The rules do not allow this.

Her ILR clock for 5 years ILR starts when her skilled worker dependent visa was issued.

[vyshnavimugundon]

Wherever you got that advice, it is totally incorrect and absolute nonsense.

There is no such thing as a 5 year long residence route. Only a 10 year long residence route where different visas can be combined.

For 5 years route ILR, you need 5 years as a dependent or 5 years as the main skilled visa holder. You cannot combine the main visa time with the dependnet time to make up 5 years. The rules do not allow this.

Her ILR clock for 5 years ILR starts when her skilled worker dependent visa was issued.

Ok - thanks for clarifying.

[zimba]

Thanks much for your time and response. Highly appreciated. Just forgot to mention one thing.

I have not completed 5 full year in skilled worker main applicant, before that i have got ILR via 10 year route. So, to just confirm - my spouse still can extend with their skilled worker dependent visa and after completing 5 years they can apply ILR via 5 year route - is this my understanding correct please?

Thanks again for your wonderful support

Yes. Read the advice given under the links provided

[vyshnavimugundon]

Thanks much for your time and response. Highly appreciated. Just forgot to mention one thing.

I have not completed 5 full year in skilled worker main applicant, before that i have got ILR via 10 year route. So, to just confirm - my spouse still can extend with their skilled worker dependent visa and after completing 5 years they can apply ILR via 5 year route - is this my understanding correct please?

Thanks again for your wonderful support

Yes. Read the advice given under the links provided

Hi thanks for all your support and sorry to come back again probably with same question. I have checked few solicitors and most of them are saying that , as I have got ILR via 10 year route and not completed 5 years ( Just broke 5 year SW and got ILR route) - currently my spouse and chiildren can not extend skilled worker as I am no longer in skilled worker visa and got ILR via 10 year route and not completed 5 years in SW and ILR not got via 5 year route.
And, they were suggesting need to apply via FLR route only.

However, I am just planning to go whichever is correct and benefits . Hence, sorry again to confirm here.
I could not find the article where people says that, without completing 5 years in SW and got ILR via 10 year route and still depdendents can extend SW visa.

I really confused on which path i need to follow as My wife current SW Depdnent visa expires on Nov1 - I need to apply before and My spouse Apr 26 she compplete 10 years in UK.

Only thing is that if extend in FLR it resets clock (but in Apr 26 she will be eligible via 10 year route) And, 10 year route we get only super priority service where in SW 5 year route we get priority service also.

Just thinking is there any way to save some money.

Sorry to request you again on this question, if you confirm it or any suggest on this - that will be highly appreciated.

And, seems the mistake/our situation was my spouse applied bit late on SW dependent visa while we applied bit earlier around 4 months .
Her visa was --> 23-04-2021 - 18-10-2023 ( main applicant mine from 04-11-2020 to 18-10-2023)
my spouse (2 years 5 months) main applicant got (2 years 11 months)
and with extension 11-08-2023 - 01-Nov-2025 (same as main applicant) - 2yrs 2 months.

[zimba]

I have shared with you all the links above. The advice remains the same and the solicitors are totally wrong to suggest FLR(M). The rules do not care how you as the main applicant settled, it only cares that when the main applicant settled, they had leave under the skilled worker rules.

This is what all these solicitors do not understand. The forum is filled with terrible and wrong advice from solicitors. Both extension and ILR are possible under the skilled worker rules for such dependants, as per the immigration rules.

SW 26.2. An application for entry clearance or permission to stay as a partner or child of a Skilled Worker must meet all the following requirements:
(a) any fee and Immigration Health Charge must have been paid; and
(b) the applicant must have provided biometrics when required; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be applying as partner or child of a person (P) who:
(i) has made a valid application for entry clearance or permission to stay in the UK on the Skilled Worker route that has not been decided; or
(ii) has entry clearance or permission to stay on the Skilled Worker route; or
(iii) is settled or has become a British citizen, providing that P had permission on the Skilled Worker route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

https://www.gov.uk/guidance/immigration ... led-worker

Here is a successful case: viewtopic.php?t=340834

[vyshnavimugundon]

I have shared with you all the links above. The advice remains the same and the solicitors are totally wrong to suggest FLR(M). The rules do not care how you as the main applicant settled, it only cares that when the main applicant settled, they had leave under the skilled worker rules.

This is what all these solicitors do not understand. The forum is filled with terrible and wrong advice from solicitors. Both extension and ILR are possible under the skilled worker rules for such dependants, as per the immigration rules.

SW 26.2. An application for entry clearance or permission to stay as a partner or child of a Skilled Worker must meet all the following requirements:
(a) any fee and Immigration Health Charge must have been paid; and
(b) the applicant must have provided biometrics when required; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be applying as partner or child of a person (P) who:
(i) has made a valid application for entry clearance or permission to stay in the UK on the Skilled Worker route that has not been decided; or
(ii) has entry clearance or permission to stay on the Skilled Worker route; or
(iii) is settled or has become a British citizen, providing that P had permission on the Skilled Worker route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

https://www.gov.uk/guidance/immigration ... led-worker

Here is a successful case: viewtopic.php?t=340834

Thanks much for your time to response and really appreciate it. And I remember you suggested that - we can use old COS even if expired.

And, when i try to fill the form - I have provided COS number - luckily found it in some place
And, it is asking work start date and date - which i am not sure what to put. But, it says below that - this start and date will be used to calculate IHS fees. And, as said in portal link - there is no option to choose COS 3 years or less - seems probably form got updated.

Question is -> what i shall put start and end date please. My spouse visa expires on Nov 1 2025, shall i put start date as Nov 1 2025 and end date Nov 1 2028.
And, I just tried to put 1 year to just try - it said IHS fees was 1080£. So thought of requesting your suggest and help on this.
btw - I tried to create application in UKVI portal using UKVI account. Seems once declaration is done then only we can see how much need to pay as IHS fees and then we could not change the form and only option is you need to delete the form and raise again.

Really appreciate your suggest on this.
Thanks
Thanks

[zimba]

This is a known problem. The immigration health surcharge online system is not smart enough to calculate this correctly for people who have ILR. ILR has no expiry date so you should enter a date that is 3 years in the future to get a correct IHS calculation. Otherwise, the system will charge you less and the caseworker has to request you to pay the remaining fees