ILR for dependants on multiple dependant VISAs

[tumpa]

HI, I am a 39 year old lady holding an Indian passport.
My husband came to UK on a Tier 2 Intra company transfer(ICT) VISA in March 2014. Got a new job as Skilled worker on 18th March 2021 and then applied for ILR on March 2024 using 10 years route, ILR approved. Last month i.e October 2025, got his UK passport as well.

I too came along with my husband to UK on 14th of April 2014 as the dependant on a "Tier 2 ICT long term staff partner" VISA. However, I had to go back to India due to medical reasons on 29th September 2016 and came back to UK on 13th September 2017 (Gap of more than 300 days) . Since 13th September 2017 I had been residing continuously in the UK on the same "Tier 2 ICT long term staff partner VISA" with small trips abroad, not exceeding 100 days at a stretch, till 10th May 2021. Total number of days absent from the UK not exceeding 300 days.
On 11th of May 2021 my VISA was changed to “Dependant Partner Leave to remain” within the UK itself , as my husband changed his VISA type from “Tier 2 ICT Established staff” to “Skilled Worker Leave to Remain” as mentioned above (my husband applied for my VISA after his VISA got approved, hence a gap of 2 months in the start date). The end date for my VISA is 31st March 2026, same end date as that of my husband’s. I am still in the UK on the same “Dependant Partner Leave to remain” i.e the Skilled worker dependant VISA till date.

Question 1 : When will I be eligible for my ILR under any permissible route i.e be the 5 year or the 10-year route or any other possible ways. I have always been on a dependant VISA.

>Option 1 : As my Skilled worker dependant VISA is from 11th of May 2021 till 31st March 2026, do I need to apply for a dependant VISA again before applying for ILR, as the 5-year period is still not completed, falls short by just 2 months? My husband changed his company, so getting a new CoS is not an option and the earlier CoS expired on 31st March 2026. Is extending my Skilled worker dependent VISA an option at all. Or a combination of dependant VISA works for the 5 year eligibility for ILR, so that I can become eligible in March 2026 under the 5 year route.
OR
>Option 2 : I can apply for ILR on 13th September 2027 using the 10-year route? In this case I have to reapply as dependant spouse of a UK citizen first (my husband already got his UK passport as stated above) on 31st March 2026 after my skilled worker dependant VISA expires, spend around 2 years in this VISA and then apply for ILR in the 10 year route.

Question 2 : As soon as I get the ILR can I apply for British passport directly without waiting for additional one year as the main applicant i.e my husband is a British citizen now?

[CR001]

You can apply now as you appear to have 5 years on a dekd with visa, if you meet all rhe requirement.

All depdent visas count toward 5 years. You dont have to only be on the skilled worker dependent visa, the ict dependent visa also counts for ILR on form Set O.

Please ask your British citizenship questions in the British citizenship sub forum, to apply for naturalisation first, before you can get a passport, tbey are two separate processes.

[tumpa]

Many thanks for the update. I was going through the document "Indefinite leave to remain if you have family in the UK" available in the location "https://www.gov.uk/indefinite-leave-to- ... -work-visa" which states as below. Just wanted to understand a bit more regarding the "any other type of work visa" i.e which work visas are eligible, can we get a definite list for them and will a combination of those work visas be eligible towards the ILR eligibility for 5 years.

For example, as stated above my wife who was on a Tier 2 ICT dependent visa for 4+ years and on a skilled worker dependent visa for 4+ years, so with a combination of both, as she has completed the continuous residence in UK for 5 continuous years, is she eligible for ILR. Tier 2 ICT is not listed as part of partner's work visa. So is a bit confused.

Snippet from the document as below:

Your current visa Time in the UK
A dependant on a UK Ancestry or Representative of an Overseas Business visa No requirements
A dependant on any other type of work visa At least 5 years living with your partner


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
Representative of an Overseas Business
Domestic Worker in a Private Household, if they came to the UK before 6 April 2012

[lolo2]

That guidance refers to the last work visa of the partner - the lead applicant.

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

Skilled Worker or Tier 2 (General)

Your wife is eligible for ILR as a skilled worker dependant visa holder. It doesn't matter what type of dependant visa she has had, all the time on those can be combined.

Use form SET(O).

[zimba]

It is a common misconception that the old PBS dependant routes were different. There was never a separate dependant route for various PBS dependants at all. They were all issued under the same route as 'PBS dependant'. There was never a route called 'Tier 2 ICT dependants' at all. Applicants have these misconceptions as they make assumptions and have poor understanding of the immigration rules.

Your dependants will now be applying for ILR under the skilled worker rules. The current ILR rules for skilled worker route do NOT care about the type of the dependant visa of your dependants as long as your spouse has been your 'dependant partner' for 5 years (even time spent under the family route counts).

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

https://assets.publishing.service.gov.u ... routes.pdf

[tumpa]

Hi Zimba, Many thanks for your intervention. I also wanted to ask whether my daughter who is 8 years old, not born in the UK, but came along with me as a dependant to my husband in September 2017 on a Tier 2 Dependant VISA and then switched to a Skilled worker dependant VISA on May 2021, is also eligible for ILR and can apply along with me i.e her mother for ILR. We are planning to apply in January 2026.

I have also been in touch with Home office regarding this matter where they referred me to this document "https://www.gov.uk/indefinite-leave-to- ... -work-visa" and it states here that

"You can only use time you’ve been in the UK as a dependant on your partner’s visa towards your continuous residence.

Your current visa Time in the UK
A dependant on a UK Ancestry or Representative of
an Overseas Business visa No requirements
A dependant on any other type of work visa At least 5 years living with your partner"

However I responded back to the Home Office for a list of "any other type of work visa" as stated in the document, as its a very generic statement and not very clear. I recently had a discussion with an immigration lawyer (spent around £100 + VAT) who stated that in such scenarios "Tier 2 Intra Company Transfer" work visas are not eligible for and he has his own set of arguments.

However you clarified this very well and the document you posted also gave a very good insight on this scenario.

[tumpa]

HI Lolo2, Sorry to bother you again on this topic, but I had a further discussion with my lawyer and he is stating that yes a combination of multiple dependant visas can work however time spent as a dependant of a "Tier 2 ICT permit holder" will not count towards that 5 years period. He has given me a written statement as below:

"Please note that time spent as a dependent on the ICT route does not count toward the 5-year continuous residence requirement for settlement as a dependent partner of a Skilled Worker. Please refer to page 14 of the Continuous Residence Guidance (https://assets.publishing.service.gov.u ... idence.pdf) which explicitly states:

"A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes:

Global Talent
Innovator Founder
T2 Minister of Religion
International Sportsperson
Skilled Worker
Scale-up
Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)"

This list does not mention the ICT route; therefore, I recommend that you follow the most appropriate course of action."

Sorry may be I am confusing you all too much, however as there are no written and clear directives from Home Office, which is adding further to this confusion. If you can advice that would be helpful. Thanks. If the application is rejected I will loose around £3000, so a bit cautious about this.