Skilled Worker Dependent Visa Extension when just 1.5 months short of ILR?

[aaj2111]

Hi All,

Request your support on queries regarding my wife ' dependent visa extension / ILR applications.

Background:
I have recently been granted ILR.
My wife's first BRP issue date: 22 March 2021
My wife’s skilled worker dependent visa dates per UK Home office letter: 4 Apr 2021 – 24 Jan 2026
My wife's arrival in UK: 11 Apr 2021

I am confused on whether she needs to apply for skilled worker dependent visa extension or can apply for ILR directly as believe she falls short by approx 1.5months.

Questions:
1. When will she be eligible to apply for ILR?
Would it be 7 March 2026 (5 years after start date of current visa -28 days) or 14 March (5 years after first arrival in UK - 28 days)?

2. As her current visa ends on 24 January 2026, is the only way forward to apply for extension for 3years and pay 3 years IHS just to fill the gap of around 1.5months ? Benefit- Lowest risk. Drawback - Definitely have to pay 3 years extension with no chance of money refund.

3. I have seen in some posts in the forum on similar cases that you can apply ILR directly but just needs to delay biometrics by 45 working days and as long as that falls within the window of ILR eligibility its all good and thus can save the money spent for 3 year extension? Benefit - Money on extension saved. Drawback- Unclear if risky.

4. I have seen in another post in the forum on similar cases that you can can apply for extension for 3 years, pay the IHS but delay biometrics by 45 working days, later when eligible for ILR apply for it directly on priority. Assuming the ILR gets processed faster than the dependent extension, can claim the money paid for 3 years extension as it wouldn't get processed by the time ILR is processed. Benefit - Unclear if any risk. Potentially can get extension money refunded.
Drawback- 3 years extension spending. Unclear if money will get refunded

Would request help to recommend the best path to take among 2,3,4.

Thank you.

[lolo2]

Option 3.

She will be eligible for ILR on 22 March 2021 + 5 years - 28 days. She doesn't need to apply for a visa extension.

The ILR application can be submitted on a date as closer as possible to the visa expiry date (24 January 2026) and delay biometrics ensuring the ILR decision is taken on or after the date above (22 March 2021 + 5 years - 28 days).

[zimba]

READ--> All you need to know about applying early, the application date, 28-day concession and more

[aaj2111]

Hi @zimba and @lolo2,

Thank you for the clarification. This is really helpful. Bit nervous with the visa process so I just wanted to double-check and have couple more questions, as I don’t want to take any risk with her ILR application. If there is any uncertainty, we are fully prepared to proceed with the dependent visa extension instead or vary dependent visa extension to ILR later.

As I was reading through the link share by @zimba just realized that the the date the applicant was granted entry clearance is important as well which I think I had missed altogether. Thank you again!

In my wife's home office letter it says:

16 Feb 2021

Dear XXXX,
Your application for a UK visa has been successful. This means when you arrive in the UK you will have permission to be in the UK(known as Leave to Enter) as dependent partner from 04 April 2021 to 24 Jan 2026.


Based on https://assets.publishing.service.gov.u ... idence.pdf
Simplifying it -
Would it be:
Criteria to be satisfied : Period of continuous residence > = 5 years - 28 days
Where 'Period of continuous residence' = Date of ILR decision - The date the applicant was granted entry
clearance as skilled worker dependent partner.

Summarizing:
Home office letter date (Is that the date of original decision?): 16 Feb 2021 (but it explicitly states that she has permission to be in UK only from 4 April 2021)
My wife's first BRP issue date: 22 March 2021
My wife’s skilled worker dependent visa dates per UK Home office letter: 4 Apr 2021 – 24 Jan 2026
My wife's arrival in UK: 11 Apr 2021

I am unsure what is the 'The date the applicant was granted entry clearance'. Is it the date of the letter which is 16 Feb 2021 or the date which says she has permission to be in the UK which is 04 April 2021 per the letter. The BRP issue date is another confusion all together.

Question -
1. When would it be the earliest she can apply for ILR?
2. Is it safe to say 100% that she doesn't need an extension and go with the suggested path of
The ILR application can be submitted on a date as closer as possible to the visa expiry date (24 January 2026) and delay biometrics ensuring the ILR decision is after the 'Period of continuous residence' condition is satisfied.

Thank you once again for the continued support. The community’s efforts are truly making a meaningful difference in the lives of immigrants and their families.

[zimba]

Use 4 Apr 2021 as the first date that her visa was issued. Advice on to apply early and benefit from the date of decision remains the same. There is no risk