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

[aaj2111]

Hi @zimba

Thank you. Just to confirm the recommended approach.
My wife’s skilled worker dependent visa dates per UK Home office letter: 4 Apr 2021 – 24 Jan 2026.

Steps:
1. Apply ILR: 23 Jan 2026 (1 day before current dependent visa expiry date)

2. Delay biometrics till reaching eligibility date. This is with the understanding that there will be 45 working days legally available to attend biometrics appointment, post application submission and according to https://www.timeanddate.com/date/weekda ... m1=1&d1=23 the last date to attend biometrics appointment will be before 27th March 2026.

3. Book biometrics appointment between 7th March (28 days before 5 year completion) and 27th March 2026(last date of biometrics appointment based on application submission date).

[zimba]

Correct

[Poornisharma]

Hi aaj211,

I am exactly in a similar situation as yours. My spouse dependent PBS visa will expire end of March & he will be eligible for ILR end of April. I have consulted couple of immigration lawyers and both have suggested Option 4.
I can see moderators and senior members have suggested option 3 but this option was rejected by the immigration consultants as gap is more than a month and it can be risky.
I will follow this post and please keep posted. It will also help me in my case later.

Regards

[lolo2]

There is no risk on that option, please do not tag on others' posts with inaccurate information provided elsewhere.

The advice given to the OP is based on the current immigration rules, many have followed the same procedure with no issues.

Immigration lawyers often give wrong advice.

[zimba]

Hi aaj211,

I am exactly in a similar situation as yours. My spouse dependent PBS visa will expire end of March & he will be eligible for ILR end of April. I have consulted couple of immigration lawyers and both have suggested Option 4.
I can see moderators and senior members have suggested option 3 but this option was rejected by the immigration consultants as gap is more than a month and it can be risky.
I will follow this post and please keep posted. It will also help me in my case later.

Regards

This is a very well-understood topic. The advice given above is correct and strictly based on the immigration rules. This has been applied hundreds of times without failure. Most immigration advice I have seen from consultants or lawyers have been absolutely terrible and mostly wrong

[aaj2111]

Hi @zimba @lolo2

Big thanks to everyone here for the advice and guidance. Your insights helped successfully get the ILR for my wife today without going for any visa extension, despite having a short gap between visa end date and eligible date for ILR!

Hi @zimba

Thank you. Just to confirm the recommended approach.
My wife’s skilled worker dependent visa dates per UK Home office letter: 4 Apr 2021 – 24 Jan 2026.

Steps:
1. Apply ILR: 23 Jan 2026 (1 day before current dependent visa expiry date)

2. Delay biometrics till reaching eligibility date. This is with the understanding that there will be 45 working days legally available to attend biometrics appointment, post application submission and according to https://www.timeanddate.com/date/weekda ... m1=1&d1=23 the last date to attend biometrics appointment will be before 27th March 2026.

3. Book biometrics appointment between 7th March (28 days before 5 year completion) and 27th March 2026(last date of biometrics appointment based on application submission date).

[lolo2]

Congratulations!

[zimba]

Congratulations
As usual, immigration lawyers proven to be wrong once again