ILR Eligibility for Dependant — ICT Dependant → Skilled Worker Dependant (5+ years UK residence but mixed routes)

[leading01]

Timeline:

- Sep 2019 – Wife entered UK as ICT Dependant with validity till Apr 2022
- Aug 2021 Main applicant granted skilled worker with validity till Aug 2026
- April 2022 – Wife Switched to Skilled Worker Dependant with validity till Aug 2026
- May/Jun 2026 – I'm applying for ILR under Skilled Worker route (relying on SW 21.2(i) COVID concession, qualifying period from 18 June 2021)

My understanding:

Under SW 39.1(a), a dependant can apply for settlement at the same time the main applicant is being granted ILR as a Skilled Worker. The dependant must have last been granted permission as a dependent partner/child of the Skilled Worker
(SW 39.2(a)).

However, SW 42.1 states the dependant must have spent a continuous period of 5 years with permission as a dependent partner of the Skilled Worker.

My question:

My wife has been in the UK since Sep 2019 (6+ years), but only as a Skilled Worker Dependant since April 2022 — which is under 5 years at the point I apply for ILR.

1. Does the time spent as an ICT Dependant count toward the 5-year qualifying period for dependant settlement under SW 42.1?
2. Or does she need 5 years specifically as a Skilled Worker Dependant?
3. If she doesn't qualify at the same time as me, can she apply later under SW 39.1(b) once I'm settled?

I've seen conflicting information online. Some sources suggest ICT Dependant time doesn't count, others suggest it does.

Any guidance from those who've been through this or immigration professionals would be appreciated.

Thanks in advance.

[zimba]

The route of the dependant visa does not matter. You both qualify together

See --> viewtopic.php?t=359098#p2206692

[leading01]

Thanks @zimba