Combining ICT Dependent & Skilled Worker Dependent Time for ILR – Is It Possible

[kesban]

Hi all, hoping someone with experience or knowledge in this area can help!

Background:
• June 2018 – Arrived in the UK on a Tier 2 ICT Long Term visa. Wife and kids arrived simultaneously on PBS dependent visas.
• June 2021 – I switched to a Skilled Worker visa.
• August 2021 – Wife and kids switched to Skilled Worker dependent visas.

I am planning to apply for ILR in May 2026 under the 5-year Skilled Worker route (Set O application).

My questions:
1. Can my wife and children apply for ILR at the same time in May 2026? They have been continuously resident in the UK since June 2018 (approximately 8 years), having held both ICT dependent and Skilled Worker dependent visas.
2. Can the time spent on an ICT dependent visa and a Skilled Worker dependent visa be combined to meet the 5-year continuous residence requirement for ILR?
3. If eligible, would their applications also fall under Set O?

Any guidance or personal experience would be greatly appreciated. Thank you!

[zimba]

1. Yes, the rules support this

2. Yes

3. Yes

FYI Here is what the immigration rules say:

Qualifying period requirement for settlement as a dependent partner of a Skilled Worker
SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

Continuous residence requirement for settlement as a dependent partner of a Skilled Worker
SW 43.1. The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence during the period in SW 42.1.

Appendix Continuous Residence does not restrict time spent as dependent partner of a Skilled Worker to any specific routes.

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

[kesban]

Thanks @zimba for your reply. Do I need to provide any cover letter in this regard ?

[zimba]

Thanks @zimba for your reply. Do I need to provide any cover letter in this regard ?

Your choice

[Rams707]

@kesban any updates or further information. Do you know any success stories?

[kesban]

Hi @zimba, are you aware of any verified success cases where those rules have been applied (combining various dependent routes for ILR application) ?

To add some context to my situation — my Skilled Worker visa was approved in June 2021, following which I submitted my dependants' Skilled Worker applications. This falls before the Covid concession end date, so if I wait a few more weeks, my family may also be eligible to apply for ILR via the 5-year Skilled Worker dependent route using the Covid concession. I understand this concession was intended for main applicants only, but I've come across several success stories where it has been applied to dependants too.

Given all of this, what would you do in my position, and what would you recommend?

I also have a concern about applying for all three of us simultaneously. If the caseworker requires additional time or has reservations about any part of the application, would they approve my application and reject my dependants', or could all three applications be refused together? And if that were to happen, what options would I have?

Any advice would be really appreciated!

[zimba]

The rules do not care about any specific routes (never did) for the dependants. There has been many success cases in the past

COVID concession success alongside the dependants --> viewtopic.php?t=358842

[Rams707]

Hi @kesban
Any updates on your dependent ILR? Have you applied combining ICT dependent and skilled worker dependent time to prove 5 years?

[kesban]

@zimba,

I hired a solicitor and he recommended that I don't combine those categories due to the following from the continuous residence requirements, where it says it has to be 5 years as a dependent of a person in Skilled worker visa.

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)

Ref: https://www.gov.uk/government/publicati ... le-version

@rams707,

I didn't do that yet, due to above question/concern.

[zimba]

There are no such requirements at all under the rules. The rules do NOT mention any specific routes at all. My view has always been that the list of the routes mentioned in that table in the guide, is not supported by the immigration rules.

Success case --> viewtopic.php?t=359098#p2206768
In this case, the OP combined time spent as student dependant and partner dependant under GTV rules (which should not be possible if you follow the table)

[kesban]

Zimba, thanks a lot for your valuable feedback. I am happy to inform that my dependents ILR approved

[zimba]

Congratulations