ILR and British Citizenship Query

[arindamaccenture]

Hi,

I have come to the UK March,2017 as Tier 2 ICT Main Applicant. My wife and child came as ICT dependent. Following that we lived continuously till date. On Nov,20 I switched to Skilled worker primary applicant and my wife and child became Skilled worker dependent. On March,21 my wife got Tier 2 Skilled Worker sponsorship. However, me and my son continued to stay on my Skilled worker visa rather to switching as Wife's dependent. On July,21 , me and my son switched to my wife's dependent on July,21 and now, aiming to apply for ILR as her dependent on 2026.

Please could you guide me on the following?

1. My wife will be eligible for ILR on March,26. What kind of visa me and our son should apply to shorten that remaining time to ILR?
2. My ILR period count starts from July,21 as Skilled worker dependent and what happens to the counting period when me and our son switches to ILR dependent on April,26 once my wife receives ILR on March,26?
For me and our son, does it continue to count 5 years as her dependent starting from July,21?
3. Under the above circumstances, when can we apply for our son's ILR and British passport?

Kindly advise.

Kind regards,
AM

[meself2]

My wife will be eligible for ILR on March,26. What kind of visa me and our son should apply to shorten that remaining time to ILR?

I don't think there is one readily available. You started on a new ILR path as PBS dependent, so 5 years there is the best you can do, unless you can get through GTV route, which allows 3 years' route to ILR in certain conditions.

from July,21 as Skilled worker dependent and what happens to the counting period when me and our son switches to ILR dependent on April,26 once my wife receives ILR on March,26?

You don't need to switch to ILR dependant - that will reset your ILR clock again!
You can either extend your dependent visa for 3 years (fixed period), apply to extend a visa and vary it to ILR if it's undecided or extend the procedures overall to cover remaining time for your ILR; it's better to cross that bridge when you come to it. But don't change visa category to ILR dependant unless absolutely necessary.

Under the above circumstances, when can we apply for our son's ILR and British passport?

Assuming son was born outside UK, children settle when both parents settle, so when you get your ILR, you can apply for his ILR.

[arindamaccenture]

Thank you for your quick response. As my wife's skilled worker visa is valid until March,26 , how would I get my visa as Skilled worker dependent ? Her skilled worker visa will be valid until March,26 post which she will have ILR status . For me and my son, it would require another 4 months as skilled worker dependent. How this gap can be addressed, please could you help me understand?

Thank you for your help.

Kind regards,
AM

[meself2]

How this gap can be addressed, please could you help me understand?

As your wife will get ILR through Skilled Worker route, there are provisions for you to extend your visa as a dependent despite her being on ILR.
https://www.gov.uk/guidance/immigration ... led-worker

SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.

As that'll be a three year extension and you only need a few months, I would apply for dependent extension and then vary it to ILR as soon as necessary amount of time is accrued, assuming your application isn't decided by then; possibly there's other ways to shorten the gap with possibilities to not get an extension, if other members are aware of those.