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ILR for dependents while main applicant is settling in 10 year ILR route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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uds
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ILR for dependents while main applicant is settling in 10 year ILR route

Post by uds » Fri Sep 06, 2024 3:36 pm

Hi,
The clarification is regarding ILR eligibility for my dependents. I'm planning to apply for ILR when i complete 10 years by Aug 2026. I was in Tier 2 ICT and switched to skilled worker visa. Currently my dependent partner and child are in dependent visa. My dependents are in UK since March 2021.

Question: When I'm applying for ILR by Aug 2026, Is my dependent partner & dependent child eligible to apply for ILR by Aug 2026 itself as they will complete 5 years in dependent visa by Aug 2026 (3 years as ICT dependent + 2 years as skilled worker dependent)?

Can you please clarify?

In the below reference, it is mentioned as partner’s last work visa need to be skilled worker visa.
https://www.gov.uk/indefinite-leave-to- ... -work-visa
https://www.gov.uk/indefinite-leave-to- ... -work-visa
"
If your partner is already settled

You can apply for indefinite leave to remain as a dependant on your partner’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’).

You must have had permission to be in the UK as a dependant on their work visa when they settled.

If your partner is applying to settle

You can apply at the same time as your partner if both:

you’re a dependant on your partner’s work visa
your partner is applying to settle in the UK using their work visa
"

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zimba
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Re: ILR for dependents while main applicant is settling in 10 year ILR route

Post by zimba » Fri Sep 06, 2024 4:26 pm

Yes, they can settle by 2026 under the skilled worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

uds
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Re: ILR for dependents while main applicant is settling in 10 year ILR route

Post by uds » Fri Sep 06, 2024 6:04 pm

Thanks for the response. One point which I need a clarification is, does my partner and child need to complete 5 years in skilled worker visa as dependent to eligible for ILR? Or the time spent in Tier 2 ICT dependent visa counts as well? Because, by 2026, though they complete 5 years, it will be 2 years skilled dependent (latest dependent visa) + 3 years tier 2 ICT dependent (past). Can you please confirm ?

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zimba
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Re: ILR for dependents while main applicant is settling in 10 year ILR route

Post by zimba » Sat Sep 07, 2024 2:45 pm

uds wrote:
Fri Sep 06, 2024 6:04 pm
Thanks for the response. One point which I need a clarification is, does my partner and child need to complete 5 years in skilled worker visa as dependent to eligible for ILR? Or the time spent in Tier 2 ICT dependent visa counts as well? Because, by 2026, though they complete 5 years, it will be 2 years skilled dependent (latest dependent visa) + 3 years tier 2 ICT dependent (past). Can you please confirm ?
Such a distinction is not made under the rules, 5 years in total as your partner is needed under any partner or dependant route. The child will follow your spouse
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

uds
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Joined: Thu Sep 05, 2024 8:11 am
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Re: ILR for dependents while main applicant is settling in 10 year ILR route

Post by uds » Sun Sep 08, 2024 8:18 pm

Thanks for clarifying my questions.

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