Dependent Skilled Worker Extension After Main Applicant’s ILR

[Balajij321]

I am due to apply for Indefinite Leave to Remain (ILR) later this month under the 10-year long residence route. I will also become eligible for ILR next month under the 5-year Skilled Worker route; however, I have decided to apply under the 10-year long residence route as it becomes available earlier.

My dependent is currently in the UK on a Skilled Worker dependent visa, which is due to expire in June. She will complete 5 years as a Skilled Worker dependent in September.

Given this situation, I would be grateful for clarification on the following:

(a) Once I obtain ILR under the 10-year long residence route, can I apply to extend her Skilled Worker dependent visa until she completes her 5-year qualifying period in September?

For additional context, she has been in the UK for approximately 9 years in total — the last 4.5 years as a Skilled Worker dependent and prior to that as an ICT dependent.

I would also appreciate guidance on the most suitable and strategic route for her to obtain ILR at the earliest opportunity, taking into account her overall residence history.

Thank you in advance for your advice.

[zimba]

Make sure you read --> Changes to the Long Residence settlement route from 11 April 2024

I suggest she applies for ILR using form SET(O) too --> viewtopic.php?t=354739#p2202890

[Balajij321]

Thanks, Zimba, for your prompt response. It is very helpful to know that my current situation is similar to the case mentioned in the post you shared. It is reassuring to understand that I do not need to consider extending my dependent visa and that, once I receive my ILR permission, I can immediately apply for ILR for my dependent using the Set (O) route. -> Please confirm if my understanding is right?!

However, I do have one question. If I proceed with this route, does the dependent need to be employed or earning at the time of application?

For context, as mentioned, my dependent has completed a total of nine years in the UK, comprising approximately 4.5 years as a dependent partner and 5 years as a PBS dependent.

Have a good weekend!

[CR001]

There is no employment or earning requirment for your dependent spouse.