Skilled Worker Dependant visa - more than 3 years?

[aesbhani]

Hello,

I am currently on an ILR (received through Skilled Worker route), and will be applying for citizenship in July.

My spouse came to the UK on a Skilled worker dependant visa in May 2021, i.e. 5 year period could have completed in May 2026. Her current visa is expiring in June this year, and she will be renewing her Skilled worker dependant visa. Unfortunately due to emergency travel (parent poor health) she has had an absence of greater than 180 days (189 days) for the year starting from 14th Feb 2022, meaning she will be unable to apply for the ILR until Feb 2027 (instead of May 2026).

Questions:
1) Is it possible to get a Skilled Worker Dependant visa renewal of more than 3 years? If her dependant visa is renewed for 3 years until June 2026, she would need to obtain another 3 year visa for the remaining 8 months until Feb 2027 (incurring an extra cost of over £3k including the healthcare surcharge). I've struggled to find a definitive answer to this, however, one website (not government official) notes that:
"Please note that a Dependant visa holder seeking to extend their Dependant visa after the main applicant has been granted ILR (under the standard 5 year route) can only apply for, and be granted, a three year extension. If they need a longer extension of their Dependant visa than three years to reach the point they can apply for ILR they will need to apply for another extension later. If they do not need as long as three years to reach the point they can apply for ILR they unfortunately will still have to apply, and pay, for three years."
2) Is it possible to apply for ILR with extenuating circumstances if only one absence in the 12-month rolling period is contributing to the 180 day rule not being met. Options are to apply for ILR in May 2026 with extenuating circumstances, with the risk that if it is not accepted we would incur a cost of both the failed ILR application and the now needed 3 year extension. As the citizenship requirement is no more that 270 days in 3 year for spouses of citizens, her absences over the next 3 years will be much lower than 180 days in 12 months.

Any thought or recommendations would be appreciated.

Thanks in advance.

[CR001]

1) Is it possible to get a Skilled Worker Dependant visa renewal of more than 3 years? If her dependant visa is renewed for 3 years until June 2026, she would need to obtain another 3 year visa for the remaining 8 months until Feb 2027 (incurring an extra cost of over £3k including the healthcare surcharge). I've struggled to find a definitive answer to this, however, one website (not government official) notes that:
"Please note that a Dependant visa holder seeking to extend their Dependant visa after the main applicant has been granted ILR (under the standard 5 year route) can only apply for, and be granted, a three year extension. If they need a longer extension of their Dependant visa than three years to reach the point they can apply for ILR they will need to apply for another extension later. If they do not need as long as three years to reach the point they can apply for ILR they unfortunately will still have to apply, and pay, for three years."

The Immigration rules state that a PBS Dependent visa is granted for 3 years if the main PBS migrant has obtained ILR or citizenship. You do NOT have the option to apply for less or for more time. UKVI can only issue a 3 year dependent visa. You will have no option but to apply for a further 3 year extension.

2) Is it possible to apply for ILR with extenuating circumstances if only one absence in the 12-month rolling period is contributing to the 180 day rule not being met. Options are to apply for ILR in May 2026 with extenuating circumstances, with the risk that if it is not accepted we would incur a cost of both the failed ILR application and the now needed 3 year extension. As the citizenship requirement is no more that 270 days in 3 year for spouses of citizens, her absences over the next 3 years will be much lower than 180 days in 12 months.

No, the absence limit is the absence limit, there is no discretion. Forget about citizenship for now, that is completely different rules and requirements to PBS Dependent visas and ILR.