ILR Timeline for Spouse

[xcrogers]

I have a ILR pathway question for my wife.

She is currently on her own Skilled worker visa which will take her well past the min 5 year period on that visa type to apply to ILR (and then citizenship).

Before having her own skiller worker Visa she was a dependent on my Tier 2/skilled worker visa for approximately 1.5 years and before that was the holder of an ICT Tier 2 visa (i was her dependent) for approximately 1 year.

She is considering changing jobs (and would look to have the new office pick up her visa to maintain the straightforward pathway to ILR).

However, as I am now a UK citizen is there a version of life where a new office does not pick up the visa, she becomes a dependent of mine under a family visa and and can then apply for ILR/citizenship under a 5 or 10 year residence in UK period (as all her time has been legal). Curious if a possibility or if essentially a new office choose to not pick up her visa it essentialyl brings her back to square one from a residency perdiod.

Thank you

[meself2]

I am very confused. Can you outline her visas in the format of "visa type - dates held", for example?

To get ILR, she has to a) either spend 5 years on Skilled Worker visa, b) spend 5 years on family visa (dependent on you, the citizen) or c) spend 10 years on almost any visas.

I don't know how long was she on Skilled Worker visa and in the UK in general, so please provide properly list of visas.

[Ticktack]

I have a ILR pathway question for my wife.

She is currently on her own Skilled worker visa which will take her well past the min 5 year period on that visa type to apply to ILR (and then citizenship).

Before having her own skiller worker Visa she was a dependent on my Tier 2/skilled worker visa for approximately 1.5 years and before that was the holder of an ICT Tier 2 visa (i was her dependent) for approximately 1 year.

She is considering changing jobs (and would look to have the new office pick up her visa to maintain the straightforward pathway to ILR).

However, as I am now a UK citizen is there a version of life where a new office does not pick up the visa, she becomes a dependent of mine under a family visa and and can then apply for ILR/citizenship under a 5 or 10 year residence in UK period (as all her time has been legal). Curious if a possibility or if essentially a new office choose to not pick up her visa it essentialyl brings her back to square one from a residency perdiod.

Thank you

As you're now British, if and when she changes to a British Spouse visa, her clock resets. She starts the new 5 year route to ILR. From what I see, she's jumped around a lot and reset her clock many times.

[xcrogers]

Wife's Visa History:
March 2016 - Jan 2017 (9 months) Tier 2 ICT
Feb 2017 - Oct 2020 (2 years 9 months) Tier 2G Dependent
Nov 2020 - Current - Skilled worker (it is our understanding that her clock towards ILR is running from Nov 2020, so she would be eligible for ILR on/about Nov 2025)

Basically, as alluded to in response it would seem that unless a new office picks up her current skilled worker visa her clock towards ILR would reset with a 'family' visa (as a dependent of me a UK citizen). At which point she would need to wait untill the 10 year residency has cleared. Would this be on March 2026 or February 2027 if ICT visa does not count?

Thanks

[meself2]

Your understanding is right.
She can either continue on Skilled Worker path or switch to a spouse visa for the rest of her time here until ILR; I think (?) ICT visa counts for SET(LR), so that would be around March '26 for her to be eligible.

[zimba]

If she continues under the skilled worker route, she can get ILR around Nov 2025. If she switches to the family route (she will be free to work for whomever she likes), she can complete her 10 years by early 2026. If it were me, I'd be inclined to go with the freedom from work restrictons and delay my ILR for another 6 months. The ICT visa period counts towards ILR under the long residence.

[xcrogers]

Great, thanks all for the comments all.

Understood on the flexibility in working if on the family visa though its unlikely she'd change jobs again before ILR. So ideally a new office would pick up the visa and any associated costs/logistics. We wanted to confirm that if they didnt she'd not be back at square one from a timing which is sounds like we're not that far off in either pathway.

Thanks!!

[xcrogers]

My spouse originally had an ICT Tier 2 Visa which swtiched to a dependent of my Tier 2 visa effective Feb 2017, subsequently in November of 2020 she obtained her own Tier 2/Skilled worker visa which she has held continiously ever since (though through different companies).

I am now a UK citizen. My question/confirmation is that the 'quickest' pathway for her to ILR (and subsequently citizenship) would be to retain the skilled worker visa until Oct 25 when she could apply for ILR (28 days before 5 years)? The other options seem to be switching to a family visa but she would need to be on that for at least two years (Oct 2026) or via the 10 year route in (Oct 2027) before she could apply for ILR.

I assume there is no other mechanism for her to apply but figured I'd ask. The primary reason she had her own skilled worker visa was simply security incase one of us lost our jobs. Now we are clearly and well settled with a home, son (with citizenship), etc etc and while none of that matters in the sense of citizenship application just looking to understand all options so our family can complete our citizenship journey. Thank you!

[CR001]

Her quickest route to ilr is to stay on her current skilled worker visa.

If she switches to flr m spouse visa, her 5 year ilr clock resets to zero.

There is no shortcut route other than her current visa route.

When was her original ict visa valid from?

[xcrogers]

Thank you, this aligns with what i've seen/assumed and agreed staying on work visa is the quickest and our current plan. We just wanted to get a sense check. Her original ICT visa was issued in Feb 2016 (so well after the 2010 cut-off/change i've seen mentioned elsewhere).

One question. You note changing would reset her 5 year clock (which makese sense) however I see a 2 year family/spouse route. Is there a reason she couldnt utilize that? Looking through the information (gov link below) seems we just need to provide that one has enough money (though unclear on what amount that is) to house and support yourself (and children). She currently has a job (as do I) and we both contributing towards our housing/living costs (and not accepting any public funds). Is there an issue with the 2 year route? Does it assume one doesnt work? Apologies if missing something, while we dont intend to utilize that pathway we'd just like to make sure we understand why that wouldnt be a viable alternative.

https://www.gov.uk/indefinite-leave-to- ... amily-visa

Thank you!

[CR001]

There is NO 2 year route spouse visa anymore for new applications and hasn't been since 9th July 2012 when the spouse visa rules changed to 5 years required for ilr.

The ukvi website makes reference to it for those who are still on the 2 year route who have not been able to pass liuk or English b1 etc or for personal reasons.

[zimba]

My spouse originally had an ICT Tier 2 Visa which swtiched to a dependent of my Tier 2 visa effective Feb 2017, subsequently in November of 2020 she obtained her own Tier 2/Skilled worker visa which she has held continiously ever since (though through different companies).

I am now a UK citizen. My question/confirmation is that the 'quickest' pathway for her to ILR (and subsequently citizenship) would be to retain the skilled worker visa until Oct 25 when she could apply for ILR (28 days before 5 years)? The other options seem to be switching to a family visa but she would need to be on that for at least two years (Oct 2026) or via the 10 year route in (Oct 2027) before she could apply for ILR.

I assume there is no other mechanism for her to apply but figured I'd ask. The primary reason she had her own skilled worker visa was simply security incase one of us lost our jobs. Now we are clearly and well settled with a home, son (with citizenship), etc etc and while none of that matters in the sense of citizenship application just looking to understand all options so our family can complete our citizenship journey. Thank you!

You asked this question in 2023 and were advised back then !!

[zimba]

If she continues under the skilled worker route, she can get ILR around Nov 2025. If she switches to the family route (she will be free to work for whomever she likes), she can complete her 10 years by early 2026. If it were me, I'd be inclined to go with the freedom from work restrictons and delay my ILR for another 6 months. The ICT visa period counts towards ILR under the long residence.

[xcrogers]

You’re right, I forgot. Though as immigrations rules are not static and this is a forum I figured a good place to ask.

Thanks!!!!

[xcrogers]

One point of confirmation for wife's journey post ILR is that it makes zero difference how/when I became a bitish citizen for her own naturalization. As I am (and she would meet the other requirements) she could immedaitely apply for naturalization/citizenship immedaitely upon being granted ILR (not have to wait 1 year).

https://www.gov.uk/apply-citizenship-spouse

I did try and reviewing old posts/searching and cant find explicit reference/answer so apologies.

[CR001]

Please ask British citizenship questions in the British citizenship sub forum. These questions are not relevant to the ilr sub forum and topic.