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Pathway to ILR

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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xcrogers
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Pathway to ILR

Post by xcrogers » Mon Oct 23, 2023 2:09 pm

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
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Re: Pathway to ILR

Post by meself2 » Mon Oct 23, 2023 2:15 pm

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.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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Ticktack
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Re: Pathway to ILR

Post by Ticktack » Mon Oct 23, 2023 2:18 pm

xcrogers wrote:
Mon Oct 23, 2023 2:09 pm
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.
No sin in failing, you just have to try and try again!

xcrogers
Junior Member
Posts: 90
Joined: Sun Jul 24, 2016 9:46 pm

Re: Pathway to ILR

Post by xcrogers » Mon Oct 23, 2023 2:43 pm

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
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Re: Pathway to ILR

Post by meself2 » Mon Oct 23, 2023 2:49 pm

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.
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zimba
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Re: Pathway to ILR

Post by zimba » Mon Oct 23, 2023 2:53 pm

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.
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xcrogers
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Re: Pathway to ILR

Post by xcrogers » Tue Oct 24, 2023 12:38 pm

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!!

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