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ILR application for Dependants while main applicant is waiting for their ILR decision

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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HappyAlways
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ILR application for Dependants while main applicant is waiting for their ILR decision

Post by HappyAlways » Sat Mar 02, 2024 1:10 pm

Hello,
The main applicant is on skilled worker visa and is completing (5 years - 28 days) soon. Dependents need to wait a month more as they got their dependent visa 1 month later than main applicant. My question is if main applicant applies for ILR first, do dependents need to wait until the main applicant gets decision on their application?

I found a similar post at
indefinite-leave-to-remain/all-dependen ... l#p2136429

I could not find such rule mentioned on Gov UK site. Could someone point to the rule where it says dependents either should apply along with main applicant or wait until the main applicant get decision on their ILR application.

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zimba
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Re: ILR application for Dependants while main applicant is waiting for their ILR decision

Post by zimba » Sat Mar 02, 2024 9:16 pm

There is no restriction on when to apply, the point is about eligibility. A skilled worker dependant cannot be eligible for ILR on their own rights unless they are get ILR alongside the main application or after them. This is based on paragraph SW 39.1 of the immigration rules:
Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker
SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.
https://www.gov.uk/guidance/immigration ... led-worker
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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