GTV 3 year dependent to ILR

[cmartinez]

I am applying for ILR based on GTV after 3 years ( UKRI endorsement). My spouse has a dependent visa based on Tier 5 Government exchange for 2 years and now 3 years dependent on my GTV. Can he apply for ILR with me? I have consulted 2 advisors already and they both give opposite opinions. It would be great if someone who has actually done this dependent route can confirm. Thank you!

[cmartinez]

It seems that the difficulty is on my type of visa ( T 5 as Government Exchange) which normally does not count towards ILR. But given that the GTV does say that any type of visa that my husband is a dependent on can be counted towards ILR - then I am hoping we are doing the correct route. Please help. I am getting so many opposing opinions on this from advisors.. we don't know what to do

[lolo2]

The guidance mentions that any time spent as a dependant is considered for ILR. More precisely:

Eligibility for partners

Your partner may qualify if all the following apply:

• they have permission to be in the UK as your partner (as a ‘dependant’ on your tier 1 (or Global Talent) visa)

• they’ve lived in the UK with you as your dependant for at least 5 continuous years

• your relationship is genuine

• you intend to keep living together

• you have enough income to support yourselves and your dependants

• you’re not using public funds (benefits)

If we consider the fact that for example, dependants of student visa holders (underlined text) can use their time for ILR under the GTV route, I would assume this can be extrapolated to dependants of GAE visa holders.

Others might comment.

[cmartinez]

Thank you for this reply! We are leaning towards Tier 5 GAE as countable towards 5 years, but our advisor keeps saying that Tier 5 never counts towards ILR and if we go ahead we will just waste our application fee. I am hoping that someone on the thread might have advised otherwise and actually has a test case - because the rules don't seem to be very clear.. ( at least according to our opposing advisors). Thank you for any help!!

[lolo2]

Immigration advisors are not always providing accurate information. This is their job to make these processes more complicated than they really are, for the applicant to hire their services.

I still don't see any issues with this, as the GTV-ILR route allows dependants to count time on any other visa.

Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).

https://www.gov.uk/indefinite-leave-to- ... ly-members

[zimba]

This has been difficult to properly interpret due to recent changes to the rules which now impose the requirements under Appendix Continuous Residence. You can see this under paragraph GT 31.1 of Immigration Rules Appendix Global Talent, which says:

Qualifying period requirement for settlement as a dependent partner on the Global Talent route
GT 30.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in GT 27.1.

Continuous residence requirement for settlement as a dependent partner of on the Global Talent route
GT 31.1. The applicant must meet the continuous resident requirement as set out in Appendix Continuous Residence during the period in GT 30.1.

But under the 'Qualifying period' table in Appendix Continuous residence for the dependent partner for the routes covered says:

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes: Global Talent, Tier 1 (Exceptional Talent), Innovator, T2 Minister of Religion, T2 Sportsperson and International Sportsperson, Skilled Worker, Tier 1 Migrant other than as a Tier 1 (Graduate Entrepreneur), Tier 2 (General) Migrant, T5 International Agreement Worker (Private Servants in a Diplomatic Household)

My reading of the paragraph above is that the routes mentioned are simply referring to the current/previous visa route of the lead applicant and not the visa route of the dependant partner. This is more in line with how things have been historically and also matches the official UKVI guide that covers the dependent family member applicants (including the Global Talent Dependants):

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

If even time under the spouse/family route under Appendix FM can be included, then my interpretation is consistent with this. So any time spent as dependant should count

Dependent family members in work routes guide: https://assets.publishing.service.gov.u ... routes.pdf

[cmartinez]

Hello!

Just wanting to say thank you to everyone for the advice. My partner and I got ILR!! We went in this morning and got the reply in 4 hours. We would never have had the courage to apply for ILR for my partner without all your help. I also write as our case might be a good precedent for everyone here in case there are others who have similar quesitions....So I guess any type of dependent visa does count. Thank you again!

[AmazonianX]

Hello!

Just wanting to say thank you to everyone for the advice. My partner and I got ILR!! We went in this morning and got the reply in 4 hours. We would never have had the courage to apply for ILR for my partner without all your help. I also write as our case might be a good precedent for everyone here in case there are others who have similar quesitions....So I guess any type of dependent visa does count. Thank you again!

Yes it does count, congratulations.