ILR for my son

[Saber22]

Hello,

I hope that anyone can help me out to understand what is the best option for me and family.

I arrived to the uk with my spouse on student visa on Jan2019, two and half years later on May 21 she switched to skilled worker and me as her dependent.
In jan 23 I applied for global talent visa and got it.
In jan 24 she joined me as a dependent on GTV.

The question now, when I apply in Jan 26 for the Ilr, will she be eligible for it as she completed more than 7 years together or not. What is my best option in this complicated circumstance?

Thanks for your time spent reading and helping out.

[CR001]

The question now, when I apply in Jan 26 for the Ilr, What is my best option in this complicated circumstance?

No, she does not qualify for ILR when you do. She needs 5 years on a dependent visa. She cannot combine her visas to make up 5 years for ILR. She can only do that for ILR based on 10 years residence. She will need an extension if her current visa expires before she qualifies for ILR.

In jan 24 she joined me as a dependent on GTV.

She needs 5 years as your dependent from the date her dependent visa was granted.

will she be eligible for it as she completed more than 7 years together or not

There is no '7 year route' for her and her combination of visas excludes the 5 year route too.

It would have been simpler if she had stayed on her own Skilled Worker visa to qualify for ILR in May 2026.

[Saber22]

Thanks for your reply, unfortunately, she had to change jobs and it wasn’t easy to get one without a sponsor.

Another question please, if she convinced her employer to sponsor her, will the previous tier 2 time count or not ?


All the best.

[CR001]

if she convinced her employer to sponsor her, will the previous tier 2 time count or not ?

No, each time she changes from main visa holder to dependent or vice versa, her 5 year ilr clock resets. So if she changes back to skilled worker visa, the previous time on that visa doesn't count for 5 years ilr.

[Saber22]

Thanks so much for your time responding to my questions

[Saber22]

Hello immigration board team,

I am posting for an advice.

I am currently on global talent visa that will enable me to get Ilr in January 26.
Before that me and my son were on my wife visa as a skilled worker dependents from May 21 valid until May 26.

When I moved to the global talent route, my wife moved her visa on me as dependants as she wanted to change her job, however my son visa as dependent on his Mom is still valid until May 26.

The advice that I need,
Is it better to change my son visa now with me on global talent route or should I wait until May 26 (his visa expiration day that was dependent on his Mom) then move him at that time.

Worth mentioning that both him and his mom are on the uk since Jan19 so they are in the 10 years route.
I am trying to reduce expenses and be safe as possible.

Thanks for your help and advice.

[zimba]

Your son's visa remains valid until expiry. He will follow the path of your spouse until ILR