Inquiry on ILR Application Strategies for NHS Worker and Family

[themalern]

I am seeking guidance on navigating the complexities of UK immigration procedures, particularly concerning visa transitions, applications, and extensions. My situation is as follows:

I am employed as a nurse by the NHS and have been sponsored under a Skilled Worker Visa (Health and Care Visa) since September 2019. My family, consisting of my wife who joined me in the UK in October 2021, and our son, born in the UK in October 2022, are currently here as my dependants. Our visas are set to expire in October 2025.

Given the financial implications of visa changes and my wife's ineligibility for Indefinite Leave to Remain (ILR) until October 2026, we are evaluating our options to ensure compliance and continuity:

Option 1: Request an extension of my Skilled Worker Visa through my NHS sponsor, which would also extend my family's dependent visas.

Option 2: Apply for ILR for myself and my son while maintaining my wife's status on a dependent visa until she qualifies for ILR.

Concerns arise with both options.

For Option 1, I've been informed that my sponsorship could potentially be extended for only one year, contrary to the typical three years. Clarification on this matter would be appreciated.

Regarding Option 2, I am unsure if transitioning to ILR would necessitate changing my wife and son's visa status to a family visa, potentially subjecting us to the UK's new immigration salary threshold of £38,700 for sponsors. Given that a nurse's salary might not meet this requirement, I am concerned about our eligibility. Additionally, I am questioning whether it's feasible for me alone to apply for ILR while keeping my wife and son on their current dependent visas, and whether such visas can indeed be extended under these circumstances.

I am open to exploring alternative strategies beyond those mentioned and would greatly value any advice or insights. Your support in helping me understand our best course of action would be immensely appreciated.

Thank you in advance for your time and assistance.

[zimba]

You can apply for ILR and this will not affect your dependants at all. They are not required to switch to the family route at all and can remain/extend under the skilled worker dependent route as normal, even after your ILR. Note that your son will follow the immigration path of your spouse and will settle with her.