Update on GTV ILR Question

[Jashim]

Dear @Lissa23,
Good day. I found a question of yours in this link which is exactly the same situation with my dependant partner (who did not switch as GTV dependant from her earlier Skilled Worker Dependant status)
indefinite-leave-to-remain/ilr-skilled- ... 44553.html

I think Zimba has answered it very well. But the thread is already locked. So I cannot ask you there. I really wanted to know whether you got your ILR decision in the meantime. You seem to have applied back in March 2024.

Regards
Jashim

[lolo2]

That member has not posted since March.

I'm not sure what's your concern, GTV dependants can combine time as dependants on any other type of visa for ILR, that's covered in the immigration rules as advised by @zimba.

[Jashim]

Dear Lolo,
Thank you for your reply. I agree with you about the scope to combine dependent partner's stay under different visa categories. Liss23 talked about a particular situation - she did not switch from her Skilled Worker Dependent to GTV Dependant. And applied on her Skilled Worker Dependent status while her husband was already on GTV Visa and applied for ILR on that basis. After a close reading of the UKVI website, I feel that it is a grey area (whether she must be a GTV dependent at the time of her ILR application or whether it was okay for her to apply as a Skilled Worker Dependent). So I wanted to know whether she had got her ILR.

Regards
Jashim

[Jashim]

Here is the UKVI link which seems to suggest that she needs to be on GTV Dependant status at the time of ILR application.

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

Regards

[lolo2]

she did not switch from her Skilled Worker Dependent to GTV Dependant

That's not an issue.

You can apply for ILR with a valid SW dependant visa if the lead applicant was a GTV holder - provided you meet all the other requirements. It's not a requirement for a dependant partner to be in the same visa route. That's covered in the immigration rules as commented before.

See Eligibility requirements - settlement

...the dependant must have previously been granted permission as the dependant partner or child of the lead applicant. This permission could be in a different route.

This applies to Global Talent, Innovator, Representative of an Overseas Business, International Sportsperson and Skilled Worker.

[Jashim]

Dear Lolo,
You are such a brilliant researcher! Thank you for bringing in the Casewoeker guidance.
It's really helpful. Thank you so much.

Regards
Jashim