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Navigating Your Path to UK Settlement: A Guide for Skilled Worker Dependants

For many individuals building a life in the UK, Indefinite Leave to Remain (ILR) is the ultimate goal. It signifies permanent residency, freedom from immigration restrictions, and opens the door to British citizenship. If you're currently in the UK on a Skilled Worker Dependant visa, you're likely on a well-defined path to ILR, but the journey can present unique questions, especially when the main applicant's circumstances change.

As UK Immigration Lawyers, we frequently receive queries from dependants navigating their route to settlement. This blog aims to address some common concerns, particularly regarding continuous residence, visa extensions, and the impact of previous visa categories.

Understanding Continuous Residence for ILR

The cornerstone of most ILR applications is the requirement to demonstrate 5 years of continuous lawful residence in the UK. For Skilled Worker Dependants, this period typically begins from the date your initial Skilled Worker Dependant visa was granted.

Key Rule: During your 5-year qualifying period, you must generally not have spent more than 180 days outside the UK in any 12-month rolling period. This is a crucial detail, and meticulous tracking of your absences is highly recommended. Exceeding this limit without valid, compelling reasons can break your continuous residence and reset your ILR clock.

What Happens When the Main Applicant Gets ILR Before You?

A common scenario arises when the main Skilled Worker visa holder becomes eligible for ILR before their dependants. For instance, if the main applicant arrived earlier or had a shorter initial visa period. This often leads to the question: Do I need to switch my visa category (e.g., to an FLR(M) as a Dependant of a Settled Person) once my partner obtains ILR, and will this reset my ILR clock?

The good news is, no, switching visa categories in this specific scenario will not reset your 5-year continuous residence clock. The time you've accrued as a Skilled Worker Dependant counts towards your ILR, even if your partner achieves settled status before you do.

Furthermore, if your partner obtains ILR, and you (and your child, if applicable) have not yet completed your 5-year continuous residence, you can continue to extend your Skilled Worker Dependant visa. You do not need to switch to an FLR(M) or similar category first. The key is that you remain a dependant of a person who has valid leave to remain in the UK (which ILR is). When you eventually apply for your ILR, you will simply be applying as a Dependant of a Settled Person.

This flexibility ensures that families can plan their settlement journey without unnecessary complications, even if their timelines differ slightly.

The Impact of Previous Visa Categories: ICT Dependant and ILR

Another common question we encounter is regarding the impact of previous visa categories on the continuous residence period for ILR. Specifically, for those who might have initially been in the UK on an ICT (Intra-Company Transfer) Dependant visa before switching to a Skilled Worker Dependant visa.

It's vital to understand that, under current UK Immigration Rules, time spent in the UK as an ICT Dependant generally does NOT count towards the 5-year continuous residence period for ILR under the Skilled Worker Dependant route.

The ICT visa route was historically designed for temporary assignments and typically did not lead directly to settlement. Therefore, when you switched to a Skilled Worker Dependant visa, your "ILR clock" for the purpose of the 5-year settlement route effectively began from the grant date of that Skilled Worker Dependant visa.

While there are provisions for combining periods from certain 'qualifying' visa routes for ILR (such as various Tier 1 categories, Skilled Worker, Global Talent, etc.), the ICT route is typically excluded from this for the 5-year ILR pathway.

Important Note: This distinction primarily applies to the 5-year ILR route. If you were considering applying for ILR based on 10 years of continuous lawful residence in the UK (the 'long residence' route), then time spent as an ICT Dependant would generally count towards that longer period. However, this is a different ILR pathway with its own distinct requirements.

Key Requirements for Your ILR Application

Regardless of your specific circumstances, when you apply for ILR as a Dependant, you will generally need to meet the following core requirements:

  • Continuous Residence: As discussed, 5 years with permitted absences.

  • Genuine and Subsisting Relationship: You must demonstrate that your relationship with the main applicant remains genuine and you intend to live together permanently in the UK.

  • Life in the UK Test: You will need to pass the Life in the UK Test, which assesses your knowledge of British customs, history, and laws.

  • English Language Requirement: You will need to demonstrate your English language proficiency, typically at B1 level of the Common European Framework of Reference for Languages, unless you are exempt (e.g., due to nationality or holding a degree taught in English).

  • Suitability Requirements: You must meet the general suitability criteria outlined in the Immigration Rules, which include aspects like good character and compliance with immigration laws.

Planning Your ILR Journey

Navigating the complexities of UK immigration law can be challenging, especially with ongoing updates to the rules. Careful planning and attention to detail are crucial for a successful ILR application.

We recommend:

  • Meticulously tracking your absences from the UK to ensure you remain within the permitted limits.

  • Gathering necessary documentation to prove your relationship, residence, and financial stability.

  • Preparing for the Life in the UK Test and English language requirement well in advance.

  • Seeking professional legal advice closer to your application date to ensure you are meeting the most up-to-date requirements.

The journey to ILR is a significant milestone for many families in the UK, offering security and a sense of permanence. By understanding the rules and planning effectively, you can pave a smooth path to settlement.



General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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