@Francisca_Chiedu - this is correct for the main applicant. ICT does not count for the main applicant. However, for the dependents it is more flexible.
I have had further clarification from the immigration lawyer on this point as well to make sure I am understanding it fully:
According to the current policy, the residence requirement for dependant ILR is that they must have been in the UK on a ‘dependant’ leave for 5 years and there is no express exclusion of time previously spent as ICT dependant.
ICT is, however, excluded for the main applicant to be counted towards the qualifying period for ILR.
My partner has been on dependent visas for over 5 years (Tier 4 then Tier 2). Now I am on GTV and eligible for ILR, we’re both applying for ILR on the basis that she’s been >5 years on dependent visas, including Tier 4.
What is for sure is that it does not count when taken in isolation, i.e., my partner had already spent 5 years on a Tier 4 Dependent visa, but since I didn’t qualify for ILR, they didn’t qualify for the 5 years route.
My understanding from the guidance I linked to above is that once the main applicant is eligible under GTV, the dependent needs to have spent 5 years as a dependent, they become eligible. The following are the relevant parts
GT 27.1. The applicant must be the partner or child of a person P where one of the following applies:
(a) P is, at the same time, being granted settlement as a Global Talent
GT 27.2. The applicant must either:
(a) have last been granted permission as a dependent partner or dependent child of the person P in GT 27.1.
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.
In no place the guidance specifies a set of eligible dependent visa (i.e. Skiller worker). On the other hand, the guidance is explicit about which visas count towards 5/3 years requirment if your last leave to remain is GTV (which doesn’t include Tier 4).
Can you point me to the guidance that made you judge that (in the case at hand not just in isolation)
Tier 4 dependent visa does not count towards settlment.
I have a question that regarding the ILR as well - if I get the exceptional talent visa and have been in the uk on a tier 2 visa, can the count to 3 years include the time I have already spent in the uk or will the 3 years start counting from scratch from when I get the GTV?
@nash_mills did your dependent get ILR? Did their stay under tier 4 dependent stat count towards ILR pls? If yes, this would be same for my partner, would has been dependent of tier ICT visa for 3 years before changing to another visa.
Please let me know what the out of your partner is. Thanks alot.