Visa length - ILR of dependents

Stage 2
#1

Note: This post is relevant for Global Talent endorsees who have dependents already in the UK on a different dependent work visa.

I’m currently in stage 2 and researching how long to apply for the Global Talent visa - 3 or 5 years.

Background:

  • Endorsed for Talent
  • Have been in UK for 3 years on ICT visa with spouse and dependents (all on dependent visas)

It’s clear that I will be eligible for ILR after 3 years on the Global Talent visa. And that my dependents will be eligible for ILR after 5 continuous years of residence in the UK.

What I’m trying to determine is whether we can count the 2 years on the ICT visa as part of their 5 years OR whether the 5 years starts when they get their GTVs.

So far I have found the following sites useful:


From this information, I am concluding the following:

  • At time of IRL application, dependents must be on an eligible visa (GTV counts)
  • To get to 5 years time in UK, you can include time on any other dependent work visa - see chart below from GOV.co.uk link above

Screenshot 2022-11-02 at 11.05.39
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I’ve also had one solicitor confirm the same:
"Your family must complete 5 years residence in the UK as your dependant, which may include time they’ve spent as your dependant on another visa."

Copying in a couple others who are researching this in parallel. Hoping we can share our collective knowledge! @makeitfly @Roxy

#2

I don’t think the time they spent on your ICT visa counts as that route doesn’t currently count towards ILR. If you were on TIER2 Skilled worker visa, the two years will count.

There have been petitions to parliament to make ICT visa count but it didn’t gain enough signature see

ICT to ILR petition

ICT Petition for ILR.

#3

@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.

#4

I doubt this is correct, if not same could be implied for student dependant.

#5

Thanks @alexnels, highly appreciate you sharing this.

1 Like
#6

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.

My understanding of G27 of the guidance (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-global-talent) does not specify a list of visas for the dependent to be on to become eligible.

I will report back here when I get the outcome as to whether time spent on Tier 4 dependent visa for partners counts towards the 5 years or not.

#7

It doesn’t count. Tier 4 dependant visa does not count towards settlement.

#8

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.

1 Like
#9

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?

#10

If you get exceptional talent you can merge 2years on your tier2 and 1 year on on gtv to apply for ILR

#11

I can confirm that if you’re illegible for ILR based on GTV, your dependant needs 5 years on any dependant visa(s) and not only Tier 2.