Are you currently on a Skilled Worker visa in the UK but considering switching to a Dependent visa? One of the most important questions you need to ask is:
Will switching affect your path to Indefinite Leave to Remain (ILR)?
In this blog, we’ll break down everything you need to know about how changing your immigration route can impact your ILR timeline.
What Is ILR (Indefinite Leave to Remain)?
Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. Once granted, it allows you to live and work in the UK without any time restrictions. Most visa routes, including the Skilled Worker route, require 5 continuous years of lawful residence before you can apply for ILR.
Switching from Skilled Worker to Dependent Visa: What Happens?
If you switch from a Skilled Worker visa to a Dependent visa (e.g., a spouse or partner of another Skilled Worker, ILR holder, or British citizen), you are changing your visa category. This has significant implications for your ILR eligibility:
ILR Clock Resets
- Your 5-year qualifying period for ILR restarts from day one of your Dependent visa.
- Time spent on the Skilled Worker visa does not count towards ILR under the Dependent route.
Example:
Let’s say you’ve spent 3 years in the UK on a Skilled Worker visa. If you switch to a Dependent visa, you’ll need to spend another 5 full years on that visa before becoming eligible for ILR.
Skilled Worker vs. Dependent Visa: ILR Rules Comparison
| Criteria | Skilled Worker Visa | Dependent Visa of Skilled Worker / ILR Holder |
|---|---|---|
| ILR Eligibility | After 5 years | After 5 years |
| ILR Clock Retention on Switch | Yes (within same route) | ❌ No – Resets |
| Freedom to Work | Tied to employer & role | Full work rights |
| Dependents Allowed | Yes | N/A (you are the dependent) |
Why Would Someone Switch to a Dependent Visa?
- Career break, job loss, or personal reasons
- Partner has a more stable visa or is close to ILR
- Family consolidation or childcare needs
- Flexibility in working without sponsorship
Are There Any Exceptions?
There are no exceptions to the ILR clock reset rule when switching from a Skilled Worker to Dependent visa. However, if you remain on the Skilled Worker route, even when switching employers, your time continues to count toward ILR.
If your partner is approaching ILR, you could align your timelines by:
- Waiting until they obtain ILR or citizenship
- Then switching to Spouse of ILR/British Citizen visa, which also leads to ILR in 5 years
Final Thoughts: Should You Switch?
Switching from a Skilled Worker visa to a Dependent visa can offer flexibility, but it comes at a cost of resetting your ILR timeline. If you’re already close to completing your 5 years, it may be better to remain in your current route and secure ILR first.
Always consider your long-term immigration goals and speak to an immigration adviser if unsure.
Need personalized advice on visa switches and ILR planning? Let us know — we’re here to help!