Client Success Story: Indefinite Leave to Remain Dependant After Refusal

by | May 23, 2025 | Indefinite Leave to Remain, UK Immigration, UK Settlement

At Whytecroft Ford, we specialise in assisting clients with UK immigration matters, including applications for Indefinite Leave to Remain as a Dependant. In this case, we supported a Canadian national through a multi-stage immigration journey to secure settlement in the UK as the dependant partner of a Skilled Worker.

Background: A Long-Term Relationship Spanning Borders

Our client initially arrived in the UK under the Tier 5 Youth Mobility Scheme in 2012. Following this, he was granted a Tier 2 (General) visa through employer sponsorship and continued his professional career in the UK. His spouse, also a Canadian national, later became the primary visa holder under the Skilled Worker route.

In 2015, the couple decided to adjust their immigration status, with the client switching to the dependent partner route. From then on, he remained in the UK lawfully and worked full-time as a Data Scientist with a public sector organisation.

The client previously applied for Indefinite Leave to Remain as a Dependant alongside his spouse. While she was granted ILR and subsequently became a British citizen, his application was refused. The refusal was due to not yet having completed five full years as a dependent partner, a key requirement under Appendix Skilled Worker.

This outcome highlights a common pitfall for applicants: failing to meet the specific time-based requirements, even when all other aspects of the relationship and residence are genuine and compliant.

Whytecroft Ford stepped in to reassess the case, extend the client’s existing leave, and prepare a new ILR application once the qualifying period was fully met. We approached the case with a structured, evidence-led strategy to ensure compliance with all applicable rules, including:

  • Five-Year Qualifying Period as a Dependant of a Skilled Worker: We demonstrated that the client held valid leave as a dependant partner for over five continuous years.
  • Relationship and Cohabitation Evidence: The couple had been married since 2012 and had been living together in the UK throughout. They jointly owned a UK property, further supporting their cohabitation history.
  • Compliance with Continuous Residence: The client’s travel and residence history was carefully documented to meet the requirements under Appendix Continuous Residence.
  • English Language and Life in the UK: As a Canadian national, the client was exempt from the English language requirement. He also successfully passed the Life in the UK test.
  • Good Character and Suitability: Although a historic driving conviction in Canada had been declared, it did not trigger refusal under Part 9: Grounds for Refusal. Our legal submission addressed this transparently and in context.

Outcome: Indefinite Leave to Remain Granted

Thanks to a well-prepared and legally compliant application, the client was granted Indefinite Leave to Remain as a Dependant within four weeks of submission, without delay or further inquiry from the Home Office.

The client described the process as exceptionally smooth and professional. He expressed appreciation for the clear guidance and structured approach, which significantly reduced the stress commonly associated with complicated immigration applications.

Why Clients Trust Whytecroft Ford for ILR Dependant Applications

This case demonstrates the importance of timing, documentation, and legal accuracy in Indefinite Leave to Remain dependent partner applications. Our expert guidance ensured the client met all requirements under Appendix Skilled Worker and avoided repeated refusals.

At Whytecroft Ford, we help clients navigate dependent ILR routes with clarity and confidence, whether you’re applying for the first time or reapplying after a refusal.

If you’re planning to apply for Indefinite Leave to Remain as a Dependant, contact us today for tailored, expert legal support.

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