Right to work of the spouse when one's status changes

Hi All,

I was very pleasantly surprised to find a forum like this - I don't think there was anything like this couple of years ago, when I was desperately looking for some answers.

Sorry in advance for a long message.

I entered the UK on a work permit visa for 1.5 years initially in 1999. My wife soon found a job as my dependant. After my contract ran out I got a job with an international organisation based in the UK. By doing this I moved from "work permit" category to "partially exempt". I have a strange-looking stamp in my passports which states that I can stay in the UK with no limitations attached for as long as I work in the organisation.

After some time I found out that my new status affects my settlement rights. Home Office won't talk to me while I work for my company. Once I stop working for it, I got 3 months in the country during which I can submit an application for ILR. I can work while the application is reviewed. However, the documents I found do not say how much time I need to have been working for my application to be successful.

http://www.ind.homeoffice.gov.uk/defaul ... ageId=1349

So I decided to move on and try and get another job through a work permit (not to risk getting a job and then having an application to Home Office refused).

In the meantime my wife became a student on a PhD course which is close to the completion, and is currently jobhunting. So we are faced with a number of choices (which arise from the fact that I am trying really hard to move on from my current job):

1) Try and get a work permit for my wife, so that I can change my status to a work permit holder spouse and jobhunt freely
2) Try and get a work permit for me
3) Apply for HSMP in my name so that we both can work (I have PhD and more than 5 years work experience, and my wife has masters, so I seem to get exactly 65 points).

The grey area here is what happens if my wife gets a job now as a spouse of a partially exempt person and then I quit my job (i.e. she looses the right to work?) Is there any procedure in place for her to get authorisation to continue the work she would be doing without a proper WP procedure (advertising, interviews, etc?)

Also, are there any pitfalls to watch out for if I change my status while she is working as my spouse? (e.g. move from being partially exempt to HSMP).

Sorry for this very complicated message. I realise that the chances to get a comprehensive reply to this are very slim, as no-one seems to have any idea what happens to exempt persons such as myself. However, the more general situation of a dependant/spouse wishing to continue his/her job after the main "right to work" holder quit his should be quite common, so I am hoping for an answer there.

Many thanks,

Novice

Hello there,

The partially exempt status you hold is in fact a tremendous achievement in your favour. You do not have the time limits of work permit, HSMP ….etc as long as you are still working for your international company which is based in the UK. You also have 90 days to remain in the United Kingdom, without a prohibition on employment, beginning on the day on which you ceased to be exempt.

*The grey area here is what happens if my wife gets a job now as a spouse of a partially exempt person and then I quit my job (i.e. she looses the right to work?) Is there any procedure in place for her to get authorisation to continue the work she would be doing without a proper WP procedure (advertising, interviews, etc?)

The answer is NO. She needs to change her status within 90 days.

Before you change your status your wife needs to speak to the employer in order to support a WP for her. If the employer agreed you can quit your job. She will have 90 days to obtain a work permit and then you can job hunt as a spouse of work permit holder.

I think you have given the solution to your problem yourself as you have clearly stated

1) Try and get a work permit for your wife, so that you can change your status to a work permit holder spouse and job hunt freely
2) Try and get a work permit for yourself
3) Apply for HSMP in your name so that you both can work (you have PhD and more than 5 years work experience, and your wife has masters, so I seem to get exactly 65 points).
4) Apply for ILR (in my opinion, this is your best option)

*Also, are there any pitfalls to watch out for if I change my status while she is working as my spouse? (e.g. move from being partially exempt to HSMP).

There are no pitfalls. If you changed your current status your wife would have 90 days after which she should follow your new status.

* Once I stop working for it, I got 3 months in the country during which I can submit an application for ILR. I can work while the application is reviewed. However, the documents I found do not say how much time I need to have been working for my application to be successful.

You can work as long as your ILR application is still under consideration. In your case the application is likely to have a decision within the 90 days given. Such an application usually takes up to 13 weeks if you are applying by post and quicker if you are applying in person.

All what you need to do is to put a clear plan and calculate the possibility according to the situation.

Good Luck