Switching to HSMP visa from work permit holder dependent

[captain74]

Hi

I have been in the UK since March 2004 when I first entered UK as a student. Soon afterwards, however, my wife got a work permit and LTR for five years (till Oct 2005) and I became her dependent (to get working rights).

I have recently got my HSMP under the MBA provision and now wish to switch status so that my wife can be my dependent and hence is free to move jobs and be with me (I need to be mobile and the current work permit arrangement means that my wife is locked to her current employer).

I recently applied for FLR but the same was refused as i do not fall under the category of people who can switch status in the UK (Work Permit holders are mentioned but their dependents are not mentioned in the list published by Home Office in this regard)

I am now totally confused! Do I need to go back to my home country and apply for Visa from there?

My current visa (as work permit holders dependent) is still valid till October 2009.

Any guidance/suggestions would be greatly appreciated.

Thanks

[Smit]

You will need to apply for HSMP Entry Clearance from your home country, your wife should also apply at same time for dependant visa.

When does your current leave to remain expire?

[captain74]

Thank you Smit!

Are there any policy documents etc published in this regard. have been trying to search around unsuccessfully for a long time now1

[Smit]

Please see this link:

http://www.immigrationboards.com/viewto ... =switching

You will see that forum member has been advised that work permit dependants can switch into HSMP, but there is confusion on this point as you have been told otherwise. But the switching guidance does not mention dependants, simply says work permit holders.

Sorry, can't be more helpful than this.

[ppron747]

Please see this link:

http://www.immigrationboards.com/viewto ... =switching

You will see that forum member has been advised that work permit dependants can switch into HSMP, but there is confusion on this point as you have been told otherwise. But the switching guidance does not mention dependants, simply says work permit holders.

Sorry, can't be more helpful than this.

I suspect the key to the contradiction is in the final passage of the guidance quoted by MWazir - "Switching from categories other than those stated in this leaflet will not be allowed except in exceptional circumstances. These circumstances will be assessed by caseworkers on a case by case basis. Circumstances relating to the job, employment and labour market will not be accepted as exceptional circumstances. Only circumstances relating to the individual which would make it unduly harsh for them to return to their country of residence may be considered as exceptional."

I think that, effectively, Captain74 - as a dependant - isn't in the UK "in his own right" so he's really making a fresh start by switching to HSMP. Unless he can claim "exceptional circumstances" he's stuck with returning to his home country to make the application.

[RedSpeed]

Paul, you might be right .But when i spoke with IND they clearly told me(Even the guy at IND conformed it with his senior before conforming his anser with me) that my wife will able to change the status to HSMP as in-country applicnet. We hav not applied as yet but are planing to do in early Jan. I am going to stay on workpermit as it is so my FLR clock keeps ticking and wife will transfer her visa as workpermit dependent to HSMP.

Is there any way we can raise a question on workingintheuk.gov.uk as i beleive there is a lots of confusion going on here

TA

Rushi



>>>>>>>>>>>>>
Inbox :: Message
From: captain74
To: RedSpeed
Posted: Tue Dec 06, 2005 2:49 pm
Subject: Swichting to HSMP from Workpermit Holders' dependent visa Quote message
RedSpeed

I have a similar problem to what you faced. Kindly help!

I am in UK as a dependent with my wife who is a Work Permit Holder. We have had this status for 1 year+ now. Irecently applied and got my HSMP under the MBA provision as an in-country applicant. I did this as we aim to move my wife to being my dependent and hence have mobility in jobs.

However, when I applied for FLR (based on HSMP) as in-country applicant, the same was refused by Home Office saying that I did not come under the categories that can switch status in-country.

I am thorughly confused. I read in a post by you that you spoke to someone at IND and they said that workpermit dependents can apply as in-country applicants. Can you please guide?

Many thanks
>>>>>>>>>>>>>>>

[Smit]

Rushi aka Redspeed,

You will see that Captain has had his application rejected by WP (UK) -I would go by that and not by what you have been told by IND staff over the phone.

I would agree with Paul's explanation.

S

[captain74]

Redspeed I think I agree with Smit to a large extent.

Anyway I am seeing an immigration specialist lawyer soon and shall post the exact advice for all facing this issue.

Thanks for the contribution people!

[RedSpeed]

Spoke with IND again and now they are saying that my wife (workpermit dependent) has to apply from country of origin for EC and she can not apply as a in-country applicant. We don't have much choice now, but my question is that HSMP approval letter says that as you are in the UK you can apply for visa(FLR) in 6 months time, but as i understand EC has to be done in 3 months time after HSMP approval for outside UK cases. Can any one please help us with this issue as we don't have many days left for the EC if it has to be done in 3 months time. Also is there any document list i for EC as i couldn't find detail list for EC on the board.


Thanks

RedSpeed

[RedSpeed]

Applied from Mumbai and the EC approved without interview

Thanks all