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Switching to Tier 1 Dependant Visa with in UK now possible!?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

orpheus80in
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Post by orpheus80in » Tue Oct 01, 2013 9:04 pm

Does this mean that a person with Tier-2 can switch in country to Tier-1 dependent category from today onwards ?

vinny
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Post by vinny » Tue Oct 01, 2013 11:41 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

O_Relly
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Post by O_Relly » Wed Oct 02, 2013 7:29 am

If a Tier 1 (General) Main Applicant were to switch to partners Tier 1 General (Dependent) in-country, will the time already spent as a Tier1 Main applicant be considered for ILR ?

or

Will the ILR counter start all over again for 5 years (as per rule post 09-July-12) from the time of switching into Tier1 General Dependent ?

vinny
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Post by vinny » Wed Oct 02, 2013 8:39 am

No.

Yes.

ILR is subject to 319E (PBS dependant) or Long residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

O_Relly
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Post by O_Relly » Wed Oct 02, 2013 9:52 am

vinny wrote:No.

Yes.

ILR is subject to 319E (PBS dependant) or Long residence.
Thanks very much Vinny.

vrindasood
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Post by vrindasood » Sat Oct 05, 2013 8:11 pm

Is it mandatory to have a joint bank account ? (it is one of the requirement)

Is anyone in a similar situation of not having joint bank account in UK with spouse and is applying as a dependent ?

pmnagendra123
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Post by pmnagendra123 » Sun Oct 06, 2013 11:15 am

vrindasood wrote:Is it mandatory to have a joint bank account ? (it is one of the requirement)

Is anyone in a similar situation of not having joint bank account in UK with spouse and is applying as a dependent ?
I don't think any immigration rule suggests to have a joint bank account

vrindasood
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PSW to PBS Dependant switch

Post by vrindasood » Sun Oct 06, 2013 1:04 pm

according to PBS (Dep) Guidance (version 10/2013) - page 7
if you are applying as a family member of a PBS migrant and your last grant of leave was not as their dependant then you will need to provide the following documents:

marriage or civil partnership certificates
bank statements in joint names
Council tax/utility bills in joint names

i'm not sure if all of these are mandatory. I have 2 out of 3, however we dont have bank statements in joint names.
Can anyone advise on how critical are the joint bank ac statements?
additional evidential requirement for dependants of PBS migrants whose last grant of leave was not in this capacity.

36. If you are applying as a family member of a PBS migrant and your last grant of leave was not as their dependant or you are a child born in the UK, you will need to provide the following documents:
Partners
marriage or civil partnership certificates
bank statements in joint names
Council tax/utility bills in joint names

vinny
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Post by vinny » Sun Oct 06, 2013 1:31 pm

I believe that the requirements in the Policy Guidance are mandatory if and only if they are incorporated within the Immigration Rules.

However, it may be easier to add joint names to Bank account(s), utility and council tax invoices, rather than fighting them about it.
Last edited by vinny on Fri Oct 11, 2013 12:45 am, edited 2 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pmnagendra123
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Post by pmnagendra123 » Sun Oct 06, 2013 5:49 pm

vinny wrote:I believe that the requirements in the Policy Guidance are mandatory if and only if they are incorporated within the Immigration Rules.

However, it may be easier to add joint names to Bank account(s), utility and council tax invoices, rather than fighting them about it.
Well spotted !!

I will try to add my accounts and keep in joint names..

Is this easy can I just pop into a high street branch and add my partner and take a statement?

pmnagendra123
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Post by pmnagendra123 » Sun Oct 06, 2013 5:51 pm

pmnagendra123 wrote:
vinny wrote:I believe that the requirements in the Policy Guidance are mandatory if and only if they are incorporated within the Immigration Rules.

However, it may be easier to add joint names to Bank account(s), utility and council tax invoices, rather than fighting them about it.
Well spotted !!

I will try to add my accounts and keep in joint names..

Is this easy can I just pop into a high street branch and add my partner and take a statement?

Even I have 2 out of 3 except bank statements I have to sort it out ! Hope it's easy

vrindasood
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Post by vrindasood » Sun Oct 06, 2013 8:10 pm

Didn't want to take a chance so added my husband today in my account. All requirements met now so hopefully no issues.

Looking at the immigration situation in UK its better to follow everything than to be sorry later.

Cheers!

pmnagendra123
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Post by pmnagendra123 » Mon Oct 07, 2013 6:36 am

vrindasood wrote:Didn't want to take a chance so added my husband today in my account. All requirements met now so hopefully no issues.

Looking at the immigration situation in UK its better to follow everything than to be sorry later.

Cheers!
Yes ! It is better not to take a chance.

Cheers

vinny
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Post by vinny » Fri Oct 11, 2013 12:44 am

The documents may help prove subsisting marriage (319C(d)).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vrindasood
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PSW to PBS Dependent Switch

Post by vrindasood » Fri Oct 11, 2013 9:25 am

I have an inperson appointment scheduled for PBS dependent (tier 1 general) category next week and am currently filling the application form for the same, I have the following doubts:

For questions:
K5: Did you have a visa or entry clearance when you came to the UK? (ht)
K6; In which country did you obtain your visa or entry clearance? (ht)
K7; What is the reference number of the visa or entry clearance? (ht)
K8; What date was your visa or entry clearance valid from? (ht)
K9; What date was your visa or entry clearance valid to? (ht)

Doubt #1: I came to uk in 2010 on a Tier 4 student visa post which i switched to Tier 1 PSW (my current visa category) while i was in UK so not sure whether to enter Tier 4 student visa details for questions above or Tier 1 PSW visa details?

Doubt #2: do i need to attach my husbands (PBS main applicant) original
visa and passport or just copies with my application since im applying seperately?

Doubt #3: Can someone please confirm the complete list of doccuments that i need to attach with my application?

vinny
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Post by vinny » Fri Oct 11, 2013 11:29 am

Doubt #1:

A visa is a type of entry clearance.

Switching in the UK is applying for leave to remain. This is not a visa nor entry clearance application.

Therefore, Tier 4 visa details will be appropriate.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ujjal
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Urgent pls

Post by ujjal » Sun Oct 13, 2013 12:44 am

Hello everybody

My current status is tier -4 student. My wife switched to tier 2 (General)and now I have a daughter of 14 months and I am doing MBA . Bt I want to switch to tier2 dependant

So do I need to leave the country for that.

vinny
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Post by vinny » Sun Oct 13, 2013 12:49 am

ujjal wrote: Bt I want to switch to tier2 dependant

So do I need to leave the country for that.
No.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pmnagendra123
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Re: PSW to PBS Dependent Switch

Post by pmnagendra123 » Tue Oct 15, 2013 8:37 am

vrindasood wrote:I have an inperson appointment scheduled for PBS dependent (tier 1 general) category next week and am currently filling the application form for the same, I have the following doubts:

For questions:
K5: Did you have a visa or entry clearance when you came to the UK? (ht)
K6; In which country did you obtain your visa or entry clearance? (ht)
K7; What is the reference number of the visa or entry clearance? (ht)
K8; What date was your visa or entry clearance valid from? (ht)
K9; What date was your visa or entry clearance valid to? (ht)

Doubt #1: I came to uk in 2010 on a Tier 4 student visa post which i switched to Tier 1 PSW (my current visa category) while i was in UK so not sure whether to enter Tier 4 student visa details for questions above or Tier 1 PSW visa details?

Doubt #2: do i need to attach my husbands (PBS main applicant) original
visa and passport or just copies with my application since im applying seperately?

Doubt #3: Can someone please confirm the complete list of doccuments that i need to attach with my application?

Doubt#1

Student visa details

Doubt#2

Copies should be fine with approval letter of your husband

Doubt#3

Passports
Application form
Supporting docs- various docs already discussed on this post...

All the best!

pmnagendra123
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Re: Urgent pls

Post by pmnagendra123 » Tue Oct 15, 2013 8:40 am

ujjal wrote:Hello everybody

My current status is tier -4 student. My wife switched to tier 2 (General)and now I have a daughter of 14 months and I am doing MBA . Bt I want to switch to tier2 dependant

So do I need to leave the country for that.

For applications after 1 Oct 2013, switching within country is now possible unless you are here on a visitor visa or temporary admission/release.

vrindasood
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Post by vrindasood » Tue Oct 15, 2013 11:02 am

Thanks Vinny & Nagendra

anitha_i
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Post by anitha_i » Wed Oct 16, 2013 3:45 pm

Hello Everyone

I am just glad I came across this forum!

I am currently on a Tier 2(General) visa sponsored by the company I work for. I was recently refused an application to switch to my husband's visa (Tier 1 General) in March 2013, on the basis that I cannot make an In-country application for it and I will have to apply from India to switch between the tiers, which I thought was very unfair as I still satisfied all the other requirements for a successful application.

The reason I am trying to switch is just that
having my own visa gives me more flexibility and a peace of mind as I no longer have to keep worrying about the day things start to go wrong in my company. I was going to go to India next month to switch my visa, but was still in a dilemma as, though my company might give me permission to work from India till I sort the visa out, in those rare cases of delayed/missed applications (I have heard cases where people's application have been delayed a decision for more than a year), it would begin to get a lot more complicated and hard to convince them to give me an extended permission to work from India.

Had it not been for this thread I would have never found out that the immigration rules have changed now since the 1st of October 2013. So, thanks to everyone who had posted here!

Just, to be double sure that I am not on the wrong track (I have already had a rejection in March 2013), I am currently on a tier2 General visa and my husband is on a tier1 general visa, so can anybody please confirm if I am eligible to switch as a dependent to my husband's visa from within the UK?

Thanks a lot for you help!

Regards,
Anitha.

pmnagendra123
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Switch successful

Post by pmnagendra123 » Wed Oct 16, 2013 9:10 pm

Hello everyone, I would like to quickly share with you that my application to switch with in UK has been successful after all research and effort. Thanks every one for sharing your thoughts here.

Bottom line: switching is now possible!

pmnagendra123
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Post by pmnagendra123 » Wed Oct 16, 2013 9:11 pm

anitha_i wrote:Hello Everyone

I am just glad I came across this forum!

I am currently on a Tier 2(General) visa sponsored by the company I work for. I was recently refused an application to switch to my husband's visa (Tier 1 General) in March 2013, on the basis that I cannot make an In-country application for it and I will have to apply from India to switch between the tiers, which I thought was very unfair as I still satisfied all the other requirements for a successful application.

The reason I am trying to switch is just that
having my own visa gives me more flexibility and a peace of mind as I no longer have to keep worrying about the day things start to go wrong in my company. I was going to go to India next month to switch my visa, but was still in a dilemma as, though my company might give me permission to work from India till I sort the visa out, in those rare cases of delayed/missed applications (I have heard cases where people's application have been delayed a decision for more than a year), it would begin to get a lot more complicated and hard to convince them to give me an extended permission to work from India.

Had it not been for this thread I would have never found out that the immigration rules have changed now since the 1st of October 2013. So, thanks to everyone who had posted here!

Just, to be double sure that I am not on the wrong track (I have already had a rejection in March 2013), I am currently on a tier2 General visa and my husband is on a tier1 general visa, so can anybody please confirm if I am eligible to switch as a dependent to my husband's visa from within the UK?

Thanks a lot for you help!

Regards,
Anitha.

Yes Possible! Good luck !

anitha_i
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Post by anitha_i » Thu Oct 17, 2013 9:18 am

Yes Possible! Good luck !
Thanks a lot for confirming Nagendra. That has really gotten my spirits up!!!

Cheers
Anitha.

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