WP Dependent to Tier1: Please help Stressed a lot :(

[Mohammed]

Hi All,

Could you all please clarify the below mentioned for me?

I am planning to apply for Tier 1 general.
My situation:
At present I am living and working in UK from past 1 year
My visa is: work permit dependent (am on my wife's visa, who is a work permit holder). Am an Indian National.

So am planning to apply for a Tier 1 general visa however my wife will remain a work permit holder. I have checked my eligibility through the tool and am able clear the minimum (90).

As am not eligble to switch in country I would have to apply from India, this is where my confusion and concern is.
Do I have to go back to India and apply from there or Can I make the application from UK and after getting my approval (hopefully!!!) can I go back to India and come back on my new Visa???

I have read here that while making the application I will have to sent my passport along too?.

I have a job here, if I have to go back to India and apply from there, I can take a vacation of maximum of 1 month, my concern is if I don't get my passport back with in my vacation period, I will be done for...

Could some body please clarify this, this is giving us major stress.

Regards,
Distressed

[hsmpinuk70]

Unlike HSMP which is a two step process (first approval, then leave to enter/remain), Tier 1 is a single step process.

Since dependents cannot switch visa status from within UK and the fact that there is no information on Tier 1 website (BIA) / Tier 1 guidance whether dependents can (or cannot) apply from within UK, my suggestion would be to email BIA and get a confirmation from them directly.

regards

[ammu28]

@mohammad

This is from bia site

Can my dependant make their own application?
If they wish, your dependant can apply for permission in their own right. If they do this they will need to meet the requirements of the immigration category under which they intend to apply. In these circumstances their application will be considered separately to yours and we cannot guarantee that both applications will be successful or that you will be given permission to enter, remain or settle for the same length of time.

http://www.ukba.homeoffice.gov.uk/worki ... ependants/

[hsmpinuk70]

Ammu,

Please note that the link you have provided is for HSMP and is not valid for the Tier 1 scheme.

regards

@mohammad

This is from bia site

Can my dependant make their own application?
If they wish, your dependant can apply for permission in their own right. If they do this they will need to meet the requirements of the immigration category under which they intend to apply. In these circumstances their application will be considered separately to yours and we cannot guarantee that both applications will be successful or that you will be given permission to enter, remain or settle for the same length of time.

http://www.ukba.homeoffice.gov.uk/worki ... ependants/

[Mohammed]

Hi,

Thanks for your reponse. I have mailed the BIA on the following email address wpcustomers@ind.homeoffice.gsi.gov.uk asking for clarification. Hope they reply.

[rahsmp]

you need to go back to India and apply for Tier1, you will not be able to switch from UK
Refer the following link:
http://www.bia.homeoffice.gov.uk/workin ... switching/

The text is 'If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance'

Hi All,

Could you all please clarify the below mentioned for me?

I am planning to apply for Tier 1 general.
My situation:
At present I am living and working in UK from past 1 year
My visa is: work permit dependent (am on my wife's visa, who is a work permit holder). Am an Indian National.

So am planning to apply for a Tier 1 general visa however my wife will remain a work permit holder. I have checked my eligibility through the tool and am able clear the minimum (90).

As am not eligble to switch in country I would have to apply from India, this is where my confusion and concern is.
Do I have to go back to India and apply from there or Can I make the application from UK and after getting my approval (hopefully!!!) can I go back to India and come back on my new Visa???

I have read here that while making the application I will have to sent my passport along too?.

I have a job here, if I have to go back to India and apply from there, I can take a vacation of maximum of 1 month, my concern is if I don't get my passport back with in my vacation period, I will be done for...

Could some body please clarify this, this is giving us major stress.

Regards,
Distressed

[hsmpinuk70]

http://www.bia.homeoffice.gov.uk/workin ... switching/
Dependants may not switch into any points-based system tier in their own right. If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance.

Knowing HO, I guess this will cover all "dependent" visa categories and not just Tier 1 dependents.

My suggestion would still be to write to HO directly and get a clear response from them.

regards

[malar1973]

Hi Mohammed,

Got the reply from BIA? I'm also in the same category!

Thx,
malar