Dependant of HSMP visa holder - NOT Tier 1

I am on an HSMP visa. Please do not confuse this with Tier 1.

I have recently got married to my husband who is currently on the Tier 1 Gen visa. We are both in the UK.

He now wishes to convert his visa and become my dependant. i.e HSMP dependant.

Will he have to go to India to do this or can he switch from within the UK?

Either ways, which form should he use?

Any advise will be appreciated.

He will have to return to India and apply for EC as dependent of HSMP migrant.

If your HSMP approval application was submitted before 07-Nov-06, he should be using VAF2 form (this I am certain of). If your HSMP approval application was submitted after 05-Dec-06, in all probability, he will be required to use the VAF10 form.

I would suggest that you check with VFS directly if you fall in the latter group.

regards

Dear Guru,

Thank you very much for yor prompt reply. My immigration adviser (OISC) however insists that he can apply from within the country using FLR(O) form.

Are you sure he has to go back? He is really worried to apply from India as it takes a very long time and he may not get a long leave from his job here in London.

rzlaks wrote:Dear Guru,

Thank you very much for yor prompt reply. My immigration adviser (OISC) however insists that he can apply from within the country using FLR(O) form.

Are you sure he has to go back? He is really worried to apply from India as it takes a very long time and he may not get a long leave from his job here in London.

Don't let somebody experiment with ur future.. get/discuss complete details how he is going to put ur case n decide

Applications from India are decided much more quicker than the UK applications... around 10-12 working days.

rzlaks wrote:My immigration adviser (OISC) however insists that he can apply from within the country using FLR(O) form.
Are you sure he has to go back?

Well, I can't comment on your OISC immigration advisor's advice! As per my understanding of the immigration rules (194(vi) and 196A(v)) and from experiences of people I know, applicants who do not have leave to enter / remain as dependents of HSMP migrants cannot extend their stay as dependents from within UK and must apply for EC from home country.

rzlaks wrote:I am on an HSMP visa. Please do not confuse this with Tier 1.
He now wishes to convert his visa and become my dependant. i.e HSMP dependant.
Will he have to go to India to do this or can he switch from within the UK?

One / both partners on HSMP / Tier 1 in their own right, one / both covered by HSMP JR, one / both eligible for ILR in the near future, but to benefit from the JR judgment one must change to dependent! Sounds familiar?

Well, what else can I say but - Welcome to the exclusive club.

regards