Switching Visas

[elma2000]

I've had a wp visa for +3yrs. My spouse, currently on dependent visa, has since been accepted to study a 4yr Nursing Degree at Mddlsx Uni. starting this Sept. I'll be paying for it.

Can I apply for student visa for my spouse and switch myself to dependent 'cause that way I get more flexibility than WP visa.

Most grateful for your reponse(s).

[Chess]

I think you can 'legally' switch (according to the rules).....but on looking at the case in more detail...how can you be a depedant of someone you are sponsoring???

[Kayalami]

To add to commments by Chess

1. Under the immigration rules only someone who is a non visa national may change status to a student within the UK. However the HO will probably exercise discretion if your wife is a visa national and accept the switch from a WP dependent to a student.

2. Note that if you change status to a dependent either by inclusion in her student application or later down the line you would no longer be in a category leading to settlement (CLS). This seems to be an unwise move given that you are not far from the 4 year mark on a WP to apply for ILR.

3. If you want greater flexibility in employment you may wish to apply for HSMP status which is still a CLS.

4. If it turns out that you are not able to meet the HSMP criteria note that a WP with a new company for a similar job to your current one would be classed as a Tier 1 application. Tier 1 applications do not require evidence of a recruitment search so any potential employer would welcome that being pointed out to them.

5. Lastly note that if your wife pursues her studies post ILR acquisition she is likely to get government funding in the form of grants and loans as opposed to paying hefty 'overseas student' fees.

Hope you can sort something out and best of luck

[elma2000]

Good question there Chess. My view is that since I can sponsor my wife now financially my converting to spouse dependant visa is just a technicality.

In other words, I'll be visa dependant not financially. Does that make sense?

Further, I've been looking for WP jobs but employers don't seem keen. I would qualify for HSMP, but now that they are taking 12 weeks, I may not have time since rumours round here are putting our jobs on the line as soon as we've finished system changes currently underway. Unless you know something I don't, spouse dependant seem a good alternative considering my spouse already has a confirmed place, some she had already done in wanting to advance her career.

Thanks again fe all ya comments!

[Chess]

Elma 2000,

If you think you qualify for HSMP, then get on with it, it does not matter how long they take to resolve your case - you will be allowed to continue working.


The beauty of HSMP is that you can get get renewal despite not having a job

[elma2000]

I feel I'm being a pest now, but let me seek a bit of clarification.

The way I figure it is this. If I apply now for HSMP visa, and get laid off in 4 weeks, I will have to work a further 4 weeks (my notice period), but this leaves an extra 4 weeks I can't do anything because I'm waiting for a response from HSMP dept. I can survive 4 weeks! Your advice is go for it! Right?

[Kayalami]

Correct - the HSMP application whilst being progressed ensures that you are in the UK legally. Your WP is valid only whilst you are in the employment of the sponsoring company including any notice period unless there has been a payment in lieu of such. Note that your wife's status is dependent on the validity of your WP which you no longer seem certain of. I would recommend your wife apply for her student visa asap or at least before your last day on the WP as this will act as a back up for the two of you in case things don't progress on the HSMP. Make sure you submit a well presented/ documented application to maximise your chances of success with the HSMP.

I recall my fellow moderator Joseph wrote a really a good article/post in response to someone in a similar position in which he advised the person to focus on getting 'solid/top notch' references from the current employer that would be beneficial for HSMP application. This is easier when you are still at the company sicne you may even get a chance to tailor the references to fit in with the HSMP criteria - do have a look through the board for references letters. Also check the search engine for posts by Joseph and see what you find on the person I mentioned above.

Good Luck

[elma2000]

Thanks, your advice is sound.