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Switching from Skilled Visa to Student dependent Visa possible ?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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jobs4avinash
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Switching from Skilled Visa to Student dependent Visa possible ?

Post by jobs4avinash » Wed Oct 20, 2021 4:05 pm

Hi All ,

My wife is on student visa till Jan 2023, and I have accompanied her along with kid on Skilled Visa which is given for 1 Year as fixed term employment which is till 31st Dec 2022.

Incase, If I am not able to find a job with another skilled Visa sponsor in that time period before my Skilled Visa expires. Is it possible to switch over Visa to Dependent of Student (Wife) which is till Jan 2023 ( Did not included PSW).

Is it possible to have both Visa's Dependent & Skilled Visa from start , Instead of waiting till my Skilled Visa expires?

Your response's are highly appreciated.

Regards,
Avinash

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CR001
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by CR001 » Wed Oct 20, 2021 4:52 pm

You and your child can switch to student dependent visa at any time.

You cannot however hold both a dependent visa and your skilled worker at the same time. Immigration rules don't work like that
Char (CR001 not Casa)
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Maggee
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by Maggee » Mon Oct 25, 2021 10:02 pm

I am also with the same scenario .

I am on a Skilled worker visa and my wife is on Student Visa (1 year study + 1 year placement). My wife course
ends by Sep 2022 . After that she will also get PSW for 2 years..

Please can you advise till what point of time I can become her dependednt i.e

1) can I become her dependent directly during PSW application ? The reason I ask this is my skilled worker visa is only till Nov 2022 .

2) Is it also possible to become her dependent from now till Sep 2022?

Kindly advise. Thanks a lot in advance.

vinny
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by vinny » Mon Oct 25, 2021 11:54 pm

If you make a valid application before expiry of leave (permission), then your current leave continues until the decision.

You will become a dependant after they grant leave as a dependant.

To preserve you qualifying period for ILR under skilled worker, it may be better if you are able to extend in-time as a skilled worker, perhaps with same or different employers?
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.
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by Maggee » Tue Oct 26, 2021 6:35 am

Thanks for the response and agree. I am planning to switch to Tier 4 dependent only if I did not find any sponsor after Nov 2022 and intermittently something happened with the current skilled worker visa.

Hence checking with those questions. Kindly advise. Thanks .

jobs4avinash
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by jobs4avinash » Tue Nov 02, 2021 6:57 pm

Hi Vinni or CR001,

To get ILR is it required to have one Visa category like Skilled Worker Visa for 5 yrs Continuously or can it be like 1st yr - Skilled Visa ,
2nd year - Student Dependent ,
3rd - Skilled Visa Dependent,
4th Year, 5th , 6th year - Skilled Visa .
In this case how does it work like, Can anyone elaborate the condition for ILR ?

Regards,
Avinash.

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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by CR001 » Tue Nov 02, 2021 7:00 pm

jobs4avinash wrote:
Tue Nov 02, 2021 6:57 pm
Hi Vinni or CR001,

To get ILR is it required to have one Visa category like Skilled Worker Visa for 5 yrs Continuously or can it be like 1st yr - Skilled Visa ,
2nd year - Student Dependent ,
3rd - Skilled Visa Dependent,
4th Year, 5th , 6th year - Skilled Visa .
In this case how does it work like, Can anyone elaborate the condition for ILR ?

Regards,
Avinash.
You need ONE visa category for 5 years for ILR based on 5 years residence. You cannot combine different visa for 5 years ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jobs4avinash
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by jobs4avinash » Tue Nov 02, 2021 7:07 pm

Thanks for responding, How about the below scenario :

1st yr - Skilled Visa ,
2nd year - Skilled Visa Dependent ,
3rd - Skilled Visa Dependent,
4th Year, 5th , 6th year - Skilled Visa .

Regards,
Avinash

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CR001
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by CR001 » Tue Nov 02, 2021 7:08 pm

jobs4avinash wrote:
Tue Nov 02, 2021 7:07 pm
Thanks for responding, How about the below scenario :

1st yr - Skilled Visa ,
2nd year - Skilled Visa Dependent ,
3rd - Skilled Visa Dependent,
4th Year, 5th , 6th year - Skilled Visa .

Regards,
Avinash
No! You cannot combine Skilled worker time with a dependent visa time to make up 5 years. You need 5 years as a skilled worker OR 5 years as a dependent to qualify for ILR. Every time you reapply for either dependent or skilled worker visa, the 5 year ILR clock resets to zero.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by secret.simon » Tue Nov 02, 2021 8:18 pm

A dependent visa is always a separate category from the main category. So, Skilled Worker and Skilled Worker dependent are two separate categories, with different requirements. Likewise with student and student dependent, etc. And yo can't combine the two for ILR on the 5 year pathway.

You can combine all continuous legal residence in the UK on the 10 year Long Residence route.

To apply for ILR under the 5 year pathway for Skilled Worker, you need to have spent the five continuous years under any combination of the following visas;
The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:

(a) Skilled Worker; or
(b) Global talent; or
(c) Innovator; or
(d) T2 Minister of Religion; or
(e) International Sportsperson; or
(f) Representative of an Overseas Business; or
(g) as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant;
And the last visa must have been the Skilled Worker visa.
The applicant must have, or have last been granted, permission as a Skilled Worker.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

jobs4avinash
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Re: Switching from Skilled Visa to Student dependent Visa possible ?

Post by jobs4avinash » Wed Nov 03, 2021 6:32 am

Thank you Moderators, These replies cleared my confusion and gave me clarity. Thankful as always

Regards,
Avinash

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