WP dependent's visa status in case of WP to Tier1 switch

Hi,

This is regarding the ‘Work Permit dependent visa’ holder’s visa status; in case of Main applicant switches his visa status from ‘Work Permit’ to ‘Tier1’.

As of now, I am having visa as ‘Work Permit’ and my wife is having ‘Work Permit dependent’ visa and currently my wife is in India and will be travelling back after 2 months i.e. April.

Now, I am planning to switch my visa status to ‘Tier1’ from my existing visa as ‘Work Permit’. But as my wife is in India, so she will not be applying for ‘Tier1 dependent’ along with my application.

I have heard (though could not find anything on the Home Office website) that

* my wife’s visa ‘Work Permit dependent’ will be invalid for travelling back to UK and automatically qualify for cancellation of her visa.
* She will only be permitted to travel back to UK once her visa is converted to ‘Tier1 dependent’

Can you please advice, if this is the case.

Appreciate your response in advance.

Thanks

Hi...

Yes your understanding is right. I suggest you either ask your wife to travel to UK before applying for Tier1 or once you apply for Tier1 you would need to apply for Tier1 dependent for your wife in India and get the entry clearence before travelling back to UK.

I think the former choice is better as you can avoid paying fees for your wife's VISA.

Good luck

Thx for reply, but my wife can't come before April due to some commitments. BTW, which form will be required to apply from India?

Any Senior Members , please confirm the response by Shaunking.

Hi Kirsud,
as per the reply i got from the public visa enqiries...even though your visa status got changed from WP -> Tier 1 General your dependent visa is still valid.
i have posted the original email reply at the below thread.

http://www.immigrationboards.com/viewto ... highlight=

my wife who was on WP dependent travelled to uk after i switched to tier 1 general. 2 weeks back i have applied for her tier 1 dependent visa.

i will post the details once we got the outcome of the application.

Also i suggest you to go ahead and apply for the tier 1 as rules are getting changed from 1st April 2009

http://www.immigrationboards.com/viewtopic.php?t=35799

kirsud wrote:Thx for reply, but my wife can't come before April due to some commitments. BTW, which form will be required to apply from India?

Any Senior Members , please confirm the response by Shaunking.

Thanks a lot dingdon for sharing information.

But, still i am bit confused by the below reply from public visa enqiries...
========================================
From: PublicVisaEnqs@fco.gov.uk [mailto:PublicVisaEnqs@fco.gov.uk]
Sent: 26 February 2009 16:19
To: XXXXXXXX
Subject: RE: Work Permit dependent visa holder's visa status, in case of Main applicant switches his visa status

Your spouse could be refused entry if she seeks readmission to the UK after your work-permit employment ceases. But she will not be able to apply for a visa to join you as the dependent of a person admitted in Tier 1 until you have been granted that status.


If she returns to the UK before you lose the work-permit holder status, there will be no problem.

Sent by:
Public Enquiries [I], Visa Services, International Group,
UK Border Agency, London SW1A 2AH
Web-site: www.ukvisas.gov.uk


--------------------------------------------------------------------------------

From: XXXXXXXXXX
Sent: 26 February 2009 15:41
To: Public Visa Enqs
Subject: Work Permit dependent visa holder's visa status, in case of Main applicant switches his visa status
Importance: High
Dear Sir/Madam,

This is regarding the ‘Work Permit dependent visa’ holder’s visa status; in case of Main applicant switches his visa status from ‘Work Permit’ to ‘Tier1’.
As of now, I am having visa as ‘Work Permit’ and my wife is having ‘Work Permit dependent’ visa and currently my wife is in India and will be travelling back after 2 months i.e. April.
Now, I am planning to switch my visa status to ‘Tier1’ from my existing visa as ‘Work Permit’. But as my wife is in India, so she will not be applying for ‘Tier1 dependent’ along with my application.
I have heard (though could not find anything on the Home Office website) that

my wife’s visa ‘Work Permit dependent’ will be invalid for travelling back to UK and automatically qualify for cancellation of her visa.
She will only be permitted to travel back to UK once her visa is converted to ‘Tier1 dependent’

Can you please advice, if this is the case.
Appreciate your response in advance.

========================================

Any Senior Members , please help.

The reply from HO is pertinent.

we are getting different views from public visa enqiries...

Any Senior Members , please help !!!!!!

Hi All,
i got my wife's dependent visa got approved. so from this it is clearly evident that even the main applicant switches his status from WP to Tier 1 general visa, still dependent visa is valid and can travel to uk.
-Dingdon

dingdon wrote:Hi Kirsud,
as per the reply i got from the public visa enqiries...even though your visa status got changed from WP -> Tier 1 General your dependent visa is still valid.
i have posted the original email reply at the below thread.

http://www.immigrationboards.com/viewto ... highlight=

my wife who was on WP dependent travelled to uk after i switched to tier 1 general. 2 weeks back i have applied for her tier 1 dependent visa.

i will post the details once we got the outcome of the application.

Also i suggest you to go ahead and apply for the tier 1 as rules are getting changed from 1st April 2009

http://www.immigrationboards.com/viewtopic.php?t=35799

kirsud wrote:Thx for reply, but my wife can't come before April due to some commitments. BTW, which form will be required to apply from India?

Any Senior Members , please confirm the response by Shaunking.