Workpermit and HSMP - Spouse

Hi,

Below is my Visa Status: -

May 2004 to Sep 2006 - Work permit
Sep 2006 to Oct 2008 - Dependent Workpermit
Oct 2008 to Oct 2010 - HSMP Tier1

I was out of country approx 9 months in 2006 so my 5 year period completes in Sep 2011.

My Wife was initially on dependent work permit from Feb 2005 now she has her independent work permit. She will be finishing 5 yrs in June 2011.

As a spouse can I file ILR with her in June 2011 otherwise I will have to wait till Oct 2011 when I finish 5 yrs and by then the new citizenship rules will be in place which I want to avoid.

Do I need to convert my visa to dependent on wife or will I still be able to file the visa along with my wife as a spouse?

I am quite confused please help me.

Thanks,
Ani

are u sure you will be eligible in Oct 2011. The reason i ask is tht you say you were on Dependent visa fom Sept 2006 to October 2008, which in my opinion means you start from Octber 2008 and your 5 years will be up in October 2013 by which time the 'new' citizenship rules should be fully in place

Stay in the UK as a dependent does not count towards ILR. Hence, your ILR count (re)started in Oct. 2008 and that means you will be eligible for ILR only in Oct 2013.

If your wife has been living in UK on her own WP since June 2006 (without any change in immigration category in between) then she will qualify for ILR in June 2011.

Best that you change your immigration status from Tier 1 to WP dependent anytime before June 2011, to be eligible for ILR as a dependent at the same time as your wife. For WP holders, there is no requirement to have lived in UK for 2 years (as a dependent) before becoming eligible for ILR, so this change can be done as and when convenient to you. But you'll need to return to home country to apply for EC as a dependent.

regards

Thanks a lot for your reply. That clarified my confusion quite a lot.

Can I not apply as dependant after my wife gets her ILR status in June 2011? So that once we are sure that her ILR is through I can get converted to her dependent and then later on apply for my ILR as her dependant.


Regards,
Ani

If you do not include yourself as a dependent when your wife applies for ILR, and if you wish to qualify for ILR as a spouse (of a settled person), then:
1. After your wife is granted settled status (ILR), you'll have to change your status to "spouse of a settled person". This also cannot be done from within the UK since you are on a Tier 1 visa. You will still need to travel to home country to apply for EC as spouse.
2. Once you enter UK as a spouse of a settled person, you will then need to spend 2 years in UK before becoming eligible for ILR.

This means that, if you take this route to settlement, you will not qualify before June/July 2013 (earliest).


regards

Route to ILR, your options:
1. WP Dependent - June 2011.
2. Tier 1 migrant - October 2013.
3. Spouse of settled person - June 2013 (at the earliest).

Shouldn't be difficult to choose!

regards

Guru,

Thanks for your reply, appreciate your knowledge in this matter.

One last question.

My wife's visa stamp in the passport states as follows: -

Valid from 13/06/2006
Valid to 13/06/2011

Her Date of entry in UK is 08/07/2006

Now according to my calculations of applying 28 days prior to 5 years period, we can apply for ILR on 11-Jun-2011 and visa expires on 13-Jun-2011 which gives very few days in hand for us to manage taking appointment, submitting the ILR papers etc and hoping that things go right the first time.

Is it recommended that we extend the work permit of my wife somewhere in March/april 2011 for another 3-5 yrs so that we have sufficient validity in hand and then go for ILR applicaiton?

Just getting a bit cautious !!!

Thanks,
Ani

If you believe that there is any chance of refusal (of ILR), then best to get WP extended beyond 13 Jun 2011. At least you'll still be legal if ILR application is refused (for any reason) and will have valid leave to remain in UK. ( ... personal opinion).

This 28 day thingi is confusing (to me). As per my understanding, your wife qualifies (to apply) for ILR from 10-Jun-2011. This gives you 4 days (10th, 11th, 12th and 13th) to ensure that the ILR application is either posted on one of these days or is presented (in person) on any of these days. If your calculation says 11-June instead of 10th, then you get 3 days to your disposal.

regards

Thanks Guru.

That answers all the questions I hope.

Many thanks for your help.

Regards,
Ani

Guru,

I was wondering if I get my wife's workpermit converted to Tier 1 instead of her work permit extension.

Will this create any problem for her ILR ? Are there any different settlement rules for people applying for ILR from workpermit to Tier 1?

Would there be any problem for me to convert from HSMP Tier 1 to her Tier 1 dependent and subsequent file for ILR in June 2011?

Please let me know.

Thanks,
Ani

Ani14 wrote:I was wondering if I get my wife's workpermit converted to Tier 1 instead of her work permit extension.

You may and she will still be eligible for ILR in July 2011 (8-Jul). But, for you to be eligible for ILR as her dependent, you'll have to change to Tier 1 dependent (from home country) and then spend another 2 years in UK as her dependent / spouse.

Ani14 wrote:Are there any different settlement rules for people applying for ILR from workpermit to Tier 1?

Not for the main applicant, but for dependent(s).

Ani14 wrote:Would there be any problem for me to convert from HSMP Tier 1 to her Tier 1 dependent and subsequent file for ILR in June 2011?

Yes, you'll have to spend 2 years in UK as her dependent/spouse before becoming eligible for ILR.


regards

In all of this remember that if you become a dependant on your wife's work permit and her employment is terminated, then you may find yourself in a predicament. May be worth delaying changing to her dependant till a month or two before her ILR appointment?

[quote="OFCHARITY"]In all of this remember that if you become a dependant on your wife's work permit and her employment is terminated, then you may find yourself in a predicament. May be worth delaying changing to her dependant till a month or two before her ILR appointment?[/quote]

Thanks for your advice. I have quick questions.
What are the rules if I convert my visa from Tier 1 to workpermit dependent and then if my wife converts her visa from workpermit to Tier 1 will the same settlement rules apply to me. Will I have to wait for 2 yrs before I get my ILR or will I be able to file along with my wife for ILR?

Your case is indeed very interesting!
The answer to your query is:
If you change from Tier1 to WP dependent, then WP dependent rules will be applicable, which is favorable for you!

And if you again switch back to Tier1 dependent then again it requires you to be 2 years in UK which means you wont be able to apply with your wife for ILR!

If you are a dependent, your visa status will change if the main applicant changes her visa.

So best option as suggested earlier is: Tier1 to WP dependent!

Ani14 wrote: Thanks for your advice. I have quick questions.
What are the rules if I convert my visa from Tier 1 to workpermit dependent and then if my wife converts her visa from workpermit to Tier 1 will the same settlement rules apply to me. Will I have to wait for 2 yrs before I get my ILR or will I be able to file along with my wife for ILR?

Ani14 wrote:What are the rules if I convert my visa from Tier 1 to workpermit dependent and then if my wife converts her visa from workpermit to Tier 1 will the same settlement rules apply to me. Will I have to wait for 2 yrs before I get my ILR or will I be able to file along with my wife for ILR?

Well, the Tier 1 rules are same .. don't change if you become the Tier 1 applicant (main) or your wife!

On WP, there is no requirement, as on date, for dependent to have spent 2 years in UK as a dependent of WP holder before becoming eligible for ILR. But on Tier 1 (General), this condition applies! Simple!

regards

i am following this particular topic and is very interesting.
i will want to make some contributions.Your husband or wife is automatically your dependant but two situation arises

1.if either he or she wants to switch to your dependant he will have to apply from outside UK provided you are not making application at the same time.

2.but if you are applying for another immigration status you can include the name of your husband or wife in the application because you are making the application at the same time.

in this particular case
when your wife is making her application for ILR,she can include you in her application because you are her spouse.they will consider both application together with evidence of relationship and living together for 2 years. and you will be granted

furthermore
A dependant does not have to have visa as partner or spouse of the some one who has leave to remain/leave to enter.Dependant can qualify in their own right by applying for visa/leave to remain as tier 1 general or tier 2.

aosun007 wrote:Your husband or wife is automatically your dependant

No, unless the husband/wife has entered UK as a dependent. Married couple on their own leave to enter/remain in their own right (e.g.- both individuals are Tier 1 (General) main migrants or both are Tier 2 (General) migrants) are not each other's dependent from immigration point of view.

aosun007 wrote:in this particular case
when your wife is making her application for ILR,she can include you in her application because you are her spouse.they will consider both application together with evidence of relationship and living together for 2 years. and you will be granted

Being a spouse is different from having leave to enter/remain as a spouse (or dependent). Unless a spouse has leave to enter / remain in the UK as a spouse / dependent of the main applicant, he/she cannot be included in the ILR application of the main applicant (assuming the dependent qualifies for ILR at the same time). Read immigration rule 194(vi) and 319(c)(h).

Sorry to say, but the following clearly shows that you're offering suggestions to people without any factual knowledge of immigration rules.

aosun007 wrote:furthermore
A dependant does not have to have visa as partner or spouse of the some one who has leave to remain/leave to enter.

Spouses / partners of immigrants with temporary leave to enter / remain apply for (and are granted) leave to enter / remain as dependents (not a spouse). On the other hand, spouses / partners of persons "settled" in the UK apply for (and are granted) leave to enter / remain as spouse (not a dependent).

aosun007 wrote:Dependant can qualify in their own right by applying for visa/leave to remain as tier 1 general or tier 2.

Dependents of Tier 1 / Tier 2 migrants cannot make an application for leave to remain as Tier 1 or Tier 2 migrants in their own right, because switching is not allowed. Dependents must return to home country to apply for leave to enter (EC) as Tier 1 / Tier 2 migrants.

Interesting to see that you are in a similar situation as the OP and seeking answers to your queries on this forum, but don't hesitate to offer suggestions (without factual basis) and without being aware if what you're stating is indeed correct (or not).




regards

Guru,
I appreciate all what u have said.To me you are accurately right .I was given all this information by one immigration lawyer last weekend which i believe is incorrect .
To me you are one of the best source of information in this forum.
keep it up
regards

aosun007 wrote:I was given all this information by one immigration lawyer last weekend which i believe is incorrect .

The conviction in your post suggested that you're completely certain of whatever you were stating. Your post didn't mention that the basis of your accurate information was an immigration lawyer!

Anyways, appreciate an honest response from your end and hope that you'll check your facts first before you offer suggestions that others may depend on.



regards

Looking at the several replies above stating that a dependant of tier 1 has to wait for 2 years and a dependant of WP does not have to wait, raises the following question.

My wife when switches on from WP to Tier 1 in 2010 with my daughter as dependent. Which means when my wife gets ILR next year Jun 2011 my daughter has to still wait for 1 more year to complete her 2 year period. Is that logical ? When my wife gets PR what visa status do they put my daughter on because my wife's visa status of Tier 1 will cease once gets PR. My understanding says they have to transfer my daughter on PR as dependant.


SET O form does not differntiate as partner and child only the main applicant has to have 5 yrs stay bla bla...dependant's period of stay is not asked.

Any comments ?

Ani14 wrote:SET O form does not differntiate as partner and child only the main applicant has to have 5 yrs stay bla bla...dependant's period of stay is not asked.

The form is not the source of information UKBA uses to ascertain your / your family's immigration history. They use it to consider your application, to check if you're stating the truth about your (and dependents') immigration history and to decide if individuals named in the application qualify (for the leave applied for) in accordance with the immigration rules or not.

You may need to apply for extension of leave as child of a settled person for your daughter once the person (you/your wife) the child is (currently) dependent on is granted ILR.

Responses are based on presently valid immigration rules (WP spouses: 194-196F; WP Children: 197-199; Children of settled persons: 297-303; PBS partners: 319A-319E; PBS Children: 319F - 319K).

regards

Got this reply from UK Border Agency today: -

Dear Mr Joshi,

Thank you for your enquiry.

Please be advised that the dependant partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement. This information is available at the below link:

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

I hope that this information will be of assistance to you.

Thanks
XXXXX