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Should I switch to dependent visa?help

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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April00
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Joined: Tue Apr 15, 2008 4:01 pm

Should I switch to dependent visa?help

Post by April00 » Tue Apr 15, 2008 11:00 pm

Hi, I have a question regarding switching visa type. Hope people who have similar experience can help to answer. Thanks a lot!

I am currently on work permit visa, I thinking to switch to a dependent visa, as my husband will be eligible to apply PR in Dec this year.
We have been living together in the UK for more than 2 years, though we have been married for about 1 year.
So the questions are:

Will I be granted a PR when I apply with my husband?

Or I will only be granted a 2 years dependent visa?

Since it would take me another 3 years to apply PR on my own right, should I switch now?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Apr 16, 2008 5:00 am

If you hold prior entry clearance as a work permit holder's spouse (195), then I believe you may be included in your husband's work permit settlement application (196E). You would both need to satisfy the Knowledge of language and life in the United Kingdom requirements, etc,.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

April00
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Posts: 15
Joined: Tue Apr 15, 2008 4:01 pm

Post by April00 » Wed Apr 16, 2008 9:35 am

Well, My husband is on his HSMP, ans I am on work permit visa. Because I was never included in my husband visa. So i am thinking to switch to a dependent visa. Not sure whether this is a good idea or not?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 17, 2008 1:27 am

It's a good idea to apply for the HSMP holder's spouse entry clearance from your own country (195), if you want to be included in your husband's HSMP settlement application (196E).

You would both need to satisfy the Knowledge of language and life in the United Kingdom requirements, etc,.

See also can I add my spouse(who joined later)name when apply for ILR.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

April00
Newly Registered
Posts: 15
Joined: Tue Apr 15, 2008 4:01 pm

Post by April00 » Thu Apr 17, 2008 10:26 am

Thanks Vinny.

But I might have confused you earlier, let me describer the timeline
a bit clear.
My husband is eligible to apply ILR in Dec 2008 after having worked here for 5 years (he is on HSMP)
We got married in June 2007.
We bought a house and have been living together since Oct 2006.
We both have been living in the UK for 5+ years

As you might be aware, the new rules require a spouse to have a spouse visa for 2 years before he/she be able to apply for ILR.

So, if I switch from my work permit to a spouse visa now, that enables me to join my husband ILR application in Dec 2008.
But, what will be the possible outcomes:

1 Will I be granted a PR? ( giving the fact that we have been living together in the UK for >2 years but I was on other visa category (WP)

2,Or I will only be granted a 2 years dependent visa of ILR (that is to say, I have to wait for 2 more years before being eligible to apply ILR?)

Thank you again for your help.

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