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Student dependent to WP Visa??

General UK immigration & work permits; don't post job search or family related topics!

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alysia
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Joined: Tue Apr 25, 2006 6:44 pm

Student dependent to WP Visa??

Post by alysia » Tue Apr 25, 2006 6:56 pm

Hi, I'm new to the forum, but it's wonderful. I wish I had known about it before I came over on my student visa!

I was wondering if anyone could help me figure out our visa situation. I haven't been able to find this situation with search, so I apologise if it's been asked many times before.

I am on a student visa until January 2007. My husband is an infrastructure engineer (shortage occupation) and has been working for a firm (on his student-dependent visa) since September. We are both from the US. They want to sponser his work permit, but we are confused about the process involved.

Will we have to leave the country before they can apply for the WP, or can they do it while he's still working here? We are pretty sure we need to go back to the US to apply for the actual visa after he receives the work permit. Is that correct?

We plan to do this soon, so that I can take a full-time position here as soon as possible with a spousal permit. (I'm in journalism, so it's very unlikely I would be offered a WP, though I know it would be easier that way.)

Thank you so much for any help you can offer!

alysia

WoodieG
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Joined: Fri May 19, 2006 10:40 pm

Post by WoodieG » Fri May 19, 2006 11:22 pm

As your husband is in a 'non-switchable' category he should return home first, then have the employer submit the work permit application as soon as he's on the plane.

If he intends to remain here to get the permit then travel to get the visa his employer will need to lie on the application form. The employer needs to state he is outside the UK in order to get an out-of-country work permit (the only sort you can get entry clearance with).
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ANGELINA JOLIE PIC
Last edited by WoodieG on Thu Feb 17, 2011 1:44 pm, edited 1 time in total.

rooi_ding
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Joined: Fri Mar 17, 2006 10:17 pm

Post by rooi_ding » Sat May 20, 2006 12:52 am

Please try avoid lying to the HO this is probably not such a good thing to do. As you will create yourself a whole world of hurt. Your husband might consider applying under the HSMP program. This is possible better then the WP scheme as will allow your husband to switch employers without having to apply for a new WP and he won’t be locked into one employer for a long period of time. I had a quick glance at it and it looks like he could continue working up until his HSMP is approved. Then I am afraid he would have to return to the US to get entry clearance (I could be wrong and maybe someone who knows a bit more will tell you different) follow the link http://www.ind.homeoffice.gov.uk/workin ... /hsmp.html
And also maybe check back here for a moderator’s suggestion
Hope this helps

WoodieG
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Posts: 377
Joined: Fri May 19, 2006 10:40 pm

Post by WoodieG » Sat May 20, 2006 5:26 pm

Indeed, lying to them is probably not a good idea.

If he applies for and has his HSMP approved he would need to leave to get entry clearance. He would, however, be free to keep working on the terms of his existing visa then pick a suitible time to go for entry clearance - providing he does so inside 6 months of approval.
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Fj cruiser

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