Switch from WP dependent to HSMP

[john_tk]

Hi,

I'm on WP & my wife is on WP dependent visa right now. We are planning to apply for HSMP for my wife, as this allow more flexibility than WP. But would she be able to switch her status from within the UK or does she have to go back to her home country before applying for a new visa? I couldn't see 'dependent visa' among the category of visas that allow a switch from within the country. Defenitely the dependent visa is valid for 2 more years.

Thanks,

[Docterror]

We are planning to apply for HSMP for my wife, as this allow more flexibility than WP

Surely, the HSMP is a lot less flexible than the WP dependant visa. But, as far as I know there is no trouble switching from the dependant visa to a HSMP visa in-country.

[john_tk]

Surely WP dependent visa is flexible, but WP visa is not! I have seen some posts in this forum mentioning that it is not possible to switch from dependent visa to HSMP, but it is from WP visa to HSMP. So I was confused. Are you sure that it is possible to switch in-country?

[Docterror]

Surely WP dependent visa is flexible, but WP visa is not!

Yes, I know that. Since she is on a WP dependant visa and not on WP, your quote that I pointed out earlier makes no sense to me at all.

Anyways, inspite of the attitude, I will not let that get in the way of a correction as it does indeed seem that dependants may not be able to switch after all.

See paragraphs 135DA all the way through to 135DH to see the categories that they do allow to switch from at http://www.ind.homeoffice.gov.uk/lawand ... ules/part5

Also see the refusals guidance at http://www.ind.homeoffice.gov.uk/docume ... iew=Binary to get the whole picture.

[john_tk]

Since she is on a WP dependant visa and not on WP, your quote that I pointed out earlier makes no sense to me at all.

Just to clarify, I was telling that it would make my visa much more flexible if I get a dependent visa corresponding to her HSMP visa.

Anyway, thank you very much for providing the information. But in that case, could she be able to apply for HSMP from the UK & if it is granted, then apply for a new visa from her country later on?

[Markie]

Since she is on a WP dependant visa and not on WP, your quote that I pointed out earlier makes no sense to me at all.

Just to clarify, I was telling that it would make my visa much more flexible if I get a dependent visa corresponding to her HSMP visa.

Anyway, thank you very much for providing the information. But in that case, could she be able to apply for HSMP from the UK & if it is granted, then apply for a new visa from her country later on?

Based on the HSMP guidelines as of August-2007 - she can't switch to HSMP in-country as she is not the WP holder. It should be you (WP holder) not your wife.

Pls take note of this section from the HSMP guidelines (especially item B):

Applications to change immigration category into HSMP can only be approved for applicants who are in the UK where they:

a) satisfy the specific Immigration Rule requirements for a grant of leave within the HSMP category; and

b) are already in the UK within one of the following categories:
• a work permit holder;
• a student who has successfully obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance;
• a postgraduate doctor or dentist;
• a working holidaymaker;
• a participant on the Science and Engineering Graduate Scheme or the International Graduate Scheme;
• an innovator;
• a participant on the Fresh Talent: Working in Scotland scheme.


hope this helps and clear things up

markie

[Docterror]

could she be able to apply for HSMP from the UK & if it is granted, then apply for a new visa from her country later on?

I think clears up your thoughts. Yes, she can get her HSMP approval and then head over to her country and get the EC from there. Also, you should be able to switch on to her visa in-country after that onto HSMP dependant without having to leave.

[IMMIGRATION LAWYER]

A main Work Permit holder can switch into HSMP in-country. A dependent CANNOT. That is, a dependent cannot become a main HSMP applicant in-country.