From SEGS dependent to Student Visa

[autocrazy]

Hello

I am currently on a SEGS visa and working as a Trainee Engineer (I completed my MSc. last year) and my wife is a dependent on my visa. My wife has now suceesfully got a scholarship (fees+manitenance allowance) to study PhD at University in UK.

Now my company is willing to take me as an engineer (Full time and well paid!). During my current year I do not earn enough to qualify for HSMP.

Can someone please guide me if the below is possible

1. My wife's to change her visa status from a SEGS dependent to a Student
2. Change my status from SEGS to a student dependent visa?

If the above is possible and a straightforward process or am I missing something?

Regards

Autocrazy

[jes2jes]

Hello

I am currently on a SEGS visa and working as a Trainee Engineer (I completed my MSc. last year) and my wife is a dependent on my visa. My wife has now suceesfully got a scholarship (fees+manitenance allowance) to study PhD at University in UK.

Now my company is willing to take me as an engineer (Full time and well paid!). During my current year I do not earn enough to qualify for HSMP.

Can someone please guide me if the below is possible

1. My wife's to change her visa status from a SEGS dependent to a Student
2. Change my status from SEGS to a student dependent visa?

If the above is possible and a straightforward process or am I missing something?

Regards

Autocrazy

1. Your wife can change her status to SV but she would have to leave the UK since she cannot switch unless of course she had held a student visa before and this is tolerated under the rules.

2. You can change your status from SEGS to Student dependant but bear in mind that you can only do this with a valid LTR. So, I am thinking, if your wife leaves to her country of birth to switch, both of you have to apply. You can get away by switching when she comes back but it is a slim chance you may get a CW who does not know the rules that much although they make mistakes sometimes

[autocrazy]

1. Your wife can change her status to SV but she would have to leave the UK since she cannot switch unless of course she had held a student visa before and this is tolerated under the rules.

2. You can change your status from SEGS to Student dependant but bear in mind that you can only do this with a valid LTR. So, I am thinking, if your wife leaves to her country of birth to switch, both of you have to apply. You can get away by switching when she comes back but it is a slim chance you may get a CW who does not know the rules that much although they make mistakes sometimes

Hello Jes2jes

Thanks for your reply. I do intend to go to India with my wife and we shall be applying together. I hope there are no problems and questions raised about my employment.


This year I shall get a pay raise, which will enable me to qualify for HSMP in one years time, would you know if my one year of SEGS plus one year as a student dependent shall be counted as having lived for 2 years in the UK, or will I have to go through the 5 year criteria all over again? Would my wife be able to switch to HSMP along with me?

Thanks for your help.

Regards

Autocrazy

[Docterror]

The 2 years on the student visa and the SEGS will be counted for the long residence application which can be made after a legal residence of 10 years, but unfortunately will not count towards the 5 years to be spend in the WP category or the HSMP. The other problem is, I do not think that you will be able to switch from the student dependant visa to the HSMP in-country!

To answer the other question, your wife should be able to switch to the HSMP from the student visa without having to leave the UK provided she also qualifies for it.

[autocrazy]

The 2 years on the student visa and the SEGS will be counted for the long residence application which can be made after a legal residence of 10 years, but unfortunately will not count towards the 5 years to be spend in the WP category or the HSMP. The other problem is, I do not think that you will be able to switch from the student dependant visa to the HSMP in-country!

To answer the other question, your wife should be able to switch to the HSMP from the student visa without having to leave the UK provided she also qualifies for it.

Hi thanks for the advice, however as for converting to HSMP from student dependent visa, I found this other thread where someone has actually done it after being 6 months as a student dependent.

http://www.immigrationboards.com/viewto ... 682123833b

I reckon it must be possible then? Is there a website you can provide where I can read a rule regarding this. Your help will be much appreciated.

[Docterror]

autocrazy, That thread had me confused as well and was the basis for the wrong info given by me in this thread, http://www.immigrationboards.com/viewto ... ht=#107839 ,in the beginning. It was only after that I did find out that dependants are NOT allowed to switch in-country to HSMP. Infact, as the links in that thread shows, it is one of the reasons for rejection of such application. There is also the possibilty that the OP in that thread did switch before the 'no-switching' came into effect.

But even if that is not the case, the HO is known to make such blunders, some of them even worse, and if you think you can afford the shot, you may try. Don't be surprised whatever be the result, whether it be being allowed to switch or being asked to head back and make the application from your original country of residence.

[autocrazy]

autocrazy, That thread had me confused as well and was the basis for the wrong info given by me in this thread, http://www.immigrationboards.com/viewto ... ht=#107839 ,in the beginning. It was only after that I did find out that dependants are NOT allowed to switch in-country to HSMP. Infact, as the links in that thread shows, it is one of the reasons for rejection of such application. There is also the possibilty that the OP in that thread did switch before the 'no-switching' came into effect.

But even if that is not the case, the HO is known to make such blunders, some of them even worse, and if you think you can afford the shot, you may try. Don't be surprised whatever be the result, whether it be being allowed to switch or being asked to head back and make the application from your original country of residence.

Please help me unwind my problem!!!

1. I entered UK as a student in Sept 2005 and completed my MSc. I switched to SEGS in Jan 2007, valid until Jan 2008. I am employed as a trainee engineer since Nov 2006, with a pay of £ 14k p.a. However the company also provides me accomodation and this is declared on my P11D as £ 8400 p.a. Thus the total should read - £ 22,400. This will comfortably make me eligible for HSMP, however as far as I know the HO asks for salary slips as proof and if that is the case it will only read £ 14k. Do I have a case? Can I argue I am actually paid £ 22400 inclusive of benefits?

2. My wife managed to get a PhD while she was my SEGS dependent, this makes her eligible for a Student Visa possibly until 2011. As my visa expires Jan 2008, I thought it is best to switch my visa from SEGS to being her dependent. However if I am eligible for HSMP (as asked in point 1), I would prefer it over a student dependent visa.

3. If I am not eligible for HSMP, I would become a student dependent and next year (with an increased pay) I would want to apply for HSMP. But as stated in previous posts, I cannot apply from student dependent to HSMP in UK. Which means (correct me, if I am wrong) I shall have to go back to India and apply, if that is the case, I have two questions (a) How long is the processing time for HSMP from India (as I shall be employed in UK and in best case can manage about 20 days leave!) (b) Can I switch to any other visa (Work Holiday Maker?) so that at the end of it I can be eligible for HSMP.

Guidance will be much appreciated on the above. Sorry for being long, but I had to explain my current situation.

[Docterror]

Using your own numbering to answer-

1) That question is best posted in the HSMP forum. I and HSMP go hand-in-hand like water and oil.

2) If eligible, HSMP is the more "stable" route as it atleast gives you the hope of ILR at the end of 5 years. Also provided the government only moderately goes back on it's word, your wife will also be able to obtain ILR with you which is not quite so easy on the student route.

3) If you do get your HSMP approval, whether it be this year or the next, you might have to go to India to switch. But, as I mentioned before, you could also make a postal application, if you can afford it, you can act coy and try your luck with an in-country application as well. If refused, your dependant visa will still be subsisting till 2010 in line with your wife's visa and so you will not have to leave in the 28 days since refusal.

Alternatively, if you do have to make the application in India, contact the BHC you will be making the application with via email and explain the lack of leave situation and ask how long the application will take if all the papers are in order. No one here will know categorically how long it will take for such applications in India and that too in 1 years time! Also see if they have an online visa services so that your case can be decided faster.

[autocrazy]

Thanks for the help and guidance. I have now posted these questions on HSMP board.

However I am thankful to DocTerror and Jes2Jes for clarifying the option of being a student dependent and that it should be a straight forward, once me and my wife visit India and apply from there.