Switch VISA Application- From Spouse WP to Individual WP

yipee · Post by **yipee** » Tue Sep 25, 2007 9:10 pm

Hello Friends,

I'm on a WP here in the UK and my wife is on a dependent WP working for same Indian MNC . Now my wife wants to file an application for an individual WP while in UK.

I understand to switch from dependent WP to individual WP you need to go back to your home country, get it stamped and then re-enter the UK but can you not start application filing etc when in UK? Once it gets approved, you can travel back, get your VISA stamped and re-enter (which roughly takes a week to 10 days). Else it will take 1 month approx to file an application, get it approved and then stamping etc.

But VISA dept. of my company says they can't initiate any VISA process while she is in UK. I was arguing that you can start applying and once we get an approval she can go back and re-enter with new VISA but he refused saying this is not as per UK VISA policy.

It was not that convincing for me. Was he right in saying that? If no, then please can someone give any link etc which I can use to go back to them as an evidence?

Any help will be highly appreciated.

SYH · Post by **SYH** » Tue Sep 25, 2007 9:37 pm

If you use the search function, you will see that there are conflicting information regarding whether it is possible or not

However what I have gleamed from a cursory reading is that why would your wife want to switch from dependant to an individual one since she has freedom to work for whomever she wants with the dependant one while the independent would restrict her to one employer. Second, the possible issues with whether she can switch and the hardship of having to return to the country of origin for ec.

cherio

yipee · Post by **yipee** » Tue Sep 25, 2007 9:54 pm

SYH- Thanks for your reply.

That's what the issue is - I could not find convincing information if that's possible or not.

Answering your question- My VISA in expiring soon and if she can get her individual VISA done, I can get my WP switched.

Thanks

SYH · Post by **SYH** » Tue Sep 25, 2007 9:55 pm

yipee wrote:SYH- Thanks for your reply.

That's what the issue is - I could not find convincing information if that's possible or not.

Answering your question- My VISA in expiring soon and if she can get her individual VISA done, I can get my WP switched.

Thanks

why dont you apply for hsmp or find another sponsor

yipee · Post by **yipee** » Tue Sep 25, 2007 9:58 pm

HSMP- "allowances" in the UK do not let you qualify. Another sponsor- is ofocuse a good thought and can be explored once all other options are exhausted.

Thanks

Docterror · Post by **Docterror** » Tue Sep 25, 2007 10:31 pm

What exactly do you mean by-

But VISA dept. of my company says they can't initiate any VISA process while she is in UK.

?

Do you mean that they said that they cannot apply for any work permit(WP) while she is in the UK? If so, it is total rubbish. This board is riddled with examples of WP applications and extensions being made while the person in question is in UK.

If they have gotten your wife the WP, then there is nothing they can do whether your wife be in the country or not.

yipee · Post by **yipee** » Wed Sep 26, 2007 11:08 am

Hello Docterror- thanks for your response.

What my company says is they can not start - file WP application while she is here on dependent WP. She will have to go back to India to "initiate" the process. This sound rubbish to me as well. I've been agruing with them, that she can "atleast" initiate the process from here, and can travel back for EC once WP is approved. This will save 2 weeks of time.

They are refusing! Is there any link/document etc that I can use to support my sayings?

SYH · Post by **SYH** » Wed Sep 26, 2007 11:10 am

How is it that they can't extend your visa and now want to sponsor your wife and not you?

VictoriaS · Post by **VictoriaS** » Wed Sep 26, 2007 3:36 pm

You can beging the process while she is in the UK, as long as it is made clear that it is an 'out of country' application and that she will return home for entry clearance.

But I agree, this may not be the best idea. Your ILR clock will go back to zero if you switch to dependent. Also, UK allowances will count for HSMP if they are detailed in a pay slip.

Victoria

jes2jes · Post by **jes2jes** » Wed Sep 26, 2007 3:52 pm

VictoriaS wrote:You can beging the process while she is in the UK, as long as it is made clear that it is an 'out of country' application and that she will return home for entry clearance.

But I agree, this may not be the best idea. Your ILR clock will go back to zero if you switch to dependent. Also, UK allowances will count for HSMP if they are detailed in a pay slip.

Victoria

I guess the OP meant the salary is low and does not meet the threshold!

Docterror · Post by **Docterror** » Wed Sep 26, 2007 5:47 pm

yipee, I too agree with the above advice given against your current plans. Best for you to complete the 5 years rather than get your wife a new WP and resetting the clock.

But getting back to your employers take a printout of point 82 of these instructions by the HO and....

yipee · Post by **yipee** » Sat Sep 29, 2007 9:25 pm

I staying here and on a WP depends on my project and my employer as well. So trying to find out what works well.

However, I would like to that you each one of you for all you help and support. I will got through the document and see if that helps.

Thanks

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Switch VISA Application- From Spouse WP to Individual WP

Switch VISA Application- From Spouse WP to Individual WP