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SBS work permit to Spouse dependant of a student

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teenwitch
Newly Registered
Posts: 3
Joined: Wed Jan 23, 2008 1:04 pm
Location: UK - Manchester

SBS work permit to Spouse dependant of a student

Post by teenwitch » Wed Jan 23, 2008 1:24 pm

Hi all,
I hope you can help me solve my problem.
I am currently in the uk holding a Sectors Based Work permit which expires on march this year. I came to the uk in september 07 with my fiance who is on a student visa which expires in july 2009.
The problem is that i haven't been working at the place my work permit is valid for. The reason being that the place has been taken over by new management (this was 2 years back) and secondly, my fiance at that time wanted me to stay with him in manchester. So basically you could say that i just used this work permit to enter the country and be with my fiance.
On dec we both travelled back to our home (nairobi, kenya) and we got married.
I have re-entered the country with the same work permit status and now i would like to switch to 'dependent of a student' (spouse) visa.
I don't know how to go about this application.
I should also mention that i spoke to the new owner of the place and told him of my intentions of switching my visa. I told him that there was a chance that the home office will contact him to find out if i was working there and he has agreed to mention that i was working there but not any more. (since i have a time period of 28 days)
The following are my questions:
a) Can I switch my visa being in the uk?
b) Which forms do i have to fill?
c) Do you think there's a chance that the HO will ask me about my current job? I mean i will say that i was working but im no longer employed with them because i got married and my husband would like me to be with him in manchester as opposed to london.
d) Do you think that the HO will want any proof showing that i was working?
e) what other questions and documents do you think the HO will require?

I will really appreciate it if you could help me with this. I know it was wrong for me to enter the country holding a WP but with no in tention of working but now i would like to set everything right and start my new married life.

Thank you
teenwitch

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Jan 23, 2008 2:43 pm

You must be one of the last non-EEA nationals to be granted a SBS workpermit, as I understand they were only for a one-year period, and were closed to new non-EEA applicants from 1st January 2007 - from then on they've been reserved for the "A2" nationals, Romania and Bulgaria.
You couldn't switch to a work permit category, but I can't see anything that prevents you from applying as a student dependant, providing you meet all the requirements. It should be your ability to meet those requirements on which you focus, rather than your history under the SBS scheme.

teenwitch
Newly Registered
Posts: 3
Joined: Wed Jan 23, 2008 1:04 pm
Location: UK - Manchester

Post by teenwitch » Wed Jan 23, 2008 2:55 pm

Mr. Rusty,
Thank you for your quick response. Yes you are right, I was one of the last ppl to get my entry clearance as an sbs work permit holder.
I understand what you are saying. Although Im still not sure as to how to go about the application. Which form am i to fill? What are the requirements?
I'll appreciate some guidance on this.....
teenwitch

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Jan 23, 2008 9:48 pm

Do you think there's a chance that the HO will ask me about my current job? There is a chance

Do you think that the HO will want any proof showing that i was working. Yes, you have to show that you can support yourself/be supported to get the student dependent visa. This is also known as maintenance, and your spouse should not be working full time

I should also mention that i spoke to the new owner of the place and told him of my intentions of switching my visa. I told him that there was a chance that the home office will contact him to find out if i was working there and he has agreed to mention that i was working there but not any more. (since i have a time period of 28 days) Why get them involved by lying for you? They could get into trouble.

(since i have a time period of 28 days) You do not, because you did not start the job.

Have a look at the website for the correct form: www.bia.homeoffice.gov.uk

Regards

teenwitch
Newly Registered
Posts: 3
Joined: Wed Jan 23, 2008 1:04 pm
Location: UK - Manchester

Post by teenwitch » Thu Jan 24, 2008 10:04 am

Thank you paper pusher.

I know that its wise for me not to lie to the HO but what else can i say to them???? If i didn't have a job, what have i been doing here for the past 4 months holding a work permit???
And i cannot say that i found out my job was not available after i came to the uk because i knew that my job wasn't available before traveling. And if i said this, the company could get into trouble ....
I have to find a way out....

As for my maintenance, My spouse only works for 20hrs a week and my sister in law(who is a Brit. citizen) is willing to support me and provide a letter and her monthly statements to support my application.

The form that i have downloaded from the website is form FLR(O). Is this the correct form?

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