Switching from WHM visa to HSMP dependant??

[hsmpLTOWN]

I have just received my initial HSMP and had my FLR approved. In April I need apply to HO for my fiancé to become a dependant on my visa. He is currently working in the UK as a Working Holiday Maker.

Can he switch in country to dependant status? Or would he need to do it from home (India)?

Need some advice, can't find anything anywhere.

[vinny]

He may be considered as your dependant if he qualifies as an unmarried partner (13.14) or is married to you.

I believe that he would have to return home and apply for entry clearance (295J(ix) or 196A(v)).

2.2. Switching

Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.

See also Partner applying for unmarried partner visa on HSMP - Help!

[hsmpLTOWN]

Thanks Vinny. We are planning to marry in India in April so we can apply from there I suppose with the marriage certificate and all the other evidence.

Many thanks again.

[vinny]

See also 13.10 - Validity of marriages