Tier 1 Visas (HSMP)

chokshimitesh · Post by **chokshimitesh** » Mon May 12, 2008 6:53 pm

Hi,

I am student Dependant in this country, can i apply for tier 1 visas while I am in United Kingdom. I have studied MBA in UK and than when my studies finishes, I switch to Student Dependant on my fiancee visas. So that I can work full-time. Now law has changed and I dont know what to do.

Everytime I get different advice so I am confuse.

Can anyone help me with this.........

Post by **geriatrix** » Mon May 12, 2008 7:28 pm

If you are in UK, then it is only the Tier 1 scheme that you can apply for.

If you are on a student visa and are either currently studying full-time or have completed a educational program in the last 12 months, then you can apply for Tier 1 and switch to Tier 1 visa from within the UK itself.

Not sure, though, whether you can apply for Tier 1 and switch to Tier 1 as a dependent from within UK. In the HSMP days (dependents could apply for HSMP approval from within UK but then had to travel to their home country to apply for Entry Clearance (visa). This was so 'coz HSMP is a two step process - first approval and then visa (to enter or remain). But Tier 1 is a single step process and given the fact that dependents are not allowed to "switch" visa status from within UK, I suggest you check with BIA directly.

regards

autocrazy · Post by **autocrazy** » Tue May 13, 2008 7:59 pm

Hi

I am intending to apply for Tier 1 visa by the end of this week. I am currently on a Student Dependant visa, but now qualify with 75 points.

If someone has been through this process or intending to apply with a case similar to mine, kindly PM me.

I too am unclear on how my application will be considered. Will they stamp me a visa? Or ask me to go back for entry clearance.

I am also hoping to make my wife (currently on student visa) my dependant on Tier 1 and her form is even more confusing - wherin it states she can apply only if she has or is a on a dependant visa of the main application. I don't think BIA has considered the possibility of my type of case yet!!!

Any guidance will be so much appreciated

hsmpinuk70 · Post by **hsmpinuk70** » Wed May 14, 2008 1:03 am

The Tier 1 dependent form is meant for only those who are currently in UK as a dependent of a primary visa holder and want to switch to Tier 1 dependent status. This said, a dependent in any other category can switch to Tier 1 dependent status only when the primary visa holder is applying for / has already converted to Tier 1.

regards

autocrazy · Post by **autocrazy** » Wed May 14, 2008 8:29 am

hsmpinuk70 wrote:The Tier 1 dependent form is meant for only those who are currently in UK as a dependent of a primary visa holder and want to switch to Tier 1 dependent status. This said, a dependent in any other category can switch to Tier 1 dependent status only when the primary visa holder is applying for / has already converted to Tier 1.

regards

So then how to do I apply for my wife's Tier 1 dependant visa? As she is currently on Student Visa. In the past she has been on a student and SEGS dependant visa, but currently she is on a student visa, where I am her dependant.

Post by **geriatrix** » Wed May 14, 2008 3:08 pm

Since there is no clarity on the issue - either on the website or in the guidance notes - the best place to check is BIA itself.

Call them or better email them (you will have written confirmation) explaining your predicament and see what they have to say.

regards

autocrazy · Post by **autocrazy** » Wed May 14, 2008 6:14 pm

sushdmehta wrote:Since there is no clarity on the issue - either on the website or in the guidance notes - the best place to check is BIA itself.

Call them or better email them (you will have written confirmation) explaining your predicament and see what they have to say.

regards

Hi thanks for the suggestion. I have already e-mailed them, but am still awaiting a reply. Meanwhile I thought any one else who is going through a similar dilemma as mine, may be able to throw more light on the matter.

I really hope someone can provide this answer!!!!

WoodieG · Post by **WoodieG** » Thu May 15, 2008 7:48 am

Neither of you can switch, you'll both have to leave the UK and get Entry Clearance.
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FREE VAPORIZER

hsmpinuk70 · Post by **hsmpinuk70** » Thu May 15, 2008 12:06 pm

http://www.bia.homeoffice.gov.uk/workin ... switching/
Dependants may not switch into any points-based system tier in their own right. If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance.

Knowing HO, I guess this covers all "dependent" visa categories and not just Tier 1 dependents. My suggestion would still be that you write to HO directly and get a clear response from them.

regards

autocrazy · Post by **autocrazy** » Thu May 15, 2008 4:16 pm

WoodieG wrote:Neither of you can switch, you'll both have to leave the UK and get Entry Clearance.

While that is more or less clear to me, that I will have to return to my home country for EC, what I cannot understand is that in Tier 1 (unlike HSMP) they directly stamp visa on your passport rather than providing a letter, so in my case what can I expect?

The most important question is still - Can I and my wife apply for Tier 1, irrespective of whether I have to return for EC to my home country. If I qualify will they grant me a Tier 1 visa and my wife a dependant visa?

I have e-mailed BIA, but also tried ringing them, without getting any response through either means!

autocrazy · Post by **autocrazy** » Thu May 15, 2008 4:21 pm

hsmpinuk70 wrote:http://www.bia.homeoffice.gov.uk/workin ... switching/
Dependants may not switch into any points-based system tier in their own right. If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance.

Knowing HO, I guess this covers all "dependent" visa categories and not just Tier 1 dependents. My suggestion would still be that you write to HO directly and get a clear response from them.

regards

But if I am applying for Tier 1 visa, can I not put in my wife as my dependant on this visa?

Post by **geriatrix** » Thu May 15, 2008 5:00 pm

autocrazy wrote:While that is more or less clear to me, that I will have to return to my home country for EC, what I cannot understand is that in Tier 1 (unlike HSMP) they directly stamp visa on your passport rather than providing a letter, so in my case what can I expect?
To apply for Tier 1 from your home country.

The most important question is still - Can I and my wife apply for Tier 1, irrespective of whether I have to return for EC to my home country. If I qualify will they grant me a Tier 1 visa and my wife a dependant visa?
Your partner can apply for Tier 1 scheme from within UK (if she is on a student visa and fulfills the necessary criteria). Once she gets the Tier 1 visa, you can then apply for Tier 1 dependent visa from your home country.
On the other hand and most likely, you cannot apply for Tier 1 visa from within UK. You will have to apply from your home country. This done, your wife can then apply for Tier 1 dependent visa, but again from your home country.

But if I am applying for Tier 1 visa, can I not put in my wife as my dependant on this visa?
As above, based on the limited information available on BIA website, you might not be allowed to apply for Tier 1 from within UK. As for your wife, she cannot switch to dependent visa (within any category) from within UK.

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