Dependant Visa to HSMP VIsa

[apekshad]

Hi,

I came to UK from India in Feb 2008.

I am currently in UK on dependant visa. I am here as a dependant on my husband who has Work Permit for UK.

My husband has been working here since 3 yrs & is planning to apply for student visa next year. Currently I am working in a UK based company since past 3 months.

I was planning to apply for HSMP visa after a year when my husband applies for his student visa , but I realized that in the HSMP calculator it says that I am not eligible to apply for HSMP visa if I am currently on dependant visa.

Is that right ? Is there any way around?

Please advice. Thanks

[vinny]

Why doesn't he continue working on his work permit for a total of 5 years and then apply for settlement?

[geriatrix]

Is that right ? Is there any way around?

Since you are on a dependent visa, you cannot apply for Tier 1 from within the UK. But you can apply for Tier 1 in India and return to UK on a Tier 1 visa (subject to approval). See Switching in to the points-based system

regards

[apekshad]

Hi...

Thanks for your promt reply.

I have 2 more questions:

1) If I think about going back to India & applying for HSMP visap, I'll have to seek an employment there first , earn the required amount of salary & only then be able to qualify for HSMP. Isnt that correct?

2) If I ask my current UK based employer to apply for my UK work permit visa , will that then make me eligible to later apply for HSMP? What types of visa can my current UK employer apply for on behalf of me so that later on I can move to an HSMP visa .

Thanks in advance.

[rajesh9pl]

1. As it has been already said, you need to return back to India to apply HSMP. Use Point Based Calculator (PBS) to check if you can qualify.

2. If you have Sponsored skilled workers WP then you can easily switch back to Tier1.

[geriatrix]

First things first, there is no HSMP anymore. It's Tier 1 now.

1) If I think about going back to India & applying for HSMP visap, I'll have to seek an employment there first , earn the required amount of salary & only then be able to qualify for HSMP. Isnt that correct?

No!. You can apply on basis of your employment and earnings in UK. Read the Tier 1 policy guidance for details.

2) If I ask my current UK based employer to apply for my UK work permit visa , will that then make me eligible to later apply for HSMP? What types of visa can my current UK employer apply for on behalf of me so that later on I can move to an HSMP visa.

Employer sponsors a WP application, and upon approval, the applicant needs to apply for EC / LTR. Since you are a on a dependent visa, I believe you'll have to return to your home country and apply for EC. See Switching into work permit employment

regards