In-Country vs Out application + Switching

[ngosa]

Hi,

Hope some light can be shed on my situation. Alternatively please share your experience if you have gone thru' a similar episode.

I am a dependant(spouse ) of a Tier 1 PSW holder and our LTR expires in 9 months by which time I plan to apply as the principal applicant. I would like to know the following please ?

1. What option have I got to switch from Tier1 PSW dependant to Tier 1 Highly skilled principal applicant in-country ? It doesn't seem to be clear if this is within the rules/conditions stated on http://www.ukba.homeoffice.gov.uk/worki ... switching/

2. In the very likely event that I go abroad in 3-4 months time. For medical reasons and flight regulation rules my wife (current principal Tier 1 PSW holder ) can not travel with me until a much later date long after her LTR is expired. In my application abroad , do I have to show dependant proof of maintenance for her as if she was overseas with me despite her being in the UK at the time or does the in-country condition apply ?

3. Can she apply in-country in another category, independent from me at the same time I apply for Tier 1 abroad and include her as a dependant ?

4. Should the Tier 1 cap limit catch me while abroad, I may need to wait until the following month (leave days probably run out by then ..but fingers crossed). Can people who have gone thru' this route before share what their experience has been..how long did you have to wait since the cap introduction in July this year ?

By the way, I will be applying from South Africa (cpuntry of origin ) if need be.


regards,

Ngozi.

[geriatrix]

1. What option have I got to switch from Tier1 PSW dependant to Tier 1 Highly skilled principal applicant in-country ?

None. The change must be made from outside the UK. Note absence of "dependant" in the list (that you provided the the link for).

2. In the very likely event that I go abroad in 3-4 months time. For medical reasons and flight regulation rules my wife (current principal Tier 1 PSW holder ) can not travel with me until a much later date long after her LTR is expired.

Are you saying that your spouse will continue to remain in the UK even beyond the date her current leave is due to expire, without making an application to extend her stay in the UK (e.g. - Tier 1 (General)?

In my application abroad , do I have to show dependant proof of maintenance for her as if she was overseas with me despite her being in the UK at the time or does the in-country condition apply ?

If you apply for self (only), then you will not be required to provide evidence of maintenance funds for (any) dependant(s). If you apply for dependant(s) at the same time, you'll need to provide evidence of maintenance funds for everyone (self + dependant). Since you'll be applying from outside the UK you'll need to provide evidence of adequate maintenance funds meant for "outside the UK" applicants.

3. Can she apply in-country in another category, independent from me at the same time I apply for Tier 1 abroad and include her as a dependant ?

She cannot have her passport at two places at the same time. So, either she applies for Tier 1 (General) from within the UK or apply for EC as Tier 1 (PSW) dependent from outside the UK.

4. Should the Tier 1 cap limit catch me while abroad, I may need to wait until the following month (leave days probably run out by then ..but fingers crossed). Can people who have gone thru' this route before share what their experience has been..how long did you have to wait since the cap introduction in July this year ?

Processing times differ depending on where the application is submitted. See Guide to visa processing times for statistical information.



regards