Switching to Tier 1 Dependant Visa with in UK now possible!?

[pmnagendra123]

Hi Folks,

I am on a Tier 1 PSW visa and I am planning to Switch my Visa to a Tier 1 General Dependant as my wife is presently on Tier 1 General. I know that such a switch is not possible with in UK until I came up with Mark Harper's announcement on 6 Sep 2013-

https://www.gov.uk/government/speeches/ ... n-rules--5

He states in the last second para -

I am making changes to the rules for dependants in the Points Based System and other work routes, following the High Court judgment in R (on the application of Zhang) v Secretary of State for the Home Department. The changes will allow dependants to apply from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements

.

I also went through Mrs Zhang case -

http://www.bailii.org/ew/cases/EWHC/Admin/2013/891.html

And hence the announcement from Mark Harper. I suppose these rules will come into effect from 1 October 2013.

http://www.ukba.homeoffice.gov.uk/sitec ... r/08-rules

Any one else working on this?
Any senior advisor's out there who can suggest me how to go about my switching application?

Your ideas are welcome.

[vrindasood]

Hi Nagendra,

I am in a similar boat but not clear if this change will come from Oct 1st. My husband's visa is due for renewal on 21st oct 2013 and hence he needs to apply by 21st september but we are not sure if I can apply with him to switch from PSW to Tier 1 general dependent from inside the UK.

A lawyer told me that sometime the visa processing officers don't consider High court judgement until the official change in the immigration law is announced.

Do you have any more information about it ?

Thanks

[pmnagendra123]

Hi Nagendra,

I am in a similar boat but not clear if this change will come from Oct 1st. My husband's visa is due for renewal on 21st oct 2013 and hence he needs to apply by 21st september but we are not sure if I can apply with him to switch from PSW to Tier 1 general dependent from inside the UK.

A lawyer told me that sometime the visa processing officers don't consider High court judgement until the official change in the immigration law is announced.

Do you have any more information about it ?

Thanks

Hi Vrinda,

Yes it's not clear at the moment but as UKBA site says there are changes which apply from 1 OCT 2013,

Today, Friday 6 September 2013, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules.

The changes, which come into effect on 1 October 2013, will mean greater flexibility for businesses and workers and include:

I think we will be just eligible. As your husbands visa expires in October it is better to wait for the rules to change and you can apply with him too.

Thanks[/quote]

[vrindasood]

Thanks for a quick reply. I think it is best to wait till 1st Oct then!
Please do keep me posted about the changes and their implication for us. I'll do the same.

Thanks again.

[pmnagendra123]

Thanks for a quick reply. I think it is best to wait till 1st Oct then!
Please do keep me posted about the changes and their implication for us. I'll do the same.

Thanks again.

Hi Vrinda,

Further to my case study, I've learnt that Dependants can definitely apply for a visa switch with in the country and it is believed that this rule will come into effect from 1 October 2013.

Changes relating to dependants in the Points-Based System and other work routes
7.21 The judgment of the High Court in R (on the application of Zhang) v Secretary of State for the Home Department related to the ability of migrants in the UK in other immigration categories to switch into the status of a Points-Based System dependant. The judgment did not strike down the existing Rule but set a legal precedent which it predicted would cause difficulties in enforcing the Rule in future.
7.22 The present requirement (that only those who entered the UK as dependants can apply in-country as dependants) is therefore being amended to bring it more in line with the changes to the Rules for family members of British citizens and settled persons set out in HC 194 (laid before Parliament on 13 June 2012). The changes will mean that applicants can apply in-country as a dependant, providing they are not an illegal entrant, or were last granted as a visitor, temporary admission or temporary release. This also entails adding a definition of “visitor” to the Immigration Rules.
7.23 The present restrictions on switching the other way around, from dependant to being a main applicant in a person’s own right, will remain. This will continue to prevent main applicants and their dependants from continually swapping statuses in order to prolong their stay in the UK, which would undermine other restrictions such as those on maximum length of stay in certain immigration categories.

This was officially laid in the document that was laid in the parliament, accepted and now on UKBA site

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


It's some relief for all those out there planning to switch into a dependant visa of their partners with in the country.

This rule restricts people swapping main applicant and dependant category at their will.

So it's good news in our case.

Cheers

[O_Relly]

Thanks for a quick reply. I think it is best to wait till 1st Oct then!
Please do keep me posted about the changes and their implication for us. I'll do the same.

Thanks again.

Hi Vrinda,

Further to my case study, I've learnt that Dependants can definitely apply for a visa switch with in the country and it is believed that this rule will come into effect from 1 October 2013.

Changes relating to dependants in the Points-Based System and other work routes
7.21 The judgment of the High Court in R (on the application of Zhang) v Secretary of State for the Home Department related to the ability of migrants in the UK in other immigration categories to switch into the status of a Points-Based System dependant. The judgment did not strike down the existing Rule but set a legal precedent which it predicted would cause difficulties in enforcing the Rule in future.
7.22 The present requirement (that only those who entered the UK as dependants can apply in-country as dependants) is therefore being amended to bring it more in line with the changes to the Rules for family members of British citizens and settled persons set out in HC 194 (laid before Parliament on 13 June 2012). The changes will mean that applicants can apply in-country as a dependant, providing they are not an illegal entrant, or were last granted as a visitor, temporary admission or temporary release. This also entails adding a definition of “visitor” to the Immigration Rules.
7.23 The present restrictions on switching the other way around, from dependant to being a main applicant in a person’s own right, will remain. This will continue to prevent main applicants and their dependants from continually swapping statuses in order to prolong their stay in the UK, which would undermine other restrictions such as those on maximum length of stay in certain immigration categories.

This was officially laid in the document that was laid in the parliament, accepted and now on UKBA site

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


It's some relief for all those out there planning to switch into a dependant visa of their partners with in the country.

This rule restricts people swapping main applicant and dependant category at their will.

So it's good news in our case.

Cheers

Don't quite understand 7.23...

The present restrictions on switching the other way around, from dependant to being a main applicant in a person’s own right, will remain. This will continue to prevent main applicants and their dependants from continually swapping statuses in order to prolong their stay in the UK,

How is it possible for a dependant to switch to become a main applicant? How can they swap statuses?

[pmnagendra123]

Hi,

I can give an example where people could misuse the system, lets say the main applicant is on Tier 2 General and their partner on Tier 2 Dependant visas respectively. Now, if there is a scare that the main applicant will soon loose the job, what the couple could do is send the dependant to a Tier 4 student (main apllicant) so the main applicant on Tier 2 can switch into Tier 4 dependant and look for work as they can work full time. So, 7.23 will not allow people to misuse the rule.

Hope it made sense.

Cheers

[O_Relly]

Hi,

I can give an example where people could misuse the system, lets say the main applicant is on Tier 2 General and their partner on Tier 2 Dependant visas respectively. Now, if there is a scare that the main applicant will soon loose the job, what the couple could do is send the dependant to a Tier 4 student (main apllicant) so the main applicant on Tier 2 can switch into Tier 4 dependant and look for work as they can work full time. So, 7.23 will not allow people to misuse the rule.

Hope it made sense.

Cheers

Hmm, that makes sense now. Thanks for clarifying. Cheers.

[pmnagendra123]

Hi Guys,

Adding to the above. The rule is now clear -

Present Rule -

319C(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:

(i) as the Partner of a Relevant Points Based System Migrant,

(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or

(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).

After 1 October 2013

131. Delete paragraph 319C(h) and substitute:
“(h) An applicant who is applying for leave to remain must not have last been
granted:
(i) entry clearance or leave as a visitor, unless the Relevant Points Based
System Migrant has, or is being granted, leave to remain as a Tier 5
(Temporary Worker) Migrant in the creative and sporting subcategory
on the basis of having met the requirement at paragraph 245ZQ(b)(ii);
(ii) temporary admission; or
(iii) temporary release.”

Paragraph 131 is among the other changes in the document here -

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Therefore, the changes set out in paragraph 131 shall take effect from 1 October 2013.

Good Day and Wait for these changes to reflect on sections of UKBA site soon.

[elko1983]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

[pmnagendra123]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Hi elko1983. Yes this rule applies to all PBS Dependants..

[elko1983]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Hi elko1983. Yes this rule applies to all PBS Dependants..

Hi,

Unfort, Work permit visa is the old one and is not PBS

[pmnagendra123]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Hi elko1983. Yes this rule applies to all PBS Dependants..

Hi,

Unfort, Work permit visa is the old one and is not PBS

Im not sure....Im guessing it should apply to all the dependants as Tier 2 category is previously a work permit visa category. I assume it should apply however, it is better to consult a solicitor.

[elko1983]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Hi elko1983. Yes this rule applies to all PBS Dependants..

Hi,

Unfort, Work permit visa is the old one and is not PBS

Im not sure....Im guessing it should apply to all the dependants as Tier 2 category is previously a work permit visa category. I assume it should apply however, it is better to consult a solicitor.

Thank you for advice!
Any ideas how the application process will look like? Should it be the same as from outside? Longer/faster?

[elko1983]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Hi elko1983. Yes this rule applies to all PBS Dependants..

Hi,

Unfort, Work permit visa is the old one and is not PBS

Im not sure....Im guessing it should apply to all the dependants as Tier 2 category is previously a work permit visa category. I assume it should apply however, it is better to consult a solicitor.

Thank you for advice!
Any ideas how the application process will look like? Should it be the same as from outside? Longer/faster?

[pmnagendra123]

It should be quite normal as any other application when applying inside UK.

[vinny]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Yes.

[pmnagendra123]

Do you know if this rule applies to the dependents of the WP (work permit) visa holders?

Yes.

Hi Vinny, Any idea when we can see New Forms and Guidance for dependants? As these rules will be in effect from 1 Oct 2013?

[vinny]

Probably on 1st Oct 2013.

[pmnagendra123]

Probably on 1st Oct 2013.

Thanks Vinny

[pmnagendra123]

Hi every one,

The wait is over. Today Home office uploaded new forms and Guidance for PBS Dependants of Tier 1,2 and 5 Categories. It means applicants can switch with in the country as Dependants of Tier 1,2,5 from all other categories if they are not here as a visitor, temporary admission or release.

You can see the forms and Guidance -

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf

Please refer to Para 31 in the policy guidance form -

Applying as the Family Member of a Tier 1, 2 or 5 migrant in the UK

31. If you are the family member of a Tier 1, 2, or 5 migrant, you cannot apply in the UK if you:
• were last granted leave to enter or remain as a visitor, unless the relevant points-based system migrant, who you are applying to be dependant of has, or is being granted leave to remain as a Tier 5 (Temporary Work) migrant in the creative and sporting subcategory; or
• are on temporary admission or temporary release.

cheers

[vrindasood]

Hi guys,

Today's the Day but I dont see the new rules on UKBA website!

Do you know when the new forms and rules will be available on UKBA website?

[pmnagendra123]

Hi guys,

Today's the Day but I dont see the new rules on UKBA website!

Do you know when the new forms and rules will be available on UKBA website?

Its already on the UKBA site. Use the Form Finder Tool to get your forms.

You can also download these forms from the links below -

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf

These links are from UKBA site only.

Cheers

[vrindasood]

Thanks
This is good news!

[pmnagendra123]

Thanks
This is good news!

yes it is !