Advice please

[krish.venugopal]

Hi,

Situation is that I am on a WP will be eligible for ILR in Dec 2009, currently on a Perm job in IT field. At the moment job is going on fine, only concern is its a small company so sometimes feel a bit insecure....that it might close down.
Wife is also here on a dependant visa, we both work for the same company.

Since there is another 2.5 years for the ILR, would be a good idea for my wife to apply for HSMP? This would help in case my job becomes unstable. (a precautionary measure). (Wondering if this is a good idea?)

In case we do go ahead with this idea, once I am eligible for PR in Dec 2009 will my wife also be eligible to apply for ILR?

Please advice

~Krish

[ismangil]

It is you who should switch to HSMP, then you won't lose the 2.5 years. If it's your wife that switches, then she has to to start from 0 to build to 5 years. And when you are eligible, she won't because she is not a dependent anymore!

[Administrator]

.

You are looking for a 'fallback' option in case something goes wrong.

In that case, if your wife obtains an HSMP, and then you later lose your job, you can:

- find another job and switch your workpermit to another employer

- if that fails (you have a short time), THEN you could become her dependent and be able to stay


But.

What ismangil said is the better advise. Can you get an HSMP ..?

You will have both have increased options to stay no matter what happens with your jobs, if you both qualify.

Make sure that you do not switch to becoming her dependent unless it is absolutely necessary, as per ismangil's point.

the Admin

[krish.venugopal]

Hi ismangil and Admin,

Thanks a lot for the kind advice it makes a lot of sense.

If we both take past 12 months experience in the UK, then both of us qualify for HSMP, I think if you have worked in the UK for the past one year then you qualify for 5 additional points. (wihtout these 5 points we both score 70 only).

Can you also please advice as to initially upto what period is the HSMP visa issued, if its going to be two years, then I might wait for another 6 months and then apply as this would ensure that I need to apply for FLR and could apply for ILR directly.

Once I qualify for ILR and obtain one, then if my wife switched to be my dependant she can apply for ILR in two years time? am I correct in my assumption.

Thanks a lot for your time.

regards
Krish

[ismangil]

Hi ismangil and Admin,

Thanks a lot for the kind advice it makes a lot of sense.

If we both take past 12 months experience in the UK, then both of us qualify for HSMP, I think if you have worked in the UK for the past one year then you qualify for 5 additional points. (wihtout these 5 points we both score 70 only).

That is correct. You get 5 points for UK experience, either degree or work.

Can you also please advice as to initially upto what period is the HSMP visa issued, if its going to be two years, then I might wait for another 6 months and then apply as this would ensure that I need to apply for FLR and could apply for ILR directly.

The initial period is two years. So you are correct if you can wait that will be good, calculating that before the two year of HSMP you are already 5 years of residence.

Once I qualify for ILR and obtain one, then if my wife switched to be my dependant she can apply for ILR in two years time? am I correct in my assumption.

Thanks a lot for your time.

regards
Krish

I don't quite understand your point.

When you switch to HSMP, your wife will still be dependant, so when you apply for ILR in a couple of years she is still dependant so everything works out.

[krish.venugopal]

I misunderstood your earlier message, thought that both of us are to switch to individual HSMP visas, In which case wife would not have been on a dependant visa.

So what you are suggesting is that I wait and switch to HSMP after 6 months and wife and kid continue to be on a dependant visa and then when I am eligible for ILR, all will fall in place.

Do you have to go through a solicitor to apply for HSMP or can we do it on our own (apologies this point could have been raised a number of times before) if there are any existing threads could someone please point me at that.

Many Thanks
Krish

[Jayceesh]

Dont make the general mistake here... And to answer your last question, I dont think you need a solicitor, most people do the process themselves as long as you know you qualify and have the necessary proves. Advice on the issues can be got on this forum from members.

Point of note though, as others have said, look at the date you entered the UK or the date your WP starts (in short the latest date available for you), then add 3 years to it.

Example if WP is issued on Dec 2004, wait till around Jan 2008 (this will give u a max of 3 years on WP, that is hoping there are no gaps), then apply for HSMP approval and FLR(HSMP) for you as the main applicant with wife and kid as dependants.

This will give you an initial 2 years to add to your original 3 years on WP making a total of 5 years required for ILR at today's reckoning. This way you wont have to make another application for FLR on HSMP.

When you are applying for ILR, you will still apply for yourself as main applicant with wife and kid as dependant.

[ismangil]

I misunderstood your earlier message, thought that both of us are to switch to individual HSMP visas, In which case wife would not have been on a dependant visa.

So what you are suggesting is that I wait and switch to HSMP after 6 months and wife and kid continue to be on a dependant visa and then when I am eligible for ILR, all will fall in place.

Yes, that's it. Just be aware of the dates as suggested by others. You can start applying for IELTS now though, there is a wait. The results are valid for a long time.

Do you have to go through a solicitor to apply for HSMP or can we do it on our own (apologies this point could have been raised a number of times before) if there are any existing threads could someone please point me at that.

Many Thanks
Krish

HSMP got its own forum: http://www.immigrationboards.com/viewforum.php?f=2

In general I don't believe you need a solicitor, especially in your case it would be pretty straight forward: UK jobs, means you submit latest P60, and payslips etc for earning proof.

[krish.venugopal]

Thanks a lot
Krish