Changing Dependant to HSMP( Tier 1 General)

[Priya Selvaraj]

Hi All,

I am working in UK for an Year now with Dependant Visa. My husband has a work permit which is valid until 2012 and I am dependant to him. We both have been in UK since August 2005.

Now I am eligible for a HSMP(Tier 1 General). If I get an HSMP, will my stay in UK as a dependant visa holder since August 2005 till april 2008 be counted in the 5 years minimum stay for permanent residence visa?

Would appreciate an earliest possible reply.

Thanks
Priya

[vinny]

Unfortunately, if you change (by applying for entry clearance) to Tier 1 (General) highly skilled workers, then I believe that previous time spent as a dependant will not count towards settlement.

[n_sharma50]

You should be able to use ur time as dependent.

Dependants
Partners of Tier 1 (General) - highly skilled worker migrants are eligible to apply for settlement at the same time as the migrant, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

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[hsmpinuk70]

As a dependent you do not qualify for ILR in your own right. As a dependent your ILR will depend on the fact that your husband qualifies for ILR and, as the OP has mentioned, that you have lived with your spouse as a dependent for 2 years minimum.

If you switch to Tier 1, your 5-year ILR clock will start from the day you are granted leave to remain under Tier 1.

regards

Hi All,

I am working in UK for an Year now with Dependant Visa. My husband has a work permit which is valid until 2012 and I am dependant to him. We both have been in UK since August 2005.

Now I am eligible for a HSMP(Tier 1 General). If I get an HSMP, will my stay in UK as a dependant visa holder since August 2005 till april 2008 be counted in the 5 years minimum stay for permanent residence visa?

Would appreciate an earliest possible reply.

Thanks
Priya

[yewhongwei79]

Hi, If I would like to change from WP to Tier 1, after 2 years of stay in UK on WP, my 2 years before applying Tier 1 is not wasted and will be counted into the 5 years ILR application, right?

"You must complete a continuous period of five years in the United Kingdom before you can apply for settlement, and you must meet all the requirements of the immigration rules before you are eligible to apply.

Under the rules, to satisfy the five-year qualifying period for settlement under this category, you may include any periods of leave under any of the following immigration categories that immediately precede your time here under Tier 1 (General) - highly skilled worker."

http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

[hsmpinuk70]

Hi, If I would like to change from WP to Tier 1, after 2 years of stay in UK on WP, my 2 years before applying Tier 1 is not wasted and will be counted into the 5 years ILR application, right?

Yes !!