Changing Immigration Status While in the UK (Switching)

popeye · Post by **popeye** » Wed Jul 27, 2005 5:06 pm

Changing Immigration Status While in the UK ("Switching")

Any Idea why HO i changing the way of proceeding switching --- seems nice.

Kayalami · Post by **Kayalami** » Wed Jul 27, 2005 5:12 pm

IMHO - To manage the employment based immigration categories in a manner that is in the best interests of the UK, takes into consideration applicable resources not finite in nature and assists to (in the longer term) improve overall service standards.

Post by **John** » Wed Jul 27, 2005 6:18 pm

Popeye, thanks for posting this. It contains very useful information for anyone thinking of switching visa category while already in the UK.

So I have made it into a "Sticky".

milz · Post by **milz** » Mon Aug 29, 2005 10:29 am

Dear all,

I did have a question in other board about Switching, but did not get any hard evidence.

I plan to Switch my status from Work Permit to HSMP very soon.

What this guidance notes does NOT state that IF for whatever reason your Switching status (to HSMP in my case) is Refused; you can still work under your current status (Work Permit).

Can anyone please get some hard evidence for my query? Even the ind website does not have any guidance notes which give a clear information on refusal's of switching status and what to do if one is in that situation.

many thanks,

Milz.

Smit · Post by **Smit** » Thu Sep 08, 2005 3:07 pm

Milz,

I do not think that the rejection of the HSMP and related FLR(IED) application will have any impact on your existing work permit LTR. This link may be helpful:

http://www.workingintheuk.gov.uk/workin ... /new7.html?

Your work permit LTR will only end if your employment is terminated for whatever reason and your employer files a notification of end of employment form with WP(UK).

I hope this is helpful.

S

popeye · Post by **popeye** » Sat Oct 15, 2005 9:35 pm

http://www.workingintheuk.gov.uk/workin ... tonly.html

raj4uk · Post by **raj4uk** » Sun Jun 18, 2006 12:37 pm

Hi,
This is current situation for me:

My Company Got the WP approval before sending me to UK but did not get it stamped in India and send me on Busineess Visa on 18th April 2004.

After a 3 weeks I got into UK, my employer got the Passport stamped with the WP on 4th May 2004.

Will it cause a problem while going for ILR as the switching to WP is not allowed according to current rule from Business Visa to WP, but when I came it was allowed as ther was no FLR(IED) at that time, Can you please guide from when should I start counting for ILR and would it be a problem.

Awaiting your response.

Raj

visa man · Post by **visa man** » Wed Jan 10, 2007 3:40 pm

it wont be a problem, but your 5 year period will start from the date that the visa was endorsed into the passport

drake · Post by **drake** » Tue Jan 16, 2007 4:31 pm

Hi All,
I am working on work permit dependent visa since 1 year.
I am in UK since 2 years. Now my company will apply for work permit for me. If they apply for 3 year WP and get it will my 2 years add to the 5 years ILR or will the counter get reset?
Also I qualify for HSMP and what would happen if I get HSMP(for initial 2 years) will this add to my already spent 2 years are will the counter get reset.
P.S. I have not gone out of UK for more than 10 days in these 2 years.
Please help am really confused with this counter reset thing.
many thanks,
Drake

RobinLondon · Post by **RobinLondon** » Tue Jan 16, 2007 4:48 pm

This question has been addressed quite frequently on this forum.

Your time as a work permit dependent will NOT count towards the five years' ILR provision. You have no five-year "clock" running to speak of at the moment. If you get a work permit/HSMP of your own, you will need to spend five years in that category yourself. Your years as a work permit dependent will only count towards the 10-year long (legal) stay provision.

If you don't get your own WP, you can stay on as a dependent. Once your partner gets ILR, you can then apply for a two-year spouse visa. At the end of that period, you can then apply for ILR on a spousal basis. If your spouse has since become a UK citizen, you can then apply for naturalisation yourself immediately upon receiving ILR. This is because you've already spent more than three years in the UK. And you're married to a UK citizen. You might want to get your Life in the UK test sorted by then.

So do the math and see what scenario works best for you.

captain74 · Post by **captain74** » Tue Apr 24, 2007 7:06 pm

Hello All

There seems to be a lot of information around on the subject of switching to and from employment related immigration categories. However, I can not seem to find any information about switching between employment category and being a dependent of another person.

Can some one please advise if they have seen anything on this. My wife is a WP holder and I am an HSMP holder. Due to locations of our jobs it is proving impossible to stay together and continue in our respective categories. We, therefore, want that my wife should switch from being a WP holder to being my dependent.

Any help/advise deeply appreciated.

Regards

aprilhsmp · Post by **aprilhsmp** » Sun Apr 29, 2007 12:28 pm

I need information on switching from visitor visa to HSMP dependent visa.

If I am in UK with visitor visa and I want to change immigration status to dependent of HSMP visa holder (who is now applying for entry clearance), can I do it without coming back to india.

sunnyday · Post by **sunnyday** » Sun Jun 10, 2007 11:38 am

So what's the main change in the law? Would I be affected as a student about to renew visa either in or outside UK?

bernaljav · Post by **bernaljav** » Sun Mar 02, 2008 6:33 pm

hello there:

i've been living in the uk with my wife and my son for 5 years now as a student dependent and i'm working as a engineer at the moment so i want to change my status to work permit can that be possible without leaving the uk?

thanks...

Anjum · Post by **Anjum** » Sat May 24, 2008 5:37 pm

hi,

Presently i am working in UK and my work permit will expire in first week of August. Now i am planning to switch my work permit to Tie-1. Kindly advise me that when I should make my application.

Can i make application during mid of July ??? is there ant time constraint regarding expiry date and submission date of WP???

Waiting !!

RayJay · Post by **RayJay** » Fri Jun 13, 2008 6:11 pm

Just to let you know that the links are not working.
"The Working in the UK website has now closed"

Please update the links if you can.

regards

intgral · Post by **intgral** » Tue Sep 02, 2008 6:10 pm

This is a very important topic for many people and I am happy that it is a sticky. But, to be relevant, specific information needs to be added, that reflects and, perhaps, exemplifies current legislation.

Please add specific legislation quotes to this topic as you see appropriate.

Thank you.

fangzihe · Post by **fangzihe** » Fri Nov 14, 2008 5:43 pm

I am an international PhD student, now at the thesis submitting stage, and I have not got any degree in UK yet.
My student visa is still valid.
I am switching into a RA in the same university and the work permit is already obtained.
But I cannot start working without work visa(leave to remain).

1. Can I apply for the leave to remin in the UK or have to go back to my home country?
2. The university Persenal Office gave me the FLR(IED) form, I already made an appointment in the Border Agency in Sheffield to submit the application in person. It seems there are several places for Public Enquiry Office there. Which one should I go?
Thank you.

duoqian · Post by **duoqian** » Fri May 29, 2009 10:15 am

aprilhsmp wrote:I need information on switching from visitor visa to HSMP dependent visa.

If I am in UK with visitor visa and I want to change immigration status to dependent of HSMP visa holder (who is now applying for entry clearance), can I do it without coming back to india.

Hi I just saw ur post. Im also in this situation at the moment. Where do you stand as in today. In my case Im dependent of my father who has already been issued FLR and will be applying for ILR next year. Would really appreciate your help.Thanks

Post by **vinny** » Fri May 29, 2009 12:50 pm

I don't think that visitors may switch. You should apply for entry clearance as your father's dependant (subject to 197 or 319H, depending on your father's category).

duoqian · Post by **duoqian** » Fri May 29, 2009 4:02 pm

Hey Vinny.
Thanks for the info. He s on HSMP. Im an over 18 female. Parents and younger siblings moved 3 years ago. At that point didnt think of applying as an over 18 dependent as I was coming to UK as a student. I am financially dependent on my parents still. I cant afford the upkeep without them. Graduated last year and came back to home country. I just hate living here all alone. All of my family members have moved abroad. I feel like a housekeeper. Besides they want to sell it now and buy in UK. I do have a choice of applying for PSW but I was wondering if I could apply as a dependent. Any thoughts?

vinny wrote:I don't think that visitors may switch. You should apply for entry clearance as your father's dependant (subject to 197 or 319H, depending on your father's category).

Post by **vinny** » Fri May 29, 2009 11:09 pm

Unfortunately, being over 18 makes things more difficult, as a dependant application will have be outside the immigration rules. Consider getting advice from my knowledgeable friend or an OISC advisor.

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Changing Immigration Status While in the UK (Switching)

Changing Immigration Status While in the UK (Switching)

Can a person on WP change to being a dependent in-country

visitor visa to HSMP dependent

change status

Re: visitor visa to HSMP dependent