sushdmehta wrote:Any new endorsement (read EC/visa) on the passport supersedes any existing endorsement. In simple words, once you have HSMP EC on your passport, your leave to enter / remain as WP holder becomes invalid automatically.
Based on my previous email correspondence with UKBIA (for two category of visas, *different* from visas mentioned above), I think that above statemant is not true.
My email to UKBIA was regarding Dependent Visa holder(dependent to any other type of migrant, for eg. Tier 1 dependent, WP holder dependent) reentering UK with their own Tier 1 Visa/Work permit, while they still have their old Visa valid.
For example, a Tier 1 dependent visa holder has 2 years of valid leave to remain as dependent. S/he applies for own Tier 1 Visa and obtains visa approval.
1. What happens to the old (dependent) Visa?
2. What happens at port of entry?
The email conversation is as below:
Answers to your questions:
A. What happens to her current Tier 1 Dependent Visa when she gets EC based on Tier 1 SUCCESSFULLY ?
## When she re-enters the UK, she will be asked whether she wishes to be admitted as a Tier 1 Dependant or as a Tier 1 (General) Migrant (bearing in mind that an Tier 1 (General) migrant must enter the UK in that category within three months of the visa being issued).
B. What happens to her current Tier 1 Dependent Visa when her application is UNSUCCESSFUL (in getting EC based on Tier 1)? Can she come in UK to join her spouse (after her EC based on Tier 1 is rejected) based on the previous(Tier 1 dependent) Visa?
## Normally, yes (but not if there was reason to believe that the original visa had been obtained by deception or that deception had been used when applying for the Tier 1 visa).
Sent by:
Public Enquiries
, VCS/UKBA, London SW1A 2AH
Web-site: www.ukvisas.gov.uk
Respected Sir/Madam,
I had a query related to validity of any current visa, when the visa holder applies for any other new visa.
Suppose a person who has Tier 1 dependent visa valid till 1 Year(suppose till September 2009) , and she applies for Tier 1 Visa (entry clearance(EC)) from her own country:
A. What happens to her current Tier 1 Dependent Visa when she gets EC based on Tier 1 SUCCESSFULLY ?
B. What happens to her current Tier 1 Dependent Visa when her application is UNSUCCESSFUL (in getting EC based on Tier 1)? Can she come in UK to join her spouse (after her EC based on Tier 1 is rejected) based on the previous(Tier 1 dependent) Visa?
I was unable to find any information related to above queries on BIA homeoffice website, and hence am emailing you the query, I would be really grateful for any replies.
Thanks and Regards,
Based on above response, I think that when you come back with two (Valid) Visa endorsements, you would be given choice at port of entry of Visa under which you want to enter in UK. (If you choose WP to enter, you should still have your job with your employer who filed WP for you , that is your WP must be valid if you want to enter UK under WP Visa).
What ever you choose, you have to comply with immigration conditiions, i.e. after entering as WP holder, dont do multiple jobs, etc.
Standard disclaimers:
1. Above email communication is 3-4 months old.
2. It is for different category of switching.
3. You should email UKBIA in order to get clarification.
My personal advice is not to switch. Remain on WP unless you have very good job offer. If you can, switch from WP to Tier 1 from within UK. Don't become dependent, because other than the disadvantages you mentioned, dependents generally face some difficulty in finding jobs. (convincing employers, etc.)
