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Switch to Tier 1 from a Tier 1 Dependant visa?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Sandip_in_Uk
Newly Registered
Posts: 8
Joined: Fri Jan 02, 2009 11:03 pm

Switch to Tier 1 from a Tier 1 Dependant visa?

Post by Sandip_in_Uk » Fri Jan 02, 2009 11:08 pm

Hi all,

I am currently holding a Tier 1 Dependant visa. My wife is the primary
holder of the Tire 1 visa and i am her Dependant visa holder. I am currently
living in UK since Mid April 2008 and would like to apply for my Tier one
visa in the month of June 2009. I started working in UK since Mid June
2008 and currently employed with a descent salary.

My questions:
1). Can i apply for my Tier One visa from UK itself or do i need to go back
to India to apply for my Tier one visa?

vinny
Moderator
Posts: 33283
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jan 02, 2009 11:34 pm

Switching in to the points-based system wrote:Dependants may not switch into any category of the points-based system in their own right. If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance (permission to enter the United Kingdom).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Switch to Tier 1 from a Tier 1 Dependant visa?

Post by push » Fri Jan 02, 2009 11:34 pm

Sandip_in_Uk wrote:Hi all,

I am currently holding a Tier 1 Dependant visa.
My questions:
1). Can i apply for my Tier One visa from UK itself or do i need to go back
to India to apply for my Tier one visa?
Unfortunately you can not switch into Tier -1 category from a Tier-1 dependent category while being in UK. See below:
The immigration categories from which you can switch into the highly skilled worker category
If you are in the United Kingdom and wish to stay as a highly skilled worker, you will need to be sure that you can switch into this category.

Switching into this category is allowed if you currently hold leave in the following categories:
Highly Skilled Migrant Programme (HSMP);
Fresh Talent: Working in Scotland;
International Graduates Scheme (IGS);
innovator;
postgraduate doctor or dentist;
student;
student nurse;
student re-sitting an exam;
student writing up a thesis;
work permit holder;
business person;
self-employed lawyer;
writer,composer or artist;
entrepreneur (tier 1);
investor (tier 1);
post-study worker (tier 1);
a skilled worker (tier 2 General);
an intra-company transferee (tier 2);
a minister of religion (tier 2); or
a sportsperson (tier 2);
regards,
push
Important: Please read this Disclaimer

Sandip_in_Uk
Newly Registered
Posts: 8
Joined: Fri Jan 02, 2009 11:03 pm

Thanks for your replies

Post by Sandip_in_Uk » Sat Jan 03, 2009 9:43 am

Hi guys
thanks so much for replying to my question. Much appreciated.

I have couple of quick questions....
Since you have mentioned that i cannot switch to the Tier 1 visa from a Dependant visa, What i would like to know is can i go to India for 1 week and apply for my Tier 1 visa and return back to UK on Dependant visa?

Since i am employed now i cant take a long leave and stay in India. So What i am planning is can i go to India for a week or so apply for my Tier 1 visa and return back on my Dependant visa and work here. Then once i receive my approval letter i can travel back to India for one more week and apply for my Entry clearance and switch to Tier 1 and return to Uk on my Tier 1.

Can i do this? Is there any issues in doing the above?

vinny
Moderator
Posts: 33283
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Jan 03, 2009 10:01 am

Did you know that your settlement qualifying period will be reset after you enter the UK on your new Tier 1 entry clearance?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Thanks for your replies

Post by push » Sat Jan 03, 2009 10:08 am

Sandip_in_Uk wrote:Hi guys
thanks so much for replying to my question. Much appreciated.

I have couple of quick questions....
Since you have mentioned that i cannot switch to the Tier 1 visa from a Dependant visa, What i would like to know is can i go to India for 1 week and apply for my Tier 1 visa and return back to UK on Dependant visa?

Since i am employed now i cant take a long leave and stay in India. So What i am planning is can i go to India for a week or so apply for my Tier 1 visa and return back on my Dependant visa and work here. Then once i receive my approval letter i can travel back to India for one more week and apply for my Entry clearance and switch to Tier 1 and return to Uk on my Tier 1.

Can i do this? Is there any issues in doing the above?
I thought you had to submit your passport with your Tier-1 dependent application? Isn't that the case anymore? if my understanding is correct how would you return without a passport to UK, having submitted your application to BHC?
regards,
push
Important: Please read this Disclaimer

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