Would HSMP ILR JR win help us ?

[WPHSMP]

Well done HSMP forum…and all the hsmpians who are benefited by the JR.

Wonder if someone could help me understand this bit


My wife got approval in July 05 and got EC in Nov05 and came into the country in dec2005

I am a wp holder and have visa until 2010

we have a child who is 2 years old & was born in the UK.

Since it looks like my wife could apply after 4 years (because of JR), can i include myself & my kid as her dependents when she applies ILR ?

Could you please show some light on this ?


Thanks for your help

[HSMP2008_JANUARY]

No you cant apply as dependent as you are her on WP and not as dependent on her. If your kids are dependent on her visa then kids can apply with their mother for ILR. If kids are dependent on your visa then once your wife gets ILR then kids can register under British citizenship.

[WPHSMP]

Are you sure HSMP2008_JANUARY?

My kid is depedant of me ...we just wanted have both option open ..thats was why we didnt go for dependant option...

Now somebody was saying ,when she files for her ILR, i could inclule myself & my kid as her dependant...

is that not correct then ?

we have been married for 4 years...just wonder what could be the best way for me to apply for dependant ?..

Thanks

[geriatrix]

Now somebody was saying ,when she files for her ILR, i could inclule myself & my kid as her dependant...

How can you when you are not in UK as a dependent?? As a WP holder, you cannnot include yourself (or your child) as dependents when at the time of your spouse's ILR application. If you wish to do so (become a dependent to your spouse), you need to first change your visa status to dependent. Similarly for you child, since he is currently your depenent, not your spouse's.

just wonder what could be the best way for me to apply for dependant ?

You and your child wll have to return to your home country and apply for EC as dependents. Sorry, can't do it from within UK.

You (and your child) might then be required to spend 2 years as dependents before you both would become eligible for ILR.

regards

[OFCHARITY]

I think the child should be able to apply for dependant status from within the UK since he was born in the UK. After all newborn babies are not required to go to the country of their parent's birth before they can aquire dependant visas. That being said, it is probably unnecessary though as the UK born child can be registered as British once the mother obtains ILR. I am not sure of the situation for the spouse however, you should have a read through the switching rules on the BIA website.

[WPHSMP]

Thanks guys for your replies....

the reason for i have requested you guys was...

i had been told that when she had applied to extend her hsmp visa in 2006(after initial approval in 2005), i could have included me & the baby in dependant section ...but i was not interested as we wanted have both options (wp & hsmp) open....and then the person said, you could include when she files ILR but you can't switch ...when he meant was...it should be a situation where she applies as main applicant.....

yes i thought about that the child needn't go out of the


>You (and your child) might then be required to spend 2 years as >dependents before you both would become eligible for ILR.

i understand the above rule...
but it may not really apply to people like us ..as we got married 4 years ago ...came together to the UK ..but diff visa category ...have been living together as family in the UK for 4 years....

How is 2 years check is going to make difference ?

thanks guys ...

[WPHSMP]

ok , in that case, if i go to my home country now and change my visa as dependant to my wife (new EC) loosing my workpermit on which i had spent 3 and half years...would that help ?


i cant find other job in this economy situation ?

even if i go through my wP route after 5 years, i may have issue as i had a 30% pay cut this year as the company struggles to get major projects...

not sure what is the best thing to do ...

any advice please..

[girish]

Hi

I am under HSMP visa working in UK and my visa is getting expired in january2010.

i would like to apply for extension and the procedure for the same.

Can any one of you please let me know if the new rules of having a master's degree is applicable for extension? Do i need to fill the Tier1 (general) or Tier1(exntensiion) application form?

Many thanks in advance,

Regards
Girish

[blue.olive]

Well done HSMP forum…and all the hsmpians who are benefited by the JR.

Wonder if someone could help me understand this bit


My wife got approval in July 05 and got EC in Nov05 and came into the country in dec2005

I am a wp holder and have visa until 2010

we have a child who is 2 years old & was born in the UK.

Since it looks like my wife could apply after 4 years (because of JR), can i include myself & my kid as her dependents when she applies ILR ?

Could you please show some light on this ?


Thanks for your help

If you have been living with your spouse from last four year, since she arrive to uk on HSMP

You can file your ILR application as the spouse , you do not need to be on dependent , you are applying as spouse and so as your kid

You can reconfirm this as well by sending the similar email to HO

[WPHSMP]

>You can file your ILR application as the spouse , you do not need to be >on dependent , you are applying as spouse and so as your kid
.......................

is that right ?..senior members , could you please have a say on this ?

Thanks

[WPHSMP]

Excellent ...finally HO issued the policy that is going to help many hsmp people.

i am still unsure, if i could include my self in the main application as her spouse and my kid as her dependant when my wife applies for ILR after 4 years.

we both entered as married couple & living together but diff route (she was hsmp & i was wp holder)

please show some lights guys..

Thanks

[f2k]

I think you have to change to a dependent visa first. depending whether you want to or not, as soon as your wife gets ILR your child can be registered as a British citizen

[tss]

Home Office has some policy to apply discretion outside immigration rules, but how they apply that is very less known outside the Home Office. Chances are very slim in current time. I wonder, what can happen if someone include his/her spouse who was at some point on HSMP dependent but later switched to some other category on his/her own right. Can the home office refuse the application of main ILR applicant using immigration rule 320(7A) or it just the additional applicant's ILR can be refused ?

[Sushil-ACCA]

chances are high

[1971]

Hi,

I think the best option you have is to send a letter and your concerns to HO. If HO say it is possible, then you can attach a copy of the letter to your application. If not, wait for your turn with your WP route. In this economic meltdown, I will not advise anyone to leave their current employment without another offer in hand.

I wish you the best.

Cheers
1971.

[WPHSMP]

thanks for your posts/replies guys.appreciated

regarding the rule that came after 2006 that once the partner(wife) obtained ILR, any dependants(husband) will be given an intial dependant visa for 2 years and than the dependant need to apply for ILR..

did this come before the new rules or after ?

i guess, it came after the new rules which means it should not affect old hsmpians ..

please correct me if am talking rubbish

[loverboy4alluk]

we should visit this website as this is tribunel website
http://www.ait.gov.uk/

also can we all please go to NO 10 Downing street website to sign the petition web site is

http://petitions.number10.gov.uk/workpermit-ilr/

and one more web site for petition

http://www.gopetition.co.uk/petitions/i ... medium=RSS

Regards