ILR - Student + WP

fardeens · Post by **fardeens** » Fri Nov 11, 2005 2:55 pm

Hello

My wife has been in UK since 2001 on a Student Visa. She is currently perusing a PhD (after finishing a masters here) and is in her final year. I am on a student dependant visa and have been living here since 2003. Our visas expire end of 2006.

Does the Student/Student-dependant count towards ILR?

I hope I have been able to explain the situation well.

Many thanks
Kind regards

kawasaki1 · Post by **kawasaki1** » Sat Nov 12, 2005 11:18 am

Student visa does not count towards ILR unfortunately.

Wanderer · Post by **Wanderer** » Sun Nov 13, 2005 12:05 am

kawasaki1 wrote:Student visa does not count towards ILR unfortunately.

Does it not?

What about if ur living together with ur visa national student partner for 2 years or more, I thought this should enable unmarried partner visa, or does ILR start from then, after that visa is granted?

Steve

fardeens · Post by **fardeens** » Wed Nov 16, 2005 10:25 am

Looking forward for more suggestions please.

Kayalami · Post by **Kayalami** » Wed Nov 16, 2005 10:30 am

To qualify for ILR either you or your spouse must have spent the relevant time in a category that leads to settlement (CLS) e.g. 4 years work permit, 4 years HSMP etc. In such cases the qualifying person is the principal applicant with the spouse included as a dependent. You have already been informed that student/student dependent visas are not CLS. However this time may be considered for grant of ILR under the long residence rules = 10 years of consecutively continuous legal stay in the UK. I would suggest getting a WP or even better the HSMP if you qualify to start your ILR clock counter. I trust that helps.

fardeens · Post by **fardeens** » Wed Nov 16, 2005 2:45 pm

Thank you Kayalami for your reply.

I have this further question.

I understand that I will have to go back to my country (India) for this switching, but does anyone think I might have a problem in getting an EC, since I got a Student dependant for 3 years and one year is left of it. I mean will the caseworker have questions like why do you want a WP when you can work without a permit, do you intend to come back when you wife finishes her studies?

I have a permanent job in public sector here in which I have been working for the past 16 months, is that a good enough reason for wanting to switch to a WP?

If my EC for WP is refused will I be allowed to join my wife on my student dependant visa status?

Many thanks

Kayalami · Post by **Kayalami** » Wed Nov 16, 2005 3:44 pm

You need a Work Permit from 'Work Permits UK' before you can apply for EC in addition to other requirements. The WP needs a sponsor so talk to your employer and see whether they will accept such. The HSMP is a better status since it is not tied to a single employer. It also allows self employment which given the state of the economy is a vital option to have. In relation to queries by the ECO as to why you are obtaining a WP no they won't ask why - they only need review your application in accordance with the rules. A refusal would IMHO be due to fraudelent documentation or criminality issues - both would impact on a return to the UK.

fardeens · Post by **fardeens** » Thu Feb 02, 2006 2:32 pm

Hello All - My employer has agreed to apply for a Work Permit for me. Now my question is can they apply for a work permit while I am here or do I need to leave UK while the application is in process. Assuming they can apply for a WP while I am here, Will my clock start ticking from the date of WP letter or only once I change my visa status changed from student dependant to WP, because in my case I will have to go to India to switch. Should I do it ASAP or wait for my scheduled holiday?

Many Thanks

Post by **John** » Thu Feb 02, 2006 3:48 pm

my question is can they apply for a work permit while I am here or do I need to leave UK while the application is in process

There is no need to leave the country while it is processed. As you have said correctly, you have a right to work for them without needing a WP. That is, if the WP application is declined for any reason then the status quo is preserved ... you are a dependent of your wife's student visa.

Will my clock start ticking from the date of WP letter or only once I change my visa status changed from student dependant to WP

The latter.

fardeens · Post by **fardeens** » Fri Feb 24, 2006 4:20 pm

Hi John - My HR department contacted the home office for advise on my application. They informed them that I will have to leave the country when they are making the application and the WP will be sent to my India address. Is that correct?

Post by **John** » Fri Feb 24, 2006 4:38 pm

Is that correct?

Fardeens, I suspect that incomplete information was given to Home Office and based upon that incomplete information it is not surprising that the wrong answer came back.

That is, I suspect that it was not made clear that you already have a valid visa that entitles you to work in the UK without requiring a Work Permit. So I certainly think you are entitled to continue working ... using your existing visa ... while the application is considered.

However I have no reason to doubt that you will indeed need to return to your country to apply for your employment visa once the WP application is granted.

fardeens · Post by **fardeens** » Fri Feb 24, 2006 5:00 pm

Thanks John.

fardeens · Post by **fardeens** » Wed Mar 01, 2006 3:18 pm

Hi All,

My HR have got stuck on one more issue. I have been working in this post since July 2004. My employers have no longer got the records of the original advert, no of applicants etc as they only keep up to 12 months old records. The home office guys advised to fill in the section, which says, you would like to consider the option, vacancy was not advertised, and explain everything there.

Any advise, suggestion what would be the best way of doing this?

Many thanks

tvt · Post by **tvt** » Wed Mar 01, 2006 4:38 pm

Although there is an option in the WP1 form to ask the Home Office to consider waiving the advertising requirement (local labour search). I would suggest that your employer freshly advertise the position. As if your emploter does not advertise it is very likely that the WP application will be refused.

fardeens · Post by **fardeens** » Thu Mar 02, 2006 10:23 am

I work for a Primary Care Trust, NHS (I am not a clinical staff). I very much doubt they will go through all that again, because being a public sector, each act has to be justified and it takes ages for anything to move. For me to get them to agree for a WP for me has taking me almost 6 months, although, everyone in principal agreed they should apply for me.

Being an NHS organisation, do you think it will easier for them to get one given the circumstances?

Post by **John** » Thu Mar 02, 2006 10:55 am

Fardeens, the blunt question here is why would a WP be issued for such employment? You don't say exactly what you do but do say that you are doing non-clinical work for a PCT. That sounds to me you are doing some sort of admin. work. So, acting as devil's advocate, surely a PCT would be able to fill such a vacancy from within the UK, or elsewhere in the EEA.

Or if not, can you explain why they would not be able to fill the vacancy in that way, and thus would need to recruit from outside the EEA?

Any possibility of you getting HSMP? If not might it be a lot simpler just to stay on your existing visa, which permits you to work without requiring a WP?

Your wife, when she finishes being a student, when then? What is the plan for her?

fardeens · Post by **fardeens** » Thu Mar 02, 2006 11:10 am

Hello John - sorry for being vague. I was employed as web/software developer. I have taken on much more responsibility since then. Ok I do agree with you the fact that there might be people within the EAA to fill my post. But when the post was advertised in the newspapers etc, I applied through the normal process and was short-listed and interviewed amongst others and selected.

Now I have built various applications for the PCT, one of which has been nominated for greater Manchester NHS awards for this year. Now since all these are bespoke applications, they will find it difficult (not impossible) to employee some one again now to support and add features to these applications.

HSMP, I am falling short by 5 points, as my salary is very little because of public sector and northwest, I get no points for it.

Hope I have made my situations clearer. Now what is your advise?

Post by **John** » Thu Mar 02, 2006 12:01 pm

It is probably best if I let others comment upon that, whether you have personal skills to enable you to get a WP.

As regards HSMP, you are already counting 10 points for your wife?

fardeens · Post by **fardeens** » Thu Mar 02, 2006 1:32 pm

John wrote:It is probably best if I let others comment upon that, whether you have personal skills to enable you to get a WP.

Could any one please reply as my application will be ready to send tomorrow.

John wrote:As regards HSMP, you are already counting 10 points for your wife?

Yes John I am including 10 points of my wife, but still not able to reach 65.

fardeens · Post by **fardeens** » Fri Mar 03, 2006 11:07 am

Someone please reply....We are sending the application today.

fardeens · Post by **fardeens** » Tue Mar 14, 2006 2:31 pm

I know everyone is quite upset these days about the new immigration rules, I have a bit of good news to share.

My boss got a letter from Home Office on Friday, saying that I have been granted WP for 60 months.

Now I will need to go to India for changing my status to WP from student dependant. What all documents will I need for that? I haven't received anything from Home office, I mean is Work Permit a certificate or is this letter it?

Thank you for all your help.

olisun · Post by **olisun** » Tue Mar 14, 2006 2:35 pm

a letter

deuchars · Post by **deuchars** » Thu Mar 16, 2006 5:31 pm

a person just spent 3 years at UK university on student visa. Do they have to return to home country to apply for either WP or HSMP, and do they have to return home to apply for Entry Clearance?

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