Switching from dependant to HSMP

[pabhi]

Hi,

Can anyone help us sort the following out, please?

Currently, I am on my husband's depedant visa and working in the UK. I have successfully got through HSMP. Once they sent us the success letter, we sent our passports for Visa stamps to the Home office in London and they refused it.

They state the letter as VARIATION OF LEAVE or REFUSAL TO VARY LEAVE…also says Secretary of State is not satisfied that you have leave to enter or remain in the UK as a highly skilled migrant…But it also says I still have leave to remain where my current conditions continue to apply until the expiry of current visa.

[b]Does anyone know if I need to go back to India to get HSMP visa? B’ coz it is a mere switch over from Student dependant to HSMP visa.. [/b]

Pls help
Thanks[/b]

[geriatrix]

Surpising that you did not notice this guidance given in the FLR (IED) application form !!

-----
Following changes to the Immigration Rules, applications for an extension of stay (limited leave to remain) will only be approvable for applicants already in the UK who satisfy the requirements of the immigration rules and who have existing leave in one of the following immigration categories:

For HSMP:

• Highly Skilled Migrant;
• Work permit holder;
• Student who has successfully obtained a degree level qualification at a UK higher or further educational establishment;
• Postgraduate doctor or a postgraduate dentist;
• Working holidaymaker;
• Science and Engineering Graduate Scheme participant;
• Innovator;
• Applicant is undertaking the PLAB test, a clinical attachment or dental observer post, who holds a valid Home Office document confirming that he meets the criteria under the HSMP priority application process for general practitioners;
• Fresh Talent: Working in Scotland scheme participant.-------

Hence, as a dependent you cannot switch to HSMP visa from within the UK. You will need to return to your home country and apply for EC there.


regards

[pabhi]

Thanks a lot for your response.

Unfortunately did not pay much attention this guidance bcoz I have heard other people switching from student dependent to HSMP. Never mind. But the letter from Home Office did not specifically mention this. And I was just wondering what they would want to communicate. Does not make much sense, you know.

Regards,
P