Dependent to Workpermit conversion, Urgent!!

mxn · Post by **mxn** » Fri Jun 30, 2006 12:01 pm

Hi,

Iam working for a software company in london and iam on a dependant visa. The company I am working is sponsering my workpermit and have placed an advert today

I have a few questions.

Does the company need to advertise for the job as I am already working in the company, no where it is mentioned in the WP1 form about the conversion stuff....

My Wifes workpermit and my dependant visa is expiring in August 10. since company applied the advertisement for 4 weeks and after that apply for my workpermit, my visa and my wifes visa meight get expired by then.

can i and my wife wait legally in uk waiting for my workpermit( even though our visa expires) and since iam planning to convert my wifes workpermit to dependant visa can she stay legally in uk

can you please let me know ASAP..

thanks

mxn · Post by **mxn** » Fri Jun 30, 2006 3:32 pm

can some one please reply to my questions please.

tx

rooi_ding · Post by **rooi_ding** » Fri Jun 30, 2006 3:38 pm

I think you just have to be patient until someone who knows the answer comes online, but for now you can just read all the other immigration problems that people have and console yourself that you are not alone and that there is a light at the end of the tunnel

WoodieG · Post by **WoodieG** » Fri Jun 30, 2006 7:01 pm

Yes, they need to advertise the position to prove that there is no 'resident labour' capable (even with training) to do the job.

A work permit application is not an 'in time application', its submission does not give you any additional right to remain in the UK.

You can wait in the UK while they apply for the permit but only up to the expiry of your existing visa.

BTW, you're employer needs to request an 'out of country' work permit by covering letter - if not you could end up with a useless approval letter.
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mxn · Post by **mxn** » Fri Jun 30, 2006 10:50 pm

thank you so much for the information. It was really usefull.

If my employer applies for an out of country workpermit, do i need to give my uk address or my south african(my country of birth) address in the application as i will still be in uk and working for them when they submit the application.

ofcourse for getting the visa i will have to goto my home country.

thanks

WoodieG · Post by **WoodieG** » Sat Jul 01, 2006 6:37 am

No, tick that you are in the UK and put your UK address.
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Kayalami · Post by **Kayalami** » Sat Jul 01, 2006 8:14 am

mxn,

1. Role must be advertised unless it is Tier 1 which it appears not to be.

2. Obtaining a WP is stage 1 of the process and has no impact on your leave to remain i.e. it does not maintain your visa status were such to expire during its determination. If this is the case you then become an overstayer and are in breach of the immigration rules. In stage 2 you apply for a WP visa/residence permit using Form FLR IED including your spouse as a dependent. Your visa must be valid on the date this application for further leave to remain is received by the Home Office. Your visa status is preserved pending a decision on this application even were such to expire during this period.

3. An in country WP1 application requires you to have a visa of validity to cover you to the FLR IED application stage and even then you would have to be in a visa category allowing switching. AFAIK and IMHO you do not qualify to switch from WP dependent to own WP visa in country under the immigration rules. The Home Office however may consider the application outside the rules.

4. An out of country WP application (as indicated by ticking the relevant box in the WP1 form) may not be submitted if you are residing in the UK i.e. you would have to be outside the UK for such to proceed. You need to return to RSA before the form is submitted. If successful you use the WP approval letter and associated documentation to apply for WP entry clearance/ visa at the BHC in Pretoria.

5. Step 4 above applies in particular given your visas will expire prior to the WP approval. I recommend that you do not remain in the UK beyond the validity of your visas.

6. Is there a reason your spouses wp is not being renewed/ extended as this is a faster procedure - you would then get a dependent visa extension giving you enough time for your own wp application to proceed. You could then proceed to RSA on your own and await the WP to be issued. Were the approval not obtained on this occassion you could return to the UK on the dependent visa and continue employment.

7. How long has your spouse held a WP (she may be eligible for ILR and include you as a dependent in her application)

8. Have you considered/ are you eligible for the HSMP scheme?

WoodieG · Post by **WoodieG** » Sat Jul 01, 2006 9:35 am

An out of country WP application (as indicated by ticking the relevant box in the WP1 form) may not be submitted if you are residing in the UK i.e. you would have to be outside the UK for such to proceed. You need to return to RSA before the form is submitted. If successful you use the WP approval letter and associated documentation to apply for WP entry clearance/ visa at the BHC in Pretoria.

That rule has changed as of June 19th, the company can now submit the form while the applicant is in the UK, they just need to request an out of country work permit by covering letter.

See paragraph 78 of the new B&C guidelines.
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Kayalami · Post by **Kayalami** » Sat Jul 01, 2006 9:42 am

Thanks for the heads up.

mxn · Post by **mxn** » Sat Jul 01, 2006 12:27 pm

Thank you so much to WoodieG and Kayalami for very much detailed information.

My wife is now pragnent and she is required bed rest and not able to go to work. So she left the job recently and I really do not want to give her any tensions even though we are just 1 year away for ILR.

I haven't thought of HSMP as I thought getting WP is quicker.

Based on your suggestions what we have decided to do is my company will apply for my WP around 24th July as an out of country WP.

We will go back to home country in the first week of August(definitly before current visa expires) and from there we will apply for entry clearence and dependent visa for my wife.

mxn · Post by **mxn** » Sat Jul 01, 2006 12:52 pm

Hi,

Looks like my wife is qualified for HSMP. I just checked over workpermit.com website and she has got 85 points in their HSMP points calculator.

I think I will call workpermit.com on monday and get more information on how to go ahead of it.

How much time it meight take for a decision on HSMP ? till the decision is made we should probably stop working after her current LTR expires.

if possible can you please give me some online links where i can get more information on HSMP

thanks once again as it never came to my mind to go ahead with HSMP.

WoodieG · Post by **WoodieG** » Sat Jul 01, 2006 1:53 pm

HSMP applications typically take 4 to 14 weeks. Your wife will need to apply for Leave to Remain too, she needs to do this before her visa expires even if the HSMP has not been decided. The good thing is that you can both continue to work on the terms of your existing visas, even after their expiry (as long as the LTR application is in before August 10th). The bad bit is that if the HSMP is rejected, the LTR will also be rejected and you'll be ?650 out of pocket.
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mxn · Post by **mxn** » Sat Jul 01, 2006 4:59 pm

hi woodie,

on what basis we need to apply for Leave to Remain as my wife has already quit her job? ofcourse its not yet 28 days since she has quit her job. so we are looking for alternatives

also how long will a out of country wp1 take to process ?

thanks

WoodieG · Post by **WoodieG** » Sat Jul 01, 2006 5:53 pm

If your wife is going to apply for HSMP she needs to apply for Leave to Remain before August 10th otherwise you're both here without a visa.

Work permits take between 1 and 3 weeks normally.
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mxn · Post by **mxn** » Tue Jul 04, 2006 3:52 pm

thank you so much.

garichd · Post by **garichd** » Tue Jul 11, 2006 11:17 am

One More thought..

After going thru OP.
What they want to do is dependent will move to WP and WP holder will move to Dependent.
I was wondering what would happen to their ILR in that case.
Can the Time spent in previous categories be (WP + WP Dependent OR vice versa) amalgamate ?

Any thoughts..

mxn wrote:Hi,

Iam working for a software company in london and iam on a dependant visa. The company I am working is sponsering my workpermit and have placed an advert today

I have a few questions.

Does the company need to advertise for the job as I am already working in the company, no where it is mentioned in the WP1 form about the conversion stuff....

My Wifes workpermit and my dependant visa is expiring in August 10. since company applied the advertisement for 4 weeks and after that apply for my workpermit, my visa and my wifes visa meight get expired by then.

can i and my wife wait legally in uk waiting for my workpermit( even though our visa expires) and since iam planning to convert my wifes workpermit to dependant visa can she stay legally in uk

can you please let me know ASAP..

thanks

olisun · Post by **olisun** » Tue Jul 11, 2006 7:09 pm

garichd wrote:One More thought..

After going thru OP.
What they want to do is dependent will move to WP and WP holder will move to Dependent.
I was wondering what would happen to their ILR in that case.
Can the Time spent in previous categories be (WP + WP Dependent OR vice versa) amalgamate ?

Any thoughts..

it depends on the "alertness" of the case worker... according to the rules it cannot amalgamate. but some people have got it and some have been rejected

rose20 · Post by **rose20** » Thu Jul 13, 2006 2:22 pm

Hi ,

I am in a similar situation.I spent my initial 1.5 yrs as dependant on WP
and 3.5 yrs on WP.

What are the chances of me getting ILR if I apply now?

I will be very grateful if any of the senior members can provide some advice.

or anybody with a similar background
who were successful in getting their ILR

Thanks & Regards
Rosy

mxn · Post by **mxn** » Sun Aug 27, 2006 7:18 pm

Thanks Everybody in helping me to get my workpermit and entry clearance without any issues.

Now iam still in my home country and planning to apply for dependant visa for my wife. DO i need to be in UK to apply for my wifes dependant visa ?

The docs i have to submit for my wifes dependant visa are

1. Employer Contract letter
2. Workpermit Original
3. Feb-July UK Bank statements(which shows i have enough funds and also has my uk residence address).
4. Marriage Certificate

For Accomodation, is my Bank Statement sufficient or i need to get Tenancy agreement from UK.

And am i missing any documents ?

thanks so much

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