SWITCHING WORK PERMIT DEPENDANTS TO TIER 1 DEPENDANTS

[Zakir17]

Hi All,

Finally I got my initial TIER 1 (General) approval last week. I was on old work permit (Not PBS) which I got in March 2008. I was given notice by my employer in March which would have cancelled my work permit so decided to apply for TIER 1 (General).

I have wife & daughter who are dependants on my work permit. Unfortunately I did not have sufficient maintenance funds to apply for the dependants so decided to apply just for myself at that time because TIER 1 (General) was closing down.

I would appreciate if seniors or someone who had same situation clarify the following queries:-

1. Is their status in UK is legal as they are still dependant on previous visa which is not valid any more?

2. Can I apply for dependants’ visa in UK as they are already here on dependant visa?

3. How soon I should apply dependants’ visa?

4. How much maintenance funds I should keep it in my account?

With thanks,

Zakir

[geriatrix]

What is the expiry date of the WP leave of the dependants?
Are you sure that your employer has submitted a NPEE to UKBA?

[Zakir17]

They have leave upto 13th March 2013.

As far as NPEE is concerned my employer did not submit it because I was put on consultation in the first place in which I had to apply for my own job, after few weeks I was shortlisted and appeared for the interview and finally got successful. But the whole process took a bit of time (around 2 months), my job was at risk as some other staff also applied for the same position which made me worried so just decided to apply for TIER 1. I gave my TIER 1 approval details (BRP card & letter from HO) to HR to update my details within the company.

Kind regards,

Zakir.

[geriatrix]

I believe your dependant(s) should apply for leave to remain as Tier 1 (General) dependant(s) before your employer informs UKBA that your sponsorship is to be terminated (e.g. - end of employment, change of status to Tier 1 (General) therefore no sponsorship required, etc.).
2. Yes.
3. In line with 1 above.
4. See Guidance - Tier 1 (General) Dependent application.

[Zakir17]

Hi Sushdmehta,

Thanks for the response, its much appreciated.

As I provided Tier 1 details to my employer, company`s HR stated that I have no longer restrictions with the company and they did not mention that they will notify HO regarding sponsorship to be terminated, etc.

Could you please also comment on the following:-

Can my dependants travel home with same visa ?
Would that be any problem if they come back to UK ?
What about if dependants dont switch and still remain on the same visa and apply later with me once my ILR is up in 2013 ?

Thanks again,

Zakir.

[geriatrix]

As I provided Tier 1 details to my employer, company`s HR stated that I have no longer restrictions with the company and they did not mention that they will notify HO regarding sponsorship to be terminated, etc.

It is the sponsor's duty to inform UKBA.

Can my dependants travel home with same visa ?
Would that be any problem if they come back to UK ?
What about if dependants dont switch and still remain on the same visa and apply later with me once my ILR is up in 2013 ?

1. They may travel abroad but if they do they should apply for entry clearance as Tier 1 (General) dependant before returning to UK, else they may be refused entry under 321A(1).
2. As above.
3. Not possible.

[Zakir17]

Sushdmehta,

Thank you very much for all the info.

God bless you.