Need a bit of Advice . . .

[jay101]

Hi ,

I am currently on my HSMP visa and am planning to get married in Scotland in August. My gf is on a student visa and is completing her masters in sept 07 from london and i stay/work in glasgow.
Could anyone pls tell me the process tht is required to change her status from a student visa to being my dependant on the HSMP as tht would remove most restrictions on her for looking for a job etc . . .
I knw tht we have to use the FLR(O) form but after looking at the form it did not say much bout the application as a dependant, as to exactly what paperwork is reqd ?

If someone could reply and help me clear these doubts it will be a gr8 help

Cheers . . .

[Docterror]

After getting married your wife will have to leave the country and apply for the HSMP dependant visa from the British Embassy in her home country. It is not possible to make and in-country switch from a student to the HSMP dependant visa.

[transpondia]

Chapter 8 of the IDI's provide for the no switching rule to be waived if all the other conditions are met.

[Docterror]

HSMP holders are not considered to be "present and settled" and the immigration rules governing the extension of stay as a spouse of a person with Limited Leave to Remain is 196A of which (v) is, and I quote-

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.

I may be wrong but I did not find any mention about waiving the no switching rule anywhere.

[transpondia]

HSMP holders are not considered to be "present and settled" and the immigration rules governing the extension of stay as a spouse of a person with Limited Leave to Remain is 196A of which (v) is, and I quote-

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.

I may be wrong but I did not find any mention about waiving the no switching rule anywhere.

You appear to be reading from a rule which is not appropriate to the OP's enquiry. 'Present and settled' is a different category from HSMP. Try IDI Chapter 8, S9, para 2.2.

The JCWI manual also makes it pretty clear.

Although the IDI's are not statutorily provisioned, if the application meets all the other criteria, then they can be used to waive the switching rule.

[Docterror]

HSMP holders are not considered to be "present and settled"

You appear to be reading from a rule which is not appropriate to the OP's enquiry. 'Present and settled' is a different category from HSMP.

Sorry if I appear rude, but open your eyes and read a post before you actually reply!

The entire Paragraph 2 of Section 9 of Chapter 8 is regarding leave to ENTER for UNMARRIED PARTNERS of a person who is "present and settled" (or being admitted for settlement). Since HSMP falls under a category of immigration rules governing the work permit, the OP is neither "present and settled" and his wife will not be an unmarried partner, section 9 is definitely not the place to be searching for the relevant information.

If there is no accessible IDIs about waiving the no-switching rule, I would refrain from making advices based on it.

[transpondia]

Sorry, the sections have been renumbered recently and I was using my February copy of the IDI's. Wrong section number. If that's your point, then ok.

None the less, the policy instruction is clear and I have just now confirmed it with the BIA.

It was certainly not my intent to cross swords with a whacko, but there have been so many cases where an individual has been sent home to apply when they didn't have to. Your post is a good case in point.

Here's some relevant material by the way:

"...the rules do not permit switching for spouses/partners who are already in the UK in some other category. Officers may, however, waive the no-switching requirement if they are satisfied that all the other requirements are met... if the application is successful, leave to enter or remain will normally be granted for the same length of time as the spouse or partner who is a worker, business-person, etc..."

The last word is yours if you want it...

[Docterror]

Sorry, the sections have been renumbered recently and I was using my February copy of the IDI's. Wrong section number. If that's your point, then ok.

It was certainly not my intent to cross swords with a whacko, but there have been so many cases where an individual has been sent home to apply when they didn't have to. Your post is a good case in point.

That alone was not my point. Using the wrong section, then telling me I am reading the wrong rule pertaining to the OP's query and then citing something that I have already cited with an inclination that I am wrong all makes it clear to anyone who do not have a personal axe to grind with me about who the real wacko in the above thread is.

But I have no intentions of lowering myself into name calling and would appreciate getting my hands on the source of the "relevant material" that you have cited so that I can rectify myself in the remote possibilty that I am wrong. And also do me another favour and do read my post and think atleast a little before you reply.

[jay101]

thanks guys ...

i have been trying to locate a information booklet which relates to people who are under the HSMP category and their dependants directly rather than trying to figure out rules from inf booklets for people under the PR or the Work permit. Ny clue where I can find it ?
Also, ny clue if my wife can work in the UK once she gets her visa as my dependant on the HSMP ?
is it a better idea to get the SEGS and then apply after 12 months for her dependant visa ? does it make a diff ? her main concern being her being granted permission to work in the UK after she gets the visa, hence the question.

thanks again ...

Jay