CAN ANYONE UNWIND MY PROBLEM PLEASE?

[autocrazy]

Please help me unwind my problem!!!

1. I entered UK as a student in Sept 2005 and completed my MSc. I switched to SEGS in Jan 2007, valid until Jan 2008. I am employed as a trainee engineer since Nov 2006, with a pay of £ 14k p.a. However the company also provides me accomodation and this is declared on my P11D as £ 8400 p.a. Thus the total should read - £ 22,400. This will comfortably make me eligible for HSMP, however as far as I know the HO asks for salary slips as proof and if that is the case it will only read £ 14k. Do I have a case? Can I argue I am actually paid £ 22400 inclusive of benefits?

2. My wife managed to get a PhD while she was my SEGS dependent, this makes her eligible for a Student Visa possibly until 2011. As my visa expires Jan 2008, I thought it is best to switch my visa from SEGS to being her dependent. However if I am eligible for HSMP I would prefer it over a student dependent visa.

3. If I am not eligible for HSMP this year (as questioned in point 1), I would become a student dependent and next year (with a pay raise) I would want to apply for HSMP. However I understand that I cannot apply from student dependent to HSMP in UK. Which means (correct me, if I am wrong) I shall have to go back to India and apply, if that is the case, I have two questions (a) How long is the processing time for HSMP from India (as I shall be employed in UK and in best case can manage about 20 days leave!) (b) Can I switch to any other visa (Work Holiday Maker?) so that at the end of it I can be eligible for HSMP.

Guidance will be much appreciated on the above. Sorry for being long, but I had to explain my current situation.

[roy_rajat]

Please help me unwind my problem!!!

1. I entered UK as a student in Sept 2005 and completed my MSc. I switched to SEGS in Jan 2007, valid until Jan 2008. I am employed as a trainee engineer since Nov 2006, with a pay of £ 14k p.a. However the company also provides me accomodation and this is declared on my P11D as £ 8400 p.a. Thus the total should read - £ 22,400. This will comfortably make me eligible for HSMP, however as far as I know the HO asks for salary slips as proof and if that is the case it will only read £ 14k. Do I have a case? Can I argue I am actually paid £ 22400 inclusive of benefits?
you cannot include anything as your earnings for which you cannot provide two pieces of evidence. So essentially, you can only claim earnings which you can show in your bank account/P60/Pay slips. Is your tax calculated as 22.4K p.a? i guess not.

2. My wife managed to get a PhD while she was my SEGS dependent, this makes her eligible for a Student Visa possibly until 2011. As my visa expires Jan 2008, I thought it is best to switch my visa from SEGS to being her dependent. However if I am eligible for HSMP I would prefer it over a student dependent visa.

This seems to be your best option!!!

3. If I am not eligible for HSMP this year (as questioned in point 1), I would become a student dependent and next year (with a pay raise) I would want to apply for HSMP. However I understand that I cannot apply from student dependent to HSMP in UK. Which means (correct me, if I am wrong) I shall have to go back to India and apply, if that is the case, I have two questions (a) How long is the processing time for HSMP from India (as I shall be employed in UK and in best case can manage about 20 days leave!) (b) Can I switch to any other visa (Work Holiday Maker?) so that at the end of it I can be eligible for HSMP.

You dont need to go to India for the initial HSMP application. Once it gets approved you would need to go to India to get the EC. I am not sure if you would be eligible for working holiday maker, but if you opt to become a dependent...any change from this catagory would require you to obtain EC from India!!!!

Guidance will be much appreciated on the above. Sorry for being long, but I had to explain my current situation.

[autocrazy]

You dont need to go to India for the initial HSMP application. Once it gets approved you would need to go to India to get the EC. I am not sure if you would be eligible for working holiday maker, but if you opt to become a dependent...any change from this catagory would require you to obtain EC from India!!!!

[/quote]


Thanks for your reply.

Does this mean that next year I can appy for HSMP (with my visa status as Student Dependent) from UK, when it gets approved, I should return to India get a EC and then can return on a HSMP visa? Is it that simple or am I missing something? Would my visa status as a student dependent be any hindrance to my HSMP application?

If I can get HSMP by this route, I would much appreciate if you could provide a link that shall explain me this so that I can rest assure. Should my wife then, also change her status from Student to a HSMP dependent visa?

[roy_rajat]

Thanks for your reply.

Does this mean that next year I can appy for HSMP (with my visa status as Student Dependent) from UK, when it gets approved, I should return to India get a EC and then can return on a HSMP visa? Is it that simple or am I missing something? Would my visa status as a student dependent be any hindrance to my HSMP application?
As far as i know you can always apply for HSMP as long as you meet their point requirements with proper evidence. EC might take a little bit of time.

If I can get HSMP by this route, I would much appreciate if you could provide a lou can read the ink that shall explain me this so that I can rest assure. Should my wife then, also change her status from Student to a HSMP dependent visa?
it is always good to have HSMP as you are not bound to your employer. I dont know of any specific link to clarify your situatuon. you can have a look at the working-in-uk website.

[autocrazy]

Thanks a ton for the reassurance. Would you know how long EC takes from Bombay?

I am visiting Bombay this October to convert my visa to a student dependent, which will require entry clearance. Hope it happens in a week's time. Would the EC for HSMP differ in time?

[pantaiema]

They will only consider it if it is declared on your wage slip and normally taxable.

Please help me unwind my problem!!!

1. I entered UK as a student in Sept 2005 and completed my MSc. I switched to SEGS in Jan 2007, valid until Jan 2008. I am employed as a trainee engineer since Nov 2006, with a pay of £ 14k p.a. However the company also provides me accomodation and this is declared on my P11D as £ 8400 p.a. Thus the total should read - £ 22,400. This will comfortably make me eligible for HSMP, however as far as I know the HO asks for salary slips as proof and if that is the case it will only read £ 14k. Do I have a case? Can I argue I am actually paid £ 22400 inclusive of benefits?

2. My wife managed to get a PhD while she was my SEGS dependent, this makes her eligible for a Student Visa possibly until 2011. As my visa expires Jan 2008, I thought it is best to switch my visa from SEGS to being her dependent. However if I am eligible for HSMP I would prefer it over a student dependent visa.

3. If I am not eligible for HSMP this year (as questioned in point 1), I would become a student dependent and next year (with a pay raise) I would want to apply for HSMP. However I understand that I cannot apply from student dependent to HSMP in UK. Which means (correct me, if I am wrong) I shall have to go back to India and apply, if that is the case, I have two questions (a) How long is the processing time for HSMP from India (as I shall be employed in UK and in best case can manage about 20 days leave!) (b) Can I switch to any other visa (Work Holiday Maker?) so that at the end of it I can be eligible for HSMP.

Guidance will be much appreciated on the above. Sorry for being long, but I had to explain my current situation.