HSMP Dependant changing to Work Permit

[Veejaycbe67]

Hi,

I have migrated to U.K on HSMP Visa during May 2005. I also acquired 3 year extension in March 2006. Its now valid till May 2009. As of now I have 85 points in accordance with the new rules.
I am a software professional working for a MNC. My husband who is on HSMP dependant visa is also employed with a MNC for the past 1year and 2 months as an electrical engineer.
As the rules for extending HSMP visa is changing, we are thinking to convert my husband's visa to work permit, so that we can be safe even if my HSMP visa is unfortunately rejected later in 2009.His company is willing to sponsor for the WP.

I wish to clarify the following:

(1) Is it possible for him to convert to WP from HSMP dependant
(2) Will there be any difficulty for the company to sponsor for WP since he is already employed for the past 1+ years
(3)Can I still hold HSMP while he is on WP
(4)Should he & I (if required at a later date) have to go to our country for converting to WP
(5)Can I convert my HSMP to WP dependant later if need arises
(6)Is this a wise idea?

Can you guys throw some light please?

Regards,
Aries

[hsmpwpilr]

(1) Is it possible for him to convert to WP from HSMP dependant
Absolutely.

(2) Will there be any difficulty for the company to sponsor for WP since he is already employed for the past 1+ years
Nope.

(3)Can I still hold HSMP while he is on WP
Yes.

(4)Should he & I (if required at a later date) have to go to our country for converting to WP
Only he needs to get entry clearnace as Work permit holder from his original country. Your status remains unchanged as HSMP holder.

(5)Can I convert my HSMP to WP dependant later if need arises
Yes you can. If you decide to change your status from HSMP to WP dependent, you'll need to go to your country to apply new entry clearnace. Mind well, that this change of status will disqualify your stay in UK for ILR purposes. Strongly not recommended. You should instead try to get yourself work permit if possible.

(6)Is this a wise idea?
It's a good idea especially with ever changing HSMP qualification rules.

[Veejaycbe67]

Thanks for quick reply.

What do you mean by disqualify for ILR purposes? - do you mean to say time spent in HSMP visa would not counted for ILR (ie clock reset) or I am not eligible to apply for WP dependant visa?

Regards
Aries

[hsmpwpilr]

clock reset

[Kelvin]

(1) Is it possible for him to convert to WP from HSMP dependant

Why not ? He definitely can be treated as an individual applicant to any Work Permit visa in UK, regardless what status he is now.

(2) Will there be any difficulty for the company to sponsor for WP since he is already employed for the past 1+ years

The only difficulty I can foresee is all the hassles the company will have to go through when it comes to the prove of "labor market test", which means, your husband can only be hired if there is sufficient evidence to show there is no suitable UK and EU candidates to take the job your husband is doing, which I believe, isn't the case why he got the visa under the dependent visa, which in fact, has unlimited work permit already.

(3)Can I still hold HSMP while he is on WP

Of course, you can. The only difference between what you have now and future is the bundle of independent and dependent will be broken into two independent visas, one is your HSMP visa, another one is your husband's WP visa.

(4)Should he & I (if required at a later date) have to go to our country for converting to WP

I think you can still file an in-country application for HSMP to WP, while your husband will be highly likely to be required to go back his original country to make the application for WP visa because in nature, he doesn't have a resident visa here, but dependent on you.

(5)Can I convert my HSMP to WP dependant later if need arises

Yes, you can - if the under rule will remain changed in the future.

(6)Is this a wise idea?

Yes, I will believe two independent visas will be always safer than one - if not better, for example, when you need to go for the tribunal as less sympathy might be gained by the court.

[Kelvin]

As long as I understand, the Clock Reset thing has not been put in written yet - we need to wait and see what the outcome of HSMP Forum JR will be.