Switching from HSMP dependant to work permit

venusvixem · Post by **venusvixem** » Sun Mar 23, 2008 6:05 pm

I am on HSMP dependant visa and my employer offered to get me work permit valid for 5 years. The lawyer said that this would mean that my countdown in UK will start again and the 2 years I have already spent won't be counted if I have to apply for leave to remain or citizenship. Is this true?

Is switching to work permit a good option?

netacct · Post by **netacct** » Sun Mar 23, 2008 10:53 pm

Yes, it is true. Think twice before switching form HSMP to WP.
WP to HSMP is OK.
Rules are changing every fortnight. Who knows HO might change ILR (PR) rule again.

If you have choice simply say NO and continue on HSMP.

If it becomes impossible that you wont qualify for HSMP then it would make sense.

venusvixem · Post by **venusvixem** » Mon Mar 24, 2008 10:09 am

From which website I can read all these rules?

www.bia.homeoffice.gov.uk does not have all the information, specially for HSMP dependants.

Post by **Administrator** » Mon Mar 24, 2008 2:42 pm

.

Moved from job section to UK general immigration (which covers work permits).

the Admin

olisun · Post by **olisun** » Mon Mar 24, 2008 10:44 pm

netacct wrote:Yes, it is true. Think twice before switching form HSMP to WP.
WP to HSMP is OK.
Rules are changing every fortnight. Who knows HO might change ILR (PR) rule again.

If you have choice simply say NO and continue on HSMP.

If it becomes impossible that you wont qualify for HSMP then it would make sense.

It doesn't make any difference to the OP as he is current on a dependant visa and time spent under the dependant visa will NOT be counted when applying for ILR on his / her own after 5yrs of Legal stay...

netacct · Post by **netacct** » Mon Mar 24, 2008 10:54 pm

Sorry, I was wrong.
For dependent visa it should not make any difference.

Post by **vinny** » Mon Mar 24, 2008 11:16 pm

olisun wrote:It doesn't make any difference to the OP as he is current on a dependant visa and time spent under the dependant visa will NOT be counted when applying for ILR on his / her own after 5yrs of Legal stay...

However, it will make a difference when the main HSMP holder applies for ILR. Dependants may be included, but non-dependants may not (194-199).

venusvixem · Post by **venusvixem** » Wed Mar 26, 2008 11:48 am

Vinny you are right .

I have checked with a very good lawyer and she has confirmed that both dependant and HSMP holder can apply for ILR at the same time and clock is ticking for both of them. They should acoid switching the type of Visa they hold.

ismangil · Post by **ismangil** » Thu Mar 27, 2008 1:02 pm

venusvixem wrote:I am on HSMP dependant visa and my employer offered to get me work permit valid for 5 years. The lawyer said that this would mean that my countdown in UK will start again and the 2 years I have already spent won't be counted if I have to apply for leave to remain or citizenship. Is this true?

Is switching to work permit a good option?

The only reason a dependant would switch to a work permit or HSMP in his/her own right is if it is feared that the main HSMP/Work permit holder will not be able to have an extension before 5 years period.

However in the new Tier 1 PBS even this way is not allowed now, as dependants are not allowed to switch!

netacct · Post by **netacct** » Thu Mar 27, 2008 5:50 pm

What if dependent live UK for a short time and applies from outside UK?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Switching from HSMP dependant to work permit

Switching from HSMP dependant to work permit

Re: Switching from HSMP dependant to work permit