SWITICHING FROM WORK PERMIT TO TIER 1 DEPENDENT OF WIFE

[coolguycp1]

I am on a 5 year work permit since Oct 2006. I am out by a month for applying for a permanent residency after 5 years since there is 31 days gap between the expiry of my visa and completion of 5 years. In order to cover this gap and become eligible for permanent residency, I will have to apply for an extension under transitional arrangements.

I am not sure if my company will be given CoS for my extension application due to the cap in place. I myself also cannot switch to Tier 1 now as I do not have sufficient points.

However, my wife, who is here as my dependent since Dec 2007, and was self employed from June 2008 until Jul -2009. She took maternity leave after that and has not joined back until now.

Tier 1 guidelines have special provisions for maternity related absences when calculating earnings. In my case, can she show her earnings for the period June 2008 until Jul -2009 when she was working and apply for Tier 1? She has enough points for earnings and other categories to be eligible for Tier 1.

Also, I was thinking of switching on as her dependent so that I also get a 2 year visa which, in combination with my present work permit, will make me eligible for permanent residency. Can seniors advise if doing this may hamper my getting permanent residency and/or citizenship application later as per the current rules?

[aruni4470]

You will not be able to apply for ILR with a combination of work permit and tier 1 dependant. If you wife applies for tier 1 and you become her dependant, you need to wait till you wife is eligible for ILR.

[geriatrix]

If you wife applies for tier 1 and you become her dependant, you need to wait till you wife is eligible for ILR.

in 2015, assuming the rules do not change in the interim e.g. - probationary citizenship).


regards

[MJNair]

IF you look at the case worker instructions for settlement applications from work permit/Tier 2, I think they provide a grace period of up to 3 months if all other conditions are met... That was my interpretation... I am not sure though...

http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

[geriatrix]

IF you look at the case worker instructions for settlement applications from work permit/Tier 2, I think they provide a grace period of up to 3 months if all other conditions are met... That was my interpretation... I am not sure though...

http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

MJNair, well spotted!

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

However, as per OP in his earlier posts:

I have a 5 year work permit which will expire in Sep 2011. There is a gap of 36 days between the date of issue of the visa and the date of my arrival in UK.

I received my Tier 1 visa in Jul 10. I have now received an offer of employment from a UK company and will need to join by mid Sep 10.

Therefore the concession will not apply to OP if the claim of Tier 1 visa is true as the Tier 1 visa invalidates the WP visa.

But if OP continues to be in the UK on his 5 yr. WP visa, then caseworker discretion should be in the OP's favor.


regards