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ILR
Posted: Sun Jul 31, 2011 6:47 pm
by manika
Hi All,
Background: My husband is on HSMP (April-November 06) covered by judicial review he will qualify for ILR this September 2011.
I joined him in UK on in August 2009 on a Dependent Visa.
Then my employer in India offered me a job in UK so, so I went back to India in September 2009 and changed my visa status to Tier 2 (Intra-company transfer) in October 2009. Since then I have been on Tier 2 visa (valid till June 2012)
My Query: Would I qualify for ILR with him in September 2011 since I have been living with him in UK for past 2 years and Home Office already recognised our marriage which was the basis of dependent visa stamped in April 2009.
Posted: Mon Aug 01, 2011 12:28 am
by vinny
Unfortunately, no; because you changed your status and is no longer his dependant.
Dependant holders may work. I don't understand why you decided to change status, putting you at a disadvantage.
Posted: Mon Aug 01, 2011 12:35 am
by gidoc
Then my employer in India offered me a job in UK so, so I went back to India in September 2009 and changed my visa status to Tier 2 (Intra-company transfer) in October 2009
It is quite odd, that you gave up your dependant visa for a job, which did not require you in the first place to take any additional visa at all!!
Re: ILR
Posted: Mon Aug 01, 2011 8:23 am
by xyz123
manika wrote:
My Query: Would I qualify for ILR with him in September 2011 since I have been living with him in UK for past 2 years and Home Office already recognised our marriage which was the basis of dependent visa stamped in April 2009.
Not unless you change your visa status to become his dependant before his ILr application.
ILR
Posted: Mon Aug 01, 2011 8:42 am
by manika
Many thanks for your reply.
by putting me in Tier 2 employer's strategy is to restrict me from switching into jobs freely, as you need a sponsorer if you change your job, with dependent visa that would have been easily possible.
Posted: Mon Aug 01, 2011 8:54 am
by vinny
Did they say that if you had remained a dependant, then they wouldn't have hired you?
ILR
Posted: Mon Aug 01, 2011 7:23 pm
by manika
I had discussed the option of working on dependent visa but my company didn't agree for it and thus I had to change it to Tier 2.
If I had remained on dependent visa, they wouldn't have offered me the position in UK.
It is the practice followed by many Indian IT companies. They do not allow their employees to work abroad on dependent visas.
Posted: Mon Aug 01, 2011 7:31 pm
by gidoc
Then my employer in India offered me a job in UK so, so I went back to India in September 2009 and changed my visa status to Tier 2 (Intra-company transfer) in October 2009
That sounds like discrimination!
Posted: Wed Aug 03, 2011 1:11 pm
by xyz123
gidoc wrote:Then my employer in India offered me a job in UK so, so I went back to India in September 2009 and changed my visa status to Tier 2 (Intra-company transfer) in October 2009
That sounds like discrimination!
What else do we expect from all these indian companies sending people to UK?
