WHV to dependant of HSMV in Country? (Help please JOHN!)

[kiwiguy2004]

Hi All,

Is it possible to switch from a WHV to a dependant based on a partners HSMV in a de-facto relationship.

I know what information to provide for the de-facto side of things. Just want to know definitavely if this can be done in country & if so what form is used.

John, relevant legislation covering this would be much appreciated.

Thanks
Heaps!!!

[John]

You have addressed this to me but there are undoubtedly other people much more knowledgeable about the relevant area.

It is not a coincidence that whilst I am a moderator of some other areas of this board, I am not a moderator of the HSMP section.

Others to reply please.

[Chess]

the switching rules are quite clear and it is NOT possible to switch to depedant in-country.

If you have all the relevat documentation then you can apply for depedant Visa from Homecountry based on your de-facto relationship

good luck

[kiwiguy2004]

Hi Chess,

Thanks for your quick response.

You state the rules are clear, can you point me to the legislation or guidance you have relied on.

I presume this is a new measure that came in with the other recent changes to WHV.

Thanks again.

[Chess]

http://www.workingintheuk.gov.uk/workin ... ing__.html

As a depedant you have to go and APPLY from your home country

Good Luck

[f2k]

I thought the 'Rules on Switching' worked the other way round i.e it would affect you if you were moving from dependent to HSMP visa or WP. Can you not make the other move though i.e WHV or WP or HSMP to dependent, what about the form FLR(O), i think you might want to investigate using that
http://www.ind.homeoffice.gov.uk/ind/en ... _form.html

[kiwiguy2004]

Chess,
The leaflet in the link you have referred to talks about switching from various visas into a work permit or HSMV, & I can't see where it references dependants at all.

Also what is the difference between FLR(M) & SET(M). I can't see why anyone would apply for FLR(M) when SET(M) exists.

[John]

Well that I can answer.

Form FLR(M) ... for example ... someone granted fiancé(e) visa abroad .... comes to UK ... gets married ... uses form FLR(M) to get two-year spouse visa.

Then nearly two years later will use form SET(M) to get their ILR visa.

[kiwiguy2004]

Just spoke to Work Permits, they confirmed that the only switches allowable in country for a WHV are to Innovator or HSMV (might have been one other too) & definitely not to a dependenat of either of these.

The dependant would need to leave the UK & return to their country of residence & apply for EC at the corresponding British Embassy. You would need to provide proof of HSMV,i.e. the IED letter but not passport & the HSMV holder wouldn't need to return as well.

[MrBaboo]

Obviously there is some discretion available to the application processor to allow applications outside the rules. For example my partner (on a WHM visa) switched in-country to an unmarried partner visa based on my in-country switch (WHM->WP) earlier this year.

Work Permits also confirmed to me prior to our application that this was not possible. If you don't mind the fee and the potential that it may be wasted should your application be denied, you might just want to try it.

Alternatively I'm sure the UK embassy in NZ has a same day visa approval process should your partner want to return home to make the application.

PS: Facts that may or may not have contributed to the plain sailing of our application outside the rules:

• My partner's application for FLR as an unmarried partner was made on the same form as my FLR application as a IED holder.

• The application was submitted by a solicitor.

• The application's documentary evidence of the relationship was extensive and very well organised.