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HSMP dependent visa to Tier 1 visa

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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goodssb
Junior Member
Posts: 88
Joined: Fri Jan 04, 2008 9:43 am

HSMP dependent visa to Tier 1 visa

Post by goodssb » Wed Oct 28, 2009 9:32 am

Hi guys,

My wife is working in the UK with an HSMP visa, depending on me. She has earned enough points to apply for Tier 1 visa herself.

1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.

2. Does she have to be in full time employment when she is applying?

Thanks a lot for any comments

Regards

goodssb

mvent00
Diamond Member
Posts: 1003
Joined: Thu Apr 16, 2009 10:18 am

Re: HSMP dependent visa to Tier 1 visa

Post by mvent00 » Wed Oct 28, 2009 10:15 am

She cannot do so. To see possible Tier 1 switching routes, please see http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf page 12 of 44.
goodssb wrote:Hi guys,

My wife is working in the UK with an HSMP visa, depending on me. She has earned enough points to apply for Tier 1 visa herself.

1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.

2. Does she have to be in full time employment when she is applying?

Thanks a lot for any comments

Regards

goodssb

goodssb
Junior Member
Posts: 88
Joined: Fri Jan 04, 2008 9:43 am

Re: HSMP dependent visa to Tier 1 visa

Post by goodssb » Wed Oct 28, 2009 8:32 pm

mvent00 wrote:She cannot do so. To see possible Tier 1 switching routes, please see http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf page 12 of 44.
goodssb wrote:Hi guys,

My wife is working in the UK with an HSMP visa, depending on me. She has earned enough points to apply for Tier 1 visa herself.

1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.

2. Does she have to be in full time employment when she is applying?

Thanks a lot for any comments

Regards

goodssb
Really? So once a dependant, never be a main visa holder?

The guidance mentions nothing about dependent, neither does the other part of their website actually. Maybe in page 12 HSMP visa includes HSMP independent visa? because her visa is exactly as mine, no mention that she is a dependent on her visa

mvent00
Diamond Member
Posts: 1003
Joined: Thu Apr 16, 2009 10:18 am

Re: HSMP dependent visa to Tier 1 visa

Post by mvent00 » Wed Oct 28, 2009 8:59 pm

goodssb wrote:
mvent00 wrote:She cannot do so. To see possible Tier 1 switching routes, please see http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf page 12 of 44.
goodssb wrote:Hi guys,

My wife is working in the UK with an HSMP visa, depending on me. She has earned enough points to apply for Tier 1 visa herself.

1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.

2. Does she have to be in full time employment when she is applying?

Thanks a lot for any comments

Regards

goodssb
Really? So once a dependant, never be a main visa holder?

The guidance mentions nothing about dependent, neither does the other part of their website actually. Maybe in page 12 HSMP visa includes HSMP independent visa?

because her visa is exactly as mine, no mention that she is a dependent on her visa
Page 12 mentions only available routes to Tier 1 within UK, and no dependent category is mentioned there. You said that she is working in UK on HSMP visa, depending on you. What will happen if you apply for extenstion? You can fill this form, while she still have to fill the other one-- Tier 1 dependent form.

tvn_ramesh
Diamond Member
Posts: 3158
Joined: Fri Sep 21, 2007 7:52 pm
Location: Sussex

Re: HSMP dependent visa to Tier 1 visa

Post by tvn_ramesh » Thu Oct 29, 2009 10:22 am

goodssb wrote: 1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.
Dependents need to go back to their home country and apply for as Tier1(G) main


Please read this from the above link:

The immigration categories from which you can switch into the highly skilled worker category
If you are in the United Kingdom and wish to stay as a highly skilled worker, you will need to be sure that you can switch into this category.

http://www.ukba.homeoffice.gov.uk/worki ... s/#header1


Switching into this category is allowed if you currently hold leave in the following categories:

Highly Skilled Migrant Programme (HSMP);
Fresh Talent: Working in Scotland;
International Graduates Scheme (IGS);
innovator;
postgraduate doctor or dentist;
student;
student nurse;
student re-sitting an exam;
student writing up a thesis;
work permit holder;
business person;
self-employed lawyer;
writer,composer or artist;
entrepreneur (tier 1);
investor (tier 1);
post-study worker (tier 1);
a skilled worker (tier 2 General);
an intra-company transferee (tier 2);
a minister of religion (tier 2); or
a sportsperson (tier 2);
2. Does she have to be in full time employment when she is applying?
No she dont need to have one actively now.. only thing is she needs to able to demonstrate earnings as required... 12consecutive months in the last 15months salary

goodssb
Junior Member
Posts: 88
Joined: Fri Jan 04, 2008 9:43 am

Re: HSMP dependent visa to Tier 1 visa

Post by goodssb » Thu Oct 29, 2009 1:08 pm

mvent00 wrote:
goodssb wrote:
mvent00 wrote:She cannot do so. To see possible Tier 1 switching routes, please see http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf page 12 of 44.
goodssb wrote:Hi guys,

My wife is working in the UK with an HSMP visa, depending on me. She has earned enough points to apply for Tier 1 visa herself.

1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.

2. Does she have to be in full time employment when she is applying?

Thanks a lot for any comments

Regards

goodssb
Really? So once a dependant, never be a main visa holder?

The guidance mentions nothing about dependent, neither does the other part of their website actually. Maybe in page 12 HSMP visa includes HSMP independent visa?

because her visa is exactly as mine, no mention that she is a dependent on her visa
Page 12 mentions only available routes to Tier 1 within UK, and no dependent category is mentioned there. You said that she is working in UK on HSMP visa, depending on you. What will happen if you apply for extenstion? You can fill this form, while she still have to fill the other one-- Tier 1 dependent form.
just because I might not be able to renew my visa due to short of earnings. so she wants to apply herself for secure of minds.

goodssb
Junior Member
Posts: 88
Joined: Fri Jan 04, 2008 9:43 am

Re: HSMP dependent visa to Tier 1 visa

Post by goodssb » Thu Oct 29, 2009 1:09 pm

tvn_ramesh wrote:
goodssb wrote: 1. Can she apply her own Tier 1 visa in the UK, or will she have to go back to our own country to do this? As I know from HSMP visa to HSMP dependent visa, I will have to go back to my own country.
Dependents need to go back to their home country and apply for as Tier1(G) main


Please read this from the above link:

The immigration categories from which you can switch into the highly skilled worker category
If you are in the United Kingdom and wish to stay as a highly skilled worker, you will need to be sure that you can switch into this category.

http://www.ukba.homeoffice.gov.uk/worki ... s/#header1


Switching into this category is allowed if you currently hold leave in the following categories:

Highly Skilled Migrant Programme (HSMP);
Fresh Talent: Working in Scotland;
International Graduates Scheme (IGS);
innovator;
postgraduate doctor or dentist;
student;
student nurse;
student re-sitting an exam;
student writing up a thesis;
work permit holder;
business person;
self-employed lawyer;
writer,composer or artist;
entrepreneur (tier 1);
investor (tier 1);
post-study worker (tier 1);
a skilled worker (tier 2 General);
an intra-company transferee (tier 2);
a minister of religion (tier 2); or
a sportsperson (tier 2);
2. Does she have to be in full time employment when she is applying?
No she dont need to have one actively now.. only thing is she needs to able to demonstrate earnings as required... 12consecutive months in the last 15months salary
that's really a bad news...

mvent00
Diamond Member
Posts: 1003
Joined: Thu Apr 16, 2009 10:18 am

Re: HSMP dependent visa to Tier 1 visa

Post by mvent00 » Thu Oct 29, 2009 1:13 pm

goodssb wrote: just because I might not be able to renew my visa due to short of earnings. so she wants to apply herself for secure of minds.
So, safest way would be that if you are unable to extend, your wife should prepare documents in advance for her application, and as soon as these are ready, you can go back to your home country and apply for Tier 1 visa. You should take help of this forum to prepare your documents and discuss if you have any problems while preparation of Tier 1 application. Wish you all the best.

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