ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
manika
Newly Registered
Posts: 10
Joined: Sun Jul 31, 2011 6:40 pm

ILR

Post by manika » Sun Jul 31, 2011 6:47 pm

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.
Top
vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 01, 2011 12:28 am

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.
Last edited by vinny on Mon Aug 01, 2011 12:35 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
Top
gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Mon Aug 01, 2011 12:35 am

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!!
Top
xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ILR

Post by xyz123 » Mon Aug 01, 2011 8:23 am

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.
Top
manika
Newly Registered
Posts: 10
Joined: Sun Jul 31, 2011 6:40 pm

ILR

Post by manika » Mon Aug 01, 2011 8:42 am

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.
Top
vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 01, 2011 8:54 am

Did they say that if you had remained a dependant, then they wouldn't have hired you?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
Top
manika
Newly Registered
Posts: 10
Joined: Sun Jul 31, 2011 6:40 pm

ILR

Post by manika » Mon Aug 01, 2011 7:23 pm

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.
Top
gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Mon Aug 01, 2011 7:31 pm

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!
Top
xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Aug 03, 2011 1:11 pm

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? :lol:
Top
Locked

Return to “Indefinite Leave to Remain”