Student dependent visa to work permit visa

Hi,

I'm a bit of a lurker, though your advice was invaluable when my husband and I moved here last August. We are now trying to figure out how to stay, and I was wondering if anyone could help me figure out our visa situation.

I am on a student visa until January 2007. My husband is an infrastructure engineer (shortage occupation) and has been working for a firm (on his student-dependent visa) since September. We are both from the US. They want to sponsor his work permit, but we are confused about the process involved.

Will we have to leave the country before they can apply for the WP, or can they do it while he's still working here? Someone told us that it's possible for him to leave the country for one day while the WP is applied for, then he can come back, and we can make an appointment and fly to NYC. That would be much more convenient/cheap than flying home to stay for the month the whole process would take by mailing everything.

We plan to do this soon, so that I can take a full-time position here as soon as possible with a spousal permit. (I'm in journalism, so it's very unlikely I would be offered a WP, though I know it would be easier to switch that way.)

Does anyone have any experience in this situation? I've emailed the home office and posted in immigration forums, but I've yet to receive responses. Thank you so much for any help you can offer!

he needs to be out of the UK when the permit is applied for, and you then both need to go back home once it is approved in order to get entry clearance. You can do as you have suggested, though it is stretching the rules a little.

Why do you think the work permit application will take a month? If it is a straight forward application it should only be a couple of weeks.

Victoria

Someone told us that it's possible for him to leave the country for one day while the WP is applied for, then he can come back

That was outdated information.

In the old days, the person had to hop out of the UK for a day so the WP application could be submitted within the rules.  That changed in 2002 when they created the Designated National category, and then they revamped it again in 2004 by requiring an entry clearance for all Non-visa Nationals.

He could still do it as long as he knows he has to go and get entry clearance from the US anyway...but it is a little dodgy.

Victoria

Thank you both for your help.

I guess the best thing is for him to fly home, his company apply for the WP, and then I join him there to send everything off? The hopping to France for a day while the WP is applied for and then flying to NYC route sounds better, but I wouldn't want to risk anything messing up our chances.

Anyway, thanks so much!