I am in the UK as work permit holder. I obtained my work permit in 2002 and it is going to be 5 years in few months time. My husband entered the UK the same time with me but holding student visa. He found a job in 2003 and changed his student visa to my dependent visa in september of 2003, then his company helped him to get work permit and he swithed his visa to work visa in Jan of 2004.

I understand he can not apply for ILR with me together if he does not dependent on my Visa, but my question is: if he switch his visa back to dependant visa in April, can he be able to apply for ILR together with me in Auguest? Will that be too short period for him to stay as my dependant?

Thanks

Cathy

Hi Cathy,

Unfortunately I cannot answer your question, but I am just wondering how this has happened. In 2003, he has been dependant of a work permit holder, therefore he had been elligible to work WITHOUT any other work permit. How his company have applied for a work permit, I wonder, since he has not been requiring it.

Probably you should raise this issue with the HO saying that the work permit in 2004 has been mistakenly issued, then they may invalidate/ignore it and he can be considered as your dependant again.

P