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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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want to change my UK dependent visa status to business/tourist

Resolved Question:

want to change my UK dependent visa status to business/tourist visa
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Who are you a dependent of?

What visa do they hold?

Why do you wish to do this?


Kind regards,

Tom
Customer: replied 1 year ago.

I'm a dependent of my wife. I am currently not living with her since I am based out of India and would like to not depend upon her to visit the UK (since my work with a UK based company does take me there). I am also open to a tourist visa - this will help me to be with my kids.

Expert:  Thomas replied 1 year ago.
Hi,

Where would you be permanently based, ideally?

Are you employed by the UK company as an employee?

Tom
Customer: replied 1 year ago.

I dont mind being based in either the UK or India. I work for the UK companies' India arm as an employee. It looks likely that I need to keep travelling between the two countries.

Expert:  Thomas replied 1 year ago.
Hi,

Will you actually need to carry out work in the UK for the UK company?

Where would you spend the majority of your time, in India or the UK?

Tom
Customer: replied 1 year ago.

yes, will need to carry out work in the UK. Both options are open for spending my time.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It seems to me that you first have to work out what you want to do and where you want to spend the majority of your time.

If you wish to spend more than 180 days a year in the UK and carry out work for the UK company then this would rule out a visitor’s visa application (whether multiple entry or not). Visitor’s are not permitted to spend more than 180 days a year in the UK. If this is the case then I see no reason to change from your current visa unless you anticipate that your relationship with your wife might deteriorate. If you think it will then deteriorate then you may consider seeing if the UK company can employ you for either a Tier 2 Sponsored Skilled Worker Visa:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/
Or on the basis of an inter-company transfer between the UK company and the India company if they effectively form two parts of the same company.
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/ict/

If you wish to spend less than 180 days a year in the UK the you could in theory apply for a multiple entry visitor’s visa. If you simply wished to visit without working then a family visitor’s visa would be the one to go for:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/family/

If you wished to carry out some work duties for your India based company then it would be a business visitor’s visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/business/requirements/
However you would have to ensure that you were not actually employed by the UK company.

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Kind regards,


Tom
Customer: replied 1 year ago.

just two more questions: does this process (of cancelling my existing dependent visa) need to start with my wife applying for the same or can i apply for a fresh one inspite of having an existing dependent visa? how lengthy is this process typically?

Expert:  Thomas replied 1 year ago.
Hi,

If you have left the UK then there is nothing stopping you from apply for a new visa (whether visitor or work visa), albeit that your current visa may still have leave to remain on it.

Obviously though, in your covering letter you should explain that your previous visa is not appropraite any more.

Kind regards,


Tom
Customer: replied 1 year ago.

thanks- how much time is typically required to get a new visa- had asked previously, but unanswered. Will rate to finish once I get this response :)

Expert:  Thomas replied 1 year ago.
Hi,

It depends on what visa you are applying for and where you are applying.

You can find out processing times in India here by entering where you will be appllying from here:-
http://www.ukba.homeoffice.gov.uk/countries/india/processing-times1/?langname=UK%20English

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
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