Thanks Manci & Jeevas. I have downloaded the UKBA-PBS dependent guide (
https://www.gov.uk/government/uploads/s ... 4-14_2.pdf).
Could you please help me to understand in which mentioned category (point 32 or 33 a/b/c) my case will qualify to switch inside the UK ICT Tier 2 Main applicant to Tier 4 student dependent ?
My wife's Tier 4 application/Visa is getting processed from India for CIMA course (duration is more than 24 months).
Below I have copied the polices for PBS dependent of Tier 4 general applying inside the UK.
Applying as the Family Member of a Tier 4 (General) Migrant in the UK
32. If you are the family member of a Tier 4 (General) applicant, whether or not you can apply for the PBS Dependant category in the UK depends on the type of permission to stay that you have and type of course the Tier 4 (General) student is studying, or will be studying.
33. You can be the family member of a Tier 4 (General) applicant where they are applying for, or have been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student if:
(i) the Tier 4 (General) applicant is a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months; or
(ii) the Tier 4 (General) applicant is:
a) applying for, or has been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level for 12 months or longer;
and
PBS (Dep) Guidance (version 04/2014) - page 6
PBS (Dependant) POLICY GUIDAN CE
b) is sponsored by a sponsor who is a Recognised Body or a body in receipt of funding as a higher education institution from either:
I. the Department for Employment and Learning in Northern Ireland;
II. the Higher Education Funding Council for England;
III. the Higher Education Funding Council for Wales; or
IV. the Scottish Funding Council;
or
(iii) the Tier 4 (General) applicant is applying for, or has been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; or
(iv) the following conditions are met:
a) the Tier 4 (General) applicant is applying for entry clearance , leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:
(1) has entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months ; or
(2) last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
b) You (the family member) must either-
(1) have entry clearance, leave to enter, or leave to remain as a family member of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or
(2) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the family member of a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
c) the Tier 4 (General) applicant Migrant and you (the family member) must be applying at the same time.
34. To apply in the UK you must not have last been granted:
• leave to enter or remain as a visitor; or
• temporary admission or temporary release.
35. Tier 4 (General) students who will be studying in the UK for six months or less cannot bring their partners and/or children (also known as dependants) to the United Kingdom with them.
PBS (Dep) Guidance (version 04/2014) - page 7
PBS (Dependant) POLICY GUIDANCE
Additional evidential requirement for dependants of PBS migrants whose last grant of leave was not in this capacity.
36. If you are applying as a family member of a PBS migrant and your last grant of leave was not as their dependant or you are a child born in the UK, you will need to demonstrate your relationship.
Where you are married or in a civil partnership to a PBS migrant, you must provide your marriage or civil partnership certificate to support your application
Where you are applying as the partner of a PBS migrant but are not married or in a civil partnership with them you will need to provide documents to show that you have been living in a relationship akin to marriage/civil partnership for a period of at least two years - documents should therefore cover the whole of this period. Documents will only be accepted where they are from official sources such as utility bills or NHS registration:
Suggested Documents
Partners (including spouses and civil partners)
marriage or civil partnership certificates
bank statements
Council tax/ bills
medical registration
utility bills
