Apply dependent - Tier 4 General Under Graduate

[mthila]

Hello all,

My friend is graduating this year from his university, but his girlfriend is still studying and has got 2 more years to complete in the UK. My friend is planning to marry her this summer and apply for a dependent visa to remain in the UK with her.

Could I please know whether this is possible? and if so, what is the procedure he should follow?

UKBA website says that:

You can apply to bring a dependant to the UK if you’re:
sponsored by a higher education institution on a course at NQF level 7 or above that lasts 1 year or more

My friend's girlfriend is doing an undergraduate course and moving to 2nd year this autumn.

I am not 100% sure whether my friend is eligible to marry her and apply visa to be her dependant. How ever, as a human right, he should be able to do this because if not, he is not going to see his wife for 2 years..?!

Many thanks for any help in advance..!!

[Greenie]

He can marry her but he is not eligible for leave as a tier 4 dependent because she is only studying at nqf level 6. The exception in this situation is if she is financially sponsored by her government.

[mthila]

Thank you Greenie for your reply. But is it not a human right to remain with your partner as she has got 2 more years to complete in her course..??

[shaq1]

Thank you Greenie for your reply. But is it not a human right to remain with your partner as she has got 2 more years to complete in her course..??

They cover all those grounds while implementing this regulation

[mthila]

They cover all those grounds while implementing this regulation

What do you mean by this? What do they have to say in return to an appeal of human rights of remaining with the legal married partner?

[shaq1]

They cover all those grounds while implementing this regulation

What do you mean by this? What do they have to say in return to an appeal of human rights of remaining with the legal married partner?

What i meant to say UKVI already aware that people may apply on the humanitarian ground while studying a level 6 course, even after that they implement that regulations. So obviously your friend does not have any chance on wining that appeal, you can ask him to talk to the lawyers.

By the way if her course is funded by her government then her spouse can apply for the dependent visa.

[mthila]

Her degree is self funded and looks like that is not an option for my friend. Thanks a lot for the input. He might consult lawyers and I will update the thread if he comes up with a different solution through the lawyers