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My tier 4 visa was expired in dec 2014 after that i applied for flr(o) which was refused in March but home office gave me right of appeal at the moment i am in appeal and waiting for hearing date, my wife is tier 4 student in University and doing level 7 course and course is for 2 years, my question is can i switch to become her dependent with in the uk? And i heard of that we need to apply at the same time but wife already had a visa so how do i apply at a same time too confusing.Greenie wrote:319C only allows applicants to swtich in country to a category of PBS dependents if they currently have leave as a PBS dependent or as a spouse/child etc under another category e.g. from Tier 4 dependent to PSW dependent or old style student dependent to Tier 2 dependent. (the exception is if the main PBS migrant is a Tier 5 sportsperson - paragraph (iii below).
It specifically lists the scenarios when someone can switch into a PBS dependent category:
An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).
So if you are currently here on PSW in your own right (not as a dependent) 319C(h) doesn't allow you to switch in country to being her Tier 2 dependent etc. You have to apply for leave to enter from abroad.
If you are currentl here as her PSW dependent and she is now switching to Tier 2, and you want to switch to her Tier 2 dependent then this is fine.