Switching - From Tier 2 to Student dependent

[Mayan12]

Hi,

I am working on Tier 2 ICT and my visa is expiring shortly. My partner is a full-time student with her own Tier 4 visa. Now, is it possible for me to switch to being her dependent inside UK. I hope I have phrased the question correctly, please revert if you feel other wise. Thanks for looking - I appreciate it.

Just for clarification
Points Based System -(Dependant) - Policy Guidance is suggesting this



-Mayan

[vinny]

No, as you do not satisfy 319C(h).

[Mayan12]

Thanks Vinnay.

[jwalker7907]

Hi Guys, I would like to ask vinny what is the reason Mayan12 doesn't satisfy from 319C(h) specifically

Im asking becuase I'm thinking about apply as a dependant of my wife. She has a Tier1 PSW visa as well as I am. Am I allowed to do that?

Thanks in advance for the reply

[Greenie]

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.

[jwalker7907]

Thank you for the quick reply

[Mayan12]

Ok - a small change of fortune. Now my company has agreed to extend my Visa for another 2 years(That will take me to the 5 years mark). She also has tier 2(ICT) dependent biometric visa card that expires along my visa. Now is it ok for my partner(Tier4 visa) to become my dependent? Will I be able to apply for her Tier 2 dependent extension?

Mayan.

P.S. She preferred to have her own visa(tier 4), so she went to the home country and got the visa, although her status as a Tier2 dependent allowed her to start the course. She got it done because - as my dependent she will not be able to complete her degree(dependent visa expires sooner than the course end date)

[geriatrix]

If she changed from Tier 2 dependant to Tier 4 migrant (in her own right), then her Tier 2 dependant leave to enter / remain is no longer valid.

For her to change back to dependant of Tier 2 migrant, she will need to apply for entry clearance from outside the UK, for the same reason as mentioned by Vinny in his post above.


regards

[Mayan12]

Thanks sushd.

[jwalker7907]

Hello Again Guys,

We give up trying to apply in the UK for a dependant visa switching from PSW. My wife is arranging her trip to our home country but we just have a question

Her visa is expiring on December. Can she go back and apply for the dependant visa right now, that is, before the current one expires, or does she have to wait for the current one to expire in order to be apply for the dependant one

Thanks you in advance for your replies

[geriatrix]

Any time she wants.

[zeeshi1122]

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.

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.
Can anyone please help