switching to tier 1 - rejected, please help urgently

[rvked1]

Hi,
I applied for Tier 1 (general) 28th Feb, and got the refusal letter today


They have given all the points I claimed, but say I cannot switch because I am a student dependant (granted in 2005). Basically they are saying student dependant is not equal to Tier 4 Migrant, and so I cannot switch.

Any advice anybody, is there a chance of appeal?

Thanks in advance.

[geriatrix]

Basically they are saying student dependant is not equal to Tier 4 Migrant, and so I cannot switch.

Which is correct.

Dependant(s) of (pre-PBS) student migrant are covered under immigration rules 76-81. Dependants of Tier 4 (General) migrants are covered under immigration rules 319A-319U. Two different categories subject to different set of rules.

[joh118]

Hi,
I applied for Tier 1 (general) 28th Feb, and got the refusal letter today


They have given all the points I claimed, but say I cannot switch because I am a student dependant (granted in 2005). Basically they are saying student dependant is not equal to Tier 4 Migrant, and so I cannot switch.

Any advice anybody, is there a chance of appeal?

Thanks in advance.

yes, they are right. you cant switch. rules are rules. You can't get Tier 1 out of country either. It's a shame because there's no longer Tier 1....

[rizwan567]

Hi,
I applied for Tier 1 (general) 28th Feb, and got the refusal letter today


They have given all the points I claimed, but say I cannot switch because I am a student dependant (granted in 2005). Basically they are saying student dependant is not equal to Tier 4 Migrant, and so I cannot switch.

Any advice anybody, is there a chance of appeal?

Thanks in advance.

What is your current visa status? Are you currently dependent of Tier 4 visa holder or you are currently dependent of student who is not on Tier 4?

[rvked1]

dependent of student visa issued before students became included under the points based system.

Can anyone advice if I want to pursue an appeal, what would be the best strategy? In the off-chance that the person making the decision does* like make someone suffer because of a technicality.....


* - sorry typo, that should have been "does not"...

[geriatrix]

There is no error in the refusal because the immigration rules do not allow you to switch .. as has already been mentioned ... so not sure how you can claim "person making the decision does like make someone suffer because of a technicality.....".

[rvked1]

sorry your reply was too quick..I am thinking of just trying my luck, in case someone takes pity on me! Seeing as Tier 1 General is closed, I can't go back and re-apply, even though I have enough points granted...

[geriatrix]

You may try your luck but you will win an appeal only if the decision was wrong / unlawful.

[Celtic]

If you pursue with appeal, You will only be wasting your money and time along with taxpayer's money.

[rizwan567]

You do not stand a chance at all.