Switching from Tier 4 to Tier 1 dependant visa

[beecharmer1800bc]

Basically my wife is presently on a Tier 4 student visa.Her visa was issued in August 2010 is valid till September 2012.

Unfortunately, she had to take 1 year off from school etc because she was pregnant and is presently on maternity leave.We have a 7months old boy now and we are now legally married in the UK.

I am on a Tier 1 G visa and my plan is for her to go back home to apply for a Tier 1 dependant visa in September. What this means is that she will miss the start of the academic session.She even wants to switch courses on her return.

My question is; will she have any issues/problems during the application process? I mean, will the fact that she has not been attending classes cause any problems for her?

[beecharmer1800bc]

any help from anyone will be greatly appreciated.

[geriatrix]

Was the leave approved by the educational institute?

If the absence was not authorized then the educational institute would have informed UKBA of your spouse's unauthorized leave and lack of attendance. In such case, there may be an issue.

[beecharmer1800bc]

Was the leave approved by the educational institute?

If the absence was not authorized then the educational institute would have informed UKBA of your spouse's unauthorized leave and lack of attendance. In such case, there may be an issue.

Yes it was approved by the institution. They are aware that she is on maternity leave.

However, she wants to pursue a different course with a different institution so is it a case where she will have to leave the country before the start of the academic year in September and inform the university of her decision?

[Greenie]

Was the leave approved by the educational institute?

If the absence was not authorized then the educational institute would have informed UKBA of your spouse's unauthorized leave and lack of attendance. In such case, there may be an issue.

Yes it was approved by the institution. They are aware that she is on maternity leave.

However, she wants to pursue a different course with a different institution so is it a case where she will have to leave the country before the start of the academic year in September and inform the university of her decision?

even if they approved the leave, they still should've reported the fact that she was no longer attending - especially if she was issued a CAS as opposed to a visa letter. Would suggest she speaks to her institution to find out whether they did report her. Has she remained at the same address and does UKBA have this address? If she was reported as not attending then her leave may have been curtailed.

Most universities have immigration advisers/international student advisers so would suggest she approaches them.

[geriatrix]

I believe a long leave due to maternity would essentially mean that she would have to defer her course to the next academic session, and this would have been reported by the Tier 4 sponsor to UKBA. As Greenie indicated, has this led to a curtailment of her current leave?

What is relevant here is that she should not be in breach of immigration conditions as a Tier 4 migrant (her current leave) before she applies for entry clearance as a PBS dependant.

Where she intends to study after being granted leave as a PBS dependant will have no bearing on the entry clearance application as a PBS dependant.

[beecharmer1800bc]

Was the leave approved by the educational institute?

If the absence was not authorized then the educational institute would have informed UKBA of your spouse's unauthorized leave and lack of attendance. In such case, there may be an issue.

Yes it was approved by the institution. They are aware that she is on maternity leave.

However, she wants to pursue a different course with a different institution so is it a case where she will have to leave the country before the start of the academic year in September and inform the university of her decision?

even if they approved the leave, they still would've reported the fact that she was no longer attending - especially if she was issued a CAS as opposed to a visa letter. Would suggest she speaks to her institution to find out whether they did report her. Has she remained at the same address and does UKBA have this address? If she was reported as not attending then her leave may have been curtailed.

Most universities have immigration advisers/international student advisers so would suggest she approaches them.

Thanks for your responses guys.

Yeah, we have been in the same address ever since and she hasn't told me of any letter from UKBA.

The Uni has written her though,about starting this academic year. Just that she wants to switch courses to a different institution.

What would you guys advise before she leaves the country.

[Greenie]

Was the leave approved by the educational institute?

If the absence was not authorized then the educational institute would have informed UKBA of your spouse's unauthorized leave and lack of attendance. In such case, there may be an issue.

Yes it was approved by the institution. They are aware that she is on maternity leave.

However, she wants to pursue a different course with a different institution so is it a case where she will have to leave the country before the start of the academic year in September and inform the university of her decision?

even if they approved the leave, they still would've reported the fact that she was no longer attending - especially if she was issued a CAS as opposed to a visa letter. Would suggest she speaks to her institution to find out whether they did report her. Has she remained at the same address and does UKBA have this address? If she was reported as not attending then her leave may have been curtailed.

Most universities have immigration advisers/international student advisers so would suggest she approaches them.

Thanks for your responses guys.

Yeah, we have been in the same address ever since and she hasn't told me of any letter from UKBA.

The Uni has written her though,about starting this academic year. Just that she wants to switch courses to a different institution.

What would you guys advise before she leaves the country.

She should not have remained in the UK without studying. If she intermitted then she should have returned home. This may cause problems for her in her application as a PBS dependent. As per my previous post she needs to seek legal advice before leaving the country and before making any further applications.

[beecharmer1800bc]

[/quote]

She should not have remained in the UK without studying. If she intermitted then she should have returned home. This may cause problems for her in her application as a PBS dependent. As per my previous post she needs to seek legal advice before leaving the country and before making any further applications.[/quote]

The University never wrote to say that she will/has been reported to the UKBA for non-attendance.

In this case, she will call the University and discuss the best way forward.

It is my desire for her to switch visas asap because the Tier 4 visa has too many restrictions.

[pennylessinindia]

The University never wrote to say that she will/has been reported to the UKBA for non-attendance.

In this case, she will call the University and discuss the best way forward.

It is my desire for her to switch visas asap because the Tier 4 visa has too many restrictions.[/quote]

with all due respect - she has not been studying - pregnancy and delivery of a baby does not prevent attendance -

How long have you been married why did she not apply for her visa when you first got married why have you waited so long?

[beecharmer1800bc]

The University never wrote to say that she will/has been reported to the UKBA for non-attendance.

In this case, she will call the University and discuss the best way forward.

It is my desire for her to switch visas asap because the Tier 4 visa has too many restrictions.

with all due respect - she has not been studying - pregnancy and delivery of a baby does not prevent attendance -

How long have you been married why did she not apply for her visa when you first got married why have you waited so long?[/quote]

We got married in August last year before she had the baby and we didn't want to take the chance of travelling without the baby taking all injections and obviously being strong enough etc.

What are our options at the moment and can she successfully switch when she travels home without issues?

[beecharmer1800bc]

The University never wrote to say that she will/has been reported to the UKBA for non-attendance.

In this case, she will call the University and discuss the best way forward.

It is my desire for her to switch visas asap because the Tier 4 visa has too many restrictions.

with all due respect - she has not been studying - pregnancy and delivery of a baby does not prevent attendance -

How long have you been married why did she not apply for her visa when you first got married why have you waited so long?[/quote]

Again,at the time of her applying for the Tier 4 visa we were not married then and when we did get married she was already 8months pregnant so could not have travelled.

Mitigating circumstances I guess

[pennylessinindia]

The University never wrote to say that she will/has been reported to the UKBA for non-attendance.

In this case, she will call the University and discuss the best way forward.

It is my desire for her to switch visas asap because the Tier 4 visa has too many restrictions.

with all due respect - she has not been studying - pregnancy and delivery of a baby does not prevent attendance -

How long have you been married why did she not apply for her visa when you first got married why have you waited so long?

Again,at the time of her applying for the Tier 4 visa we were not married then and when we did get married she was already 8months pregnant so could not have travelled.

Mitigating circumstances I guessquote]


Not mitigating - leads to more doubt - why apply for a student visa if she had not intention of studying?

As greenie says I think you need to seek expert help

[beecharmer1800bc]

Will do as you have advised.

Many thanks