Dependant visa for my wife-UKBA says she can't switch in UK

[chidol4u]

We've just received a shocker from the UKBA customer service helpline today about my wife's eligibility to apply for further stay in the UK as my dependant.We were told that she has to leave the UK and obtain new clearance into the country as my dependant.The reason being that she can't switch from a point-based visa to being a dependant of someone on a points-based visa.

She is on the Tier 1 post-study work visa.She has lived in the UK for about 2 years after studying for her masters in Liverpool.I have lived in the UK for about 6 years as well and I'm on the Tier 1 General visa.

Can someone please advice?Are we missing something or not asking the right questions?There are still forms (PBS Dependant) available on UKBA's website for this switch.We were also advised to use the Tier 1/5 PEO form in booking the online application when we called another advisor earlier.It feels like we are getting mixed messages from UKBA.

This is all new to me.I have always been of the impression that she should be able to switch since she's already in the country.Please let me know if you are aware of this or if you know any other options available to us without her having to leave the country.It's unnecessary cost as far as I'm concerned.

[Greenie]

I don't quite understand what you mean when you say that there are 'still forms available for this switch' the forms are available for those who are eligible to switch. As you have been advised your wife cannot switch. Only those who have or last had leave as a dependent can switch. This is set out clearly in the rules. Your wife needs to apply for entry clearance.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

[chidol4u]

I mean that we can still find the PBS (dependent) form online with he guidance notes.I was of the impression that the PBS dependant category was for those looking to either renew or switch to being dependants of people on the PBS

[Greenie]

I mean that we can still find the PBS (dependent) form online with he guidance notes.I was of the impression that the PBS dependant category was for those looking to either renew or switch to being dependants of people on the PBS

yes the PBS dependent form is available for those who want to extend their leave or switch into the PBS dependent category, but, as stated above, not everyone can switch into this category, including your wife.