Tier 1 Dependent - In country - wife on student visa

[rshelar]

Hi,

I am in the UK on a Tier 1 General visa, which was applied from within the country when I switched from a work permit to Tier 1 some years back.

My wife has been in the UK for the last 3 years on a student visa.

Can I now apply for her Tier 1 Dependent Visa within UK or does she have to apply by going out of country.

I would like to mention that my Tier 1 application was in country.

Can someone please provide an official link about this as I cannot find any information clearly on BIA site.

Thanks

[Lucapooka]

Switching in to the dependant route.

[rshelar]

Thanks.

I had a look at that link and several others on the BIA site, however they all assume that my dependent is not in the country and give me procedure on how I can get them in the country to stay with me.

In my case, my wife is already here but on a student visa, also my Tier 1 application was made in country and not outside. Couldnt find anything specific if the dependent is in country and wants to switch.

Please can someone help?

[geriatrix]

however they all assume that my dependent is not in the country and give me procedure on how I can get them in the country to stay with me.

They do not! Instead you assume that the statements imply so (which, in fact they don't).

See switching, and read the immigration rule referred to in the post (link to which is provided in the post).

[beecharmer1800bc]

Thanks.

I had a look at that link and several others on the BIA site, however they all assume that my dependent is not in the country and give me procedure on how I can get them in the country to stay with me.

In my case, my wife is already here but on a student visa, also my Tier 1 application was made in country and not outside. Couldnt find anything specific if the dependent is in country and wants to switch.

Please can someone help?

Apply in-country at your own peril.

Only dependants who originally came in as dependants can make in-country dependant visa applications. Others, especially students have to leave the country to gain entry clearance as dependants.

My partner( now wife) is in the same position and will travel at some point next year to make an out of country application.

I know friends who have lost money making in-country applications claiming that it is against their right to a family life for their spouses to travel back home to make such applications.

Hope you are better informed now!

All the best.

[nehagharge]

My husband is a tier 1 general holder (In country application),I entered UK on student visa, I was given wrong information by a solicitor that i can make an in country application of tier 1 general dependent, but got refused. I went back and applied for the dependent visa again.(Thanks to this forum)

[rshelar]

Thanks all.

So that means my wife will have to go back and apply.

Good luck to all.