Tier 2 dependant application refused

[KrylovD]

Hi, everybody. I have just been refused Tier 2 dependant visa as an unmarried partner (my partner received her Tier 2 General). I am currently on Post-study work visa until 21.11.2013. In the letter they say:

"In view of the fact that you currently have leave to remain as a Tier 1 PSW the Secretary of State is not satisfied that you have, or last been granted, leave to enter or remain in the United Kingdom as:
- the Partner of a Points Based System Migrant;
- the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of the immigration rules who has since been granted, or is, at the same time being granted, leave to remain as a Points Based System Migrant
and it is therefore been decided that you do not meet the requirements of the rules to be granted leave to remain as a partner of a Points Based System Migrant."

I do not have the right of appeal (only fresh application). Can someone confirm that this decision just means that I have to apply later, closer to the end of my current leave. Could the fact that i have not found the job under PSW (before application) influence their decision? Thank you for your help.

[safajnaseef]

Hi, everybody. I have just been refused Tier 2 dependant visa as an unmarried partner (my partner received her Tier 2 General). I am currently on Post-study work visa until 21.11.2013. In the letter they say:

"In view of the fact that you currently have leave to remain as a Tier 1 PSW the Secretary of State is not satisfied that you have, or last been granted, leave to enter or remain in the United Kingdom as:
- the Partner of a Points Based System Migrant;
- the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of the immigration rules who has since been granted, or is, at the same time being granted, leave to remain as a Points Based System Migrant
and it is therefore been decided that you do not meet the requirements of the rules to be granted leave to remain as a partner of a Points Based System Migrant."

I do not have the right of appeal (only fresh application). Can someone confirm that this decision just means that I have to apply later, closer to the end of my current leave. Could the fact that i have not found the job under PSW (before application) influence their decision? Thank you for your help.

Since you are under Tier 1 (PSW), you are not allowed to switch to dependant of Tier 2 General from inside the UK. The only possible way to switch is to leave the UK and apply as a dependant of Tier 2 General from abroad.

[KrylovD]

Thank you for your reply. Can my current PSW permit be an obstacle to receiving dependent visa even if I apply from Russia?

[safajnaseef]

Thank you for your reply. Can my current PSW permit be an obstacle to receiving dependent visa even if I apply from Russia?

No it is not a problem. However, if you are applying as a dependant of Tier 2 General from abroad then you need to prove that you have lived with your partner in a relationship similar to marriage or civil partnership (for at least 2 years if I am not mistaken). For this, I would suggest you contact a Tier 2 solicitor for some advice.

[mindocs]

Hi safajnaseef!

Do I need to prove that I have lived with my other half 2 years if we were married already in the UK?

I am not the original poster but I would like to clarify the answer. I am going to go back home and applying for Tier 2 Dependant. I am currently on Tier 4 General.

Thank you for your reply. Can my current PSW permit be an obstacle to receiving dependent visa even if I apply from Russia?

No it is not a problem. However, if you are applying as a dependant of Tier 2 General from abroad then you need to prove that you have lived with your partner in a relationship similar to marriage or civil partnership (for at least 2 years if I am not mistaken). For this, I would suggest you contact a Tier 2 solicitor for some advice.

[safajnaseef]

Hi safajnaseef!

Do I need to prove that I have lived with my other half 2 years if we were married already in the UK?

I am not the original poster but I would like to clarify the answer. I am going to go back home and applying for Tier 2 Dependant. I am currently on Tier 4 General.

Thank you for your reply. Can my current PSW permit be an obstacle to receiving dependent visa even if I apply from Russia?

No it is not a problem. However, if you are applying as a dependant of Tier 2 General from abroad then you need to prove that you have lived with your partner in a relationship similar to marriage or civil partnership (for at least 2 years if I am not mistaken). For this, I would suggest you contact a Tier 2 solicitor for some advice.

If you are already married in the UK then you do not need to prove you have lived with your spouse for 2 years. Marriage certificate will be enough. However, your spouse must prove that he/she can support you while you are in the UK.

[mindocs]

Thanks safajnaseef!!!