Post
by Anil2908 » Tue Aug 29, 2017 4:17 pm
Thanks Marcnath.
however the PBS Dependent policy guidance states the below and does not indicate any restriction unless I misinterpreted
"Applying as the Family Member of a Tier 4 (General) Migrant in the UK
34. If you are the family member of a Tier 4 (General) applicant, whether or not you can apply for the PBS Dependant category in the UK depends on the type of permission to stay that you have and type of course the Tier 4 (General) student is studying, or will be studying.
35. You can be the family member of a Tier 4 (General) applicant where they are applying for, or have been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student if:
(i) the Tier 4 (General) applicant is a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months; or
(ii) the Tier 4 (General) applicant is:
a) applying for, or has been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level for 12 months or longer;
and
b) is sponsored by a sponsor who is a Recognised Body or a body in receipt of funding as a higher education institution from either:
I. the Department for Employment and Learning in Northern Ireland; II. the Higher Education Funding Council for England; III. the Higher Education Funding Council for Wales; or IV. the Scottish Funding Council;
or
(iii) the Tier 4 (General) applicant is applying for, or has been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; or
(iv) the following conditions are met:
a) the Tier 4 (General) applicant is applying for entry clearance , leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:
(1) has entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months ; or
(2) last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
b) You (the family member) must either-
(1) have entry clearance, leave to enter, or leave to remain as a family member of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or
(2) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the family member of a
10
Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
c) the Tier 4 (General) applicant Migrant and you (the family member) must be applying at the same time.
36. To apply in the UK you must not have last been granted:
clearance or leave as a visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or entry clearance or leave as a short-term student or a short-term student (child); or entry clearance or leave as a parent of a Tier 4 (child) student; or on temporary admission or temporary release.
37. Tier 4 (General) students who will be studying in the UK for six months or less cannot bring their partners and/or children (also known as dependants) to the United Kingdom with them
