Switch - Student to Tier1 Dependent

[fardeens]

Hi All – after all the help to get here I was preparing my documentation and just read that my wife who is on a Student visa (expiring end of may and finishing her PhD) wont be able to switch on as a dependent to tier1 as she was not as a dependent on me on her last immigration status.

Now on the form it says

“Please note: in order to qualify for further leave to remain in the UK as the dependant of a person under the Points Based System, the individual must have either traveled to the UK with entry clearance as the dependant of the main applicant; or have last been granted leave to remain as a dependant of the main applicant. If the dependant does not meet either of these criteria it is likely that their application will be refused.â€

[fardeens]

Could someone please reply.

[Sheng]

[quote="fardeens"]Hi All – after all the help to get here I was preparing my documentation and just read that my wife who is on a Student visa (expiring end of may and finishing her PhD) wont be able to switch on as a dependent to tier1 as she was not as a dependent on me on her last immigration status.

Now on the form it says

“Please note: in order to qualify for further leave to remain in the UK as the dependant of a person under the Points Based System, the individual must have either traveled to the UK with entry clearance as the dependant of the main applicant; or have last been granted leave to remain as a dependant of the main applicant. If the dependant does not meet either of these criteria it is likely that their application will be refused.â€

[fardeens]

Dear All - I am still waiting for a reply. Could some also tell if I submit the application with my wife’s what are the chances they reject mine as well. I just want to take the chance, as it is free to send the dependent at the time of application, but don’t want it affect negatively on my application.

Any help will be much appreciated.

[egghead]

in similar shoes as both of you too. my fiance of 2 yrs has been here in uk under student visa. i now has my hsmp visa and we're planning to get married here (only able to after getting a certificate of approval from home office) in next 6 mths.

as fardeen mentioned, in the form for extension of stay for dependent hsmp, it does mention you can only switch if you are already have a previous dependent visa of some sort.

i think it's ridiculous system, having to send back your partner just to get this approved. i mean, both of us are already here legally independently so far, so why the need to go back?

sorry fardeen, no help from me but am in the same boat as you are.