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Can my wife study post graduation course on a Dependent WP

General UK immigration & work permits; don't post job search or family related topics!

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krantik
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Can my wife study post graduation course on a Dependent WP

Post by krantik » Wed Jul 23, 2008 1:54 pm

My wife is in the UK with me on a dependent WP visa and is looking to enroll in some post graduate courses. Can she study while on dependent visa?

Also if in the future I decide to switch to Tier 1 then will she be able to continue to study or work as a dependent Tier 1 visa holder?

Thanks in advance

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Jul 23, 2008 3:04 pm

As long as she can pay for any courses, she can study while she's a Work Permit dependant

krantik
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Posts: 18
Joined: Wed Jul 23, 2008 1:51 pm

Can my wife study post graduation course on a Dependent WP

Post by krantik » Wed Jul 23, 2008 3:19 pm

Thanks Mr Rusty.
Do you also know if the change in her visa status from WP dependent to Tier 1 dependent will affect her ability to study in the UK?

Thanks again.
Krantik

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jul 23, 2008 4:02 pm

I am not sure if the following has a bearing on people already present in the UK (since it only refers to people seeking leave to enter).
12.3 - What type of entry clearance to give wrote:- 12.3.1 Mandatory entry clearance requirement for students
From 1 September 2007, it is a mandatory requirement that non-EEA nationals seeking entry to the UK for the purpose of study, obtain prior entry clearance as a student before arriving in the UK. See also Paragraph 12.25 below on the mandatory entry clearance requirement for prospective students.

The only exceptions are those who are:
* British Nationals (Overseas)
* British Overseas Territories Citizens
* British Overseas Citizens
* British Protected Persons
* British Subjects under the British Nationality Act 1981
Reading this might also be helpful.


regards
Life isn't fair, but you can be!

chuggletops
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Joined: Wed Jul 23, 2008 5:31 pm

Post by chuggletops » Wed Jul 23, 2008 7:12 pm

The conditions that may be imposed for leave to enter are set out in Section 3(1)(c) of the Immigration Act 1971.

They are (i) a condition restricting employment or occupation in the United Kingdom; (ii) a condition requiring them to maintain and accommodate themselves, and any dependants, without recourse to public funds; or (iii) a condition requiring them to register with the police.

As long as she doesn't breach any conditions imposed on her leave to enter and doesn't stay beyond the time limited by her leave she can do what the heck she feels like as long as it's not illegal.

The only caveat is that that if it subsequently emerges that she intended to study in the UK before she arrived here she could be considered to have obtained leave to enter by deception, which is an offence under Section 24A.

krantik
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Joined: Wed Jul 23, 2008 1:51 pm

Mail from WP department

Post by krantik » Thu Jul 24, 2008 10:09 am

Got this reply on the same query that I had mailed to the WP department -

''The spouse, unmarried partner and children of a work permit holder may be admitted to the United Kingdom as the dependants of a work permit holder. The spouse/unmarried partner will be given conditions of stay, which do not place any restrictions, other than those that would apply to a resident worker, on their taking employment or engaging in business.

Therefore, a dependant of a work permit holder is free to work or study in the UK as long as the endorsement in their passport places no restriction on their employment here.''

I would think that this closes the issue as my wife's passport only says No recourse to public funds - what do you guys think?

gollywood
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Re: Mail from WP department

Post by gollywood » Fri Jul 25, 2008 11:44 pm

krantik wrote:Got this reply on the same query that I had mailed to the WP department -

''
Therefore, a dependant of a work permit holder is free to work or study in the UK as long as the endorsement in their passport places no restriction on their employment here.''

I would think that this closes the issue as my wife's passport only says No recourse to public funds - what do you guys think?
As long as you are paying for the course, then yes, 'case closed'

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