Tier 1 (G), partner student -> dependent in country?

[BMUK]

Hi,

I'm wondering if someone could help with clarifying something in relation to Tier 1 dependents.

I have been in the UK for 4 years and recently renewed/switched my visa from HSMP to Tier 1 General (originally came over from NZ on Working Holiday Visa). My girlfriend has been here longer than I have but on a student visa which is about to expire. We have been in a relationship for over 3 years and living together for the majority of it.

She is still studying towards her diploma, but does not want to renew as a student. Partly due to the new 10 hours / week rule, partly (though not for a lack of trying) she has failed one of her papers for the 2nd time which I understand will mean the school is not allowed to supply a sponsor letter?

I am wanting to put her on my Tier 1 visa as my dependent. Can anyone please clarify whether she can change from student -> Tier 1 (General) Dependent in country??? Are there any other options than returning to her home country (a daunting prospect)?


Thanks in advance for any advice. This forum was very helpful with regard to some of the ambiguities in the Tier 1 application.

[vks]

Hi,

I'm wondering if someone could help with clarifying something in relation to Tier 1 dependents.

I have been in the UK for 4 years and recently renewed/switched my visa from HSMP to Tier 1 General (originally came over from NZ on Working Holiday Visa). My girlfriend has been here longer than I have but on a student visa which is about to expire. We have been in a relationship for over 3 years and living together for the majority of it.

She is still studying towards her diploma, but does not want to renew as a student. Partly due to the new 10 hours / week rule, partly (though not for a lack of trying) she has failed one of her papers for the 2nd time which I understand will mean the school is not allowed to supply a sponsor letter?

I am wanting to put her on my Tier 1 visa as my dependent. Can anyone please clarify whether she can change from student -> Tier 1 (General) Dependent in country??? Are there any other options than returning to her home country (a daunting prospect)?


Thanks in advance for any advice. This forum was very helpful with regard to some of the ambiguities in the Tier 1 application.

Haven't read through myself completely. It may help you!

Fiance(e)s and proposed civil partners

[BMUK]

Haven't read through myself completely. It may help you!

Fiance(e)s and proposed civil partners

Would this be the one that applies?
http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

We are currently under unmarried partner.

It doesn't seem all that clear.

[vks]

Haven't read through myself completely. It may help you!

Fiance(e)s and proposed civil partners

Would this be the one that applies?
http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

We are currently under unmarried partner.

It doesn't seem all that clear.

This forum may not be able to help on this rare topic.

Better to write it to HO and get a written response from them!

[[iD]]

My wife had the very similar case.
She also had to leave the country and apply from home country. last I remember the rule said if you haven't completed your studies you have to go back and apply for entry clearance

[vks]

My wife had the very similar case.
She also had to leave the country and apply from home country. last I remember the rule said if you haven't completed your studies you have to go back and apply for entry clearance

Not wife, the topic is for Girl friend, if I understand correctly!

[[iD]]

My wife had the very similar case.
She also had to leave the country and apply from home country. last I remember the rule said if you haven't completed your studies you have to go back and apply for entry clearance

Not wife, the topic is for Girl friend, if I understand correctly!

I know what you mean but to my understanding unmarried partners can apply as a dependant if they are in a relationship for 2 years or more
this might help
http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

[BMUK]

My wife had the very similar case.
She also had to leave the country and apply from home country. last I remember the rule said if you haven't completed your studies you have to go back and apply for entry clearance

Not wife, the topic is for Girl friend, if I understand correctly!

Yes, she is my long-term (>3 years) girlfriend. We would be considered unmarried partner assuming we can get the evidence together.

[BMUK]

I know what you mean but to my understanding unmarried partners can apply as a dependant if they are in a relationship for 2 years or more
this might help
http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

I was looking at that page, but am I correct in assuming that "Leave to enter as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement" means someone who has or is applying for ILR?

[[iD]]

I know what you mean but to my understanding unmarried partners can apply as a dependant if they are in a relationship for 2 years or more
this might help
http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

I was looking at that page, but am I correct in assuming that "Leave to enter as the unmarried or same-gender partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement" means someone who has or is applying for ILR?

How dependants can come to the United Kingdom
If your application to the points-based system is successful, you are allowed to bring dependants (children under 18 years of age, or your husband, wife, civil partner, or unmarried or same-sex partner) with you to the United Kingdom, as long as we give them entry clearance or permission to stay (known as 'leave to remain').
Source http://www.bia.homeoffice.gov.uk/workin ... ependants/

Link above is sub section of tier 1 general page I am sure you can but it's worth giving HO a shout to confirm it

[BMUK]

This forum may not be able to help on this rare topic.

Better to write it to HO and get a written response from them!

Hi vks,

Is it the "Immigration enquiry bureau" on this page http://ukba.homeoffice.gov.uk/contact/c ... ctcentres/ that I should be contacting? If so, I'll give them an email. Still not clear on the switch.