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I am on Tier 1 PSW visa and my wife is on my dependent visa

 
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Customer Question

I am on Tier 1 PSW visa and my wife is on my dependent visa and now i want her to be on student visa and is it possible for her to get a student visa without leaving UK?

 

Optional Information:
Province/Country relating to question : UK

Submitted: 1176 days and 10 hours ago.
Category: UK Immigration Law
Value: £10
Status: CLOSED
Customer replied 1173 days and 10 hours ago.

Relist: No answer yet.
I am on Tier 1 Post study work visa and i my wife lives with me as my dependent. now she want to study here and i want her to study on student visa, can you pleae help me if she can take student visa without Leaving UK.

can she get a visa withoug leaving UK

Thanks

Customer replied 1170 days and 11 hours ago.

Relist: No answer yet.
I am on Tier 1 PSW visa and my wife is on my dependent visa and now i want her to be on student visa and start her studies and i want to become her dependent and is it possible for her to get a student visa without leaving UK?

Customer replied 1167 days and 11 hours ago.

Relist: No answer yet.
I am on Tier 1 PSW visa and my wife is on my dependent visa and now i want her to be on student visa and start her studies and i want to become her dependent and is it possible for her to get a student visa without leaving UK?

Customer replied 1166 days ago.

Relist: No answer yet.
I am on Tier 1 PSW visa and my wife is on my dependent visa and now i want her to be on student visa and start her studies and i want to become her dependent and is it possible for her to get a student visa without leaving UK?

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Expert:  Amanji replied 1165 days and 16 hours ago.

Good afternoon

 

Need more info.

 

How long is your wife's proposed course?

Where is she proposing to study?

How much are the tuition fees?

Will she be sponsored or does she hold her own funds? If hold own funds, how much?

 

Finally, how long is left on your wife's current visa?

 

Kind regards

 

Customer/p>

 

Customer replied 1165 days and 8 hours ago.

Good afternoon

 

Below are the answers for the questions you asked.

 

How long is your wife's proposed course?

Ans: the course is for 3 Years in University of East London

 

Where is she proposing to study?

Ans: She is going to start her B.A (H) in Business Administration. the course will start in March 2010.

 

Ans: Yes she has been accepted in the course with Unconditional Offer.

 

How much are the tuition fees?

Ans: The course fee is £6,500 per year.

 

Will she be sponsored or does she hold her own funds? If hold own funds, how much?

Ans: Yes I holds the funds and i will be the sponsor of my wife. and i have more then £15.000 in my accounts.

 

Finally, how long is left on your wife's current visa?

Ans: He visa as my dependent will expire in Sept 2010.

 

Can you please confirm that do she need to go home country and apply for her student visa or she should get it from here.

 

Thanks

 

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Expert:  Amanji replied 1164 days and 15 hours ago.

Thanks for reply.

 

I would say that if your wife is determined to study this course then she can certainly start without need for student visa initially.

 

I do not believe that she has to return to hom country for next application. However, she would need to apply to switch into student visa category 28 days before end of her dependant visa.

 

She would have to satisfy the points-based system tier 4 but if she has visa letter from university and sufficient funds, this should not pose too much of a problem.

 

Hope that helps. Kind regards

 

Customer/p>

 

Customer replied 1164 days and 9 hours ago.

DearCustomer/p>

 

Thanks for the quick Response, as through your answer i understand that she don't need to go to Home country if she start her course with her dependent visa and when there are 28 days left she should apply for student visa . Is this the law or just your opinion.

 

I just wanted to reconfirm this as then i will go further with plan to pay the Uni fees and i dont want to be in trouble if Home office says that there is no law that she can change her visa categary.

 

waiting for your reply.

one i will get your reply i will click the green accept botton.

 

Just confirm that she can change her visa categary and she don't need to go to home country for change of visa categary.

 

thanks again.

Customer replied 1164 days and 6 hours ago.

DearCustomerone more questoin... Which form she needs to fill if she is eleigible to change her category from my dependent to student.

 

Please send a link if its possible.

 

thanks

 

 

Accepted Answer

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Expert:  Amanji replied 1160 days and 19 hours ago.

Good morning

 

Apologies for delay. I would like to qualify my previous response.

 

If your wife starts her masters course and applies for student visa in-country before expiry of her dependant visa, it would have to be considered 'outside the Immigration Rules' hence no way of predicting the outcome.

 

It appears that your wife cannot switch into any points system tier including tier 4 student whilst in the UK. Her leave ends when yours does unless you switch from PSW into another tier 1 or even tier 2 category.

 

So, in theory, your wife could start studying in March 2010 but would have to leave the country before dependant visa expiry and apply for student visa from your home country. This of course entails some risk and the decision is a matter for your wife and yourself.

 

Your wife can use the points-based calculator to see if she may achieve the relevant points:

http://www.bia.homeoffice.gov.uk/pointscalculator

 

If you were to successfully switch to another tier 1 category or into tier 2 skilled worker, your wife should be able to apply for extension of dependant visa.

 

As far as visa application forms go, use the most up-to-date version and check the link below:

http://www.ukvisas.gov.uk/en/howtoapply/vafs/

 

I hope that clarifies the issue. Kind regards

 

Customer/p>

 

Expert TypeImmigration Solicitor
Category: UK Immigration Law
Pos. Feedback: 100.0 %
Accepts: 43
Answered: 2/4/2010

Experience: Litigation Partner with live and varied private client immigration caseload.

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Customer replied 1141 days and 10 hours ago.

HelloCustomer!!!

 

I have one more Question from you, hope just like last time you will help me out...

 

If some one is applying for Tier1 (general) category and he has completed his degree in Jan 2010 and he has only work experience of last 1 year from Jan 2009 to Dec 2009, wil his job and work experice will count as he has complted his degree also in between Feb 2009 to Jan 2010.

 

Waiting for your quick responce.

 

thanks & Regards.

 
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