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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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hi i am currently on post study work visa, which is going to

Customer Question

hi i am currently on post study work visa, which is going to expires on 8 september 2011. My wife is on tier 4 student visa doing her phd. we both came to uk on student visa in 2007 for msc we completed our studies then i get psw and she start doing phd and is on tier 4 now. we got married this year and i apply for her depended in end of june but today 2 september 2011 i got their reply in which they refuse my dependend visa under section 319c(h). and did not give the right to appeal as my visa still valid till 8 september 2011.
now the time is so short i cant do any thing, i am from pakistan and she is from china.
now i dont want to leave her here alone and go back to pakistan. now what should i do re apply or what.
what are the chances of getting the visa if i re apply from in country.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Can you explain the precise reasons for refusal?
Customer: replied 5 years ago.
I reason of refusal they said. You were last granted leave to remain as a tier 1 post study work migrant the secretary of state is not satisfied that you have, or have last been granted, leave to enter or remain in uk as the partner of a point base system migrant.
And it has therefore been decided that you do not meet the requirements of the rules and it has been decided to refuse your application for leave to remain as a partner of a point based system migrant under paragraph 319c(h) of the immigration rules

What I understand from all is that I can not apply to be my wife dependend from uk, they ask me to go back and apply from my home country.
Which I don't want to do because visa process is very very slow their and dont want to leave my wife alone for long time.
Expert:  Senior Partner replied 5 years ago.
Thanks for the information. I am afraid that you are not eligible to apply in country for a leave to remain as the spouse of a point based migrant unless you were admitted as a spouse/partner in the first place. In effect it is not possible for non settled temporary entrants to switch to leave as a dependant unless it is of some one settled here. Furthermore tier 4 migrants are no longer generally able to bring dependants unless they are on appropriate courses. It is possible you could get leave if her PHD is with an appropriate university and is for more than 6 months. You have to apply from out side the uk however.

As a PSW permission holder you are expected to switch to another category. Can you not apply in another category? You need to put in some application before the 8th september otherwise you will become unlawful here.

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