How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
62162956
Type Your UK Immigration Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

Hi,I am a mature student, studying ACCA + MBA with London

Resolved Question:

Hi, I am a mature student, studying ACCA + MBA with London School of Bussiness and Finance from the 2nd of November'2011. My course of study is more than 12 months and my student visa is for 3yrs. Now i am trying to call my wife as a dependant. Her visa was refused due to the following: 1)You have applied for entry clearance as the dependant of Mr. Somit Kapoor. However, you are not applying at the same time as your spouse and you have provided no evidence that you have previously held leave to remain as the partner of a Tier 4 (General) student or student for a course of more than six months within the three months preceding the date of your application. You are therefore refused under paragraph 319C (i) (2) & (3) of the immigration rules. 2)Furthermore, you have provided no evidence that your spouse is a government sponsored student studying a course. I am therefore not satisfied that you are the spouse of a Government Sponsored student who is applying for or has entry clearance or leave to remain for a course of study that is longer than six months. You are therefore refused under paragraph 319C (i) (4) of the Immigration Rules. 3)In addition, you have submitted a letter from London School of Business & Finance stating that your spouse is studying an ACCA course. Whilst I acknowledge that this is an NQF level 7 course the college is not a higher education institution. I am therefore not satisfied that you are the partner of a Tier 4 (General) student who is undertaking a course which is 12 months or longer in duration, and is of post-graduate level study, sponsored by a Sponsor which is a Recognized Body or a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council. You are therefore refused under paragraph 319C (i) (5) of the Immigration Rules. I dont fully understand the 1st point. 2nd point, I agree that my insitute is not a government insitute. 3rd point my course is more than 12 months, as proof she submitted my visa copy and my CAS. Moreover LSBF is a listed body and not a recognised body. In this case what would you advice.


 


 


Regards XXXXX XXXXX

Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.
Hello,

The first point means that your spouse did not apply for the visa at the same time as you, which is true.

I will check the rules and advise if this is a correct application of the rules by the British High Commission.

Please click Accept, I will answer your follow up questions for free.
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 5 years ago.
Bad news I am afraid.

As of 4 July 2011, your dependents can apply for immigration permission to join or remain with you only if:
  • You are government sponsored and your course is over six months long OR
  • You are doing a postgraduate level course of 12 months or longer at a Higher Education Institution OR
  • You had Tier 4 or pre-Tier 4 student leave for your previous course where the course was over six months long AND
    • your permission is current or expired no more than three months before this immigration application AND
    • your new immigration application is for a course over six months long AND
    • your dependants already have Tier 4 dependant or 'student' dependant leave AND
    • you apply for immigration permission at the same time as your dependant.
The Home Office has deemed that your ACCA & MBA course is not postgraduate level and you do not study at a higher education institution, so I am afraid your wife cannot join you.

Sorry about this.

Please click Accept as your query has been answered.

Related UK Immigration Law Questions