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 Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

i extend my visa before july 2011, can i bring my dependen

Customer Question

i extend my visa before july 2011, can i bring my dependent??
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Which visa? And how is the person your dependent?
Customer: replied 4 years ago.
student visa i want to bring my wife
Customer: replied 4 years ago.
hi there i extend my student visa before july 2011, i want to bring my wife as a my dependent, can i bring her as a my dependent. i am already in uk. waiting for answer...thank you
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Sorry, I need to Opt Out because this is a UK immigration question. Someone should be with you shortly. Good luck to you.
Expert:  Senior Partner replied 4 years ago.
Thank you for your question. In order for me to assist you can you please: (1) confirm the type of visa that you are on (tier 4)? (2) give full details of the course that you are on - is it a post graduate level / HEI course of 12+ months or a government sponsored course for 6+ months?
Customer: replied 4 years ago.
but rules changed from july 2011 and i extend my visa before july so new rules affect me or no????
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Thomas replied 4 years ago.
Hi,

We need more information from you.

Are you on a Tier 4 (adult student) visa?

Is your course at degree level?

How long does your course last for?

Tom
Customer: replied 4 years ago.
i just want to know i have already visa before july 2011 so new rules which was comes after july 2011 will affect me or no???????????? because i have already visa before july
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your reply.

Post July 2011 if you are in the UK on a Tier 4 visa then in order to bring your dependents you must either be:-
1. sponsored by a higher education institution on a course at NQF level 7 or above which lasts 12 months or more; or
2. a new government-sponsored student following a course which lasts longer than 6 months.

This is the rule change that came in in July 2011 which is I believe what you are referring to. The rules that your dependent's application are judged under are the rules in force as at the date of their application, as opposed to the date at which you were first granted your Tier 4 Visa.

So, if your dependents applied at any time after July 2011 then they must meet the above stated rule. If they qualified under the rule for dependent before July 2011, but did not qualify after July 2011 but still applied after July 2011 then I'm afraid that the UKBA would reject their application on this basis.

I am very sorry, I'm sure this is not the answer you wanted to hear.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Customer: replied 4 years ago.
thank you very much for your answer. so what is your suggestion i shoul submit my file according to old rules or not. i am waiting for your answer as soon as possible. can i try and if any problem from ukba i will make appeal. what is your suggestion. is there any possibility.
Expert:  Thomas replied 4 years ago.
Hi,

If your dependents qualify under the rules after July 2011 then they should make the application.

If they do not qualify then they should NOT make the application because it will simply be rejected and the UKBA will keep the application fee, so you can see that it would be a waste of money I'm afraid.

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 4 years ago.
i am doing iam course level-6 i have 2.5 years visa more from now. so you are saying i am not eligible for dependent. but i want my wife here what is the next solution can i bring as a visitor...
Expert:  Thomas replied 4 years ago.
Hi,

If you are below level 7 then you do not qualify to bring your wife.

She can apply for a visitor's visa, but she cannot stay for longer than 6 months and they will be very suspcious that she may overstay. Therefore you would have to show as much documentary evidence as you can that she has compelling ties to her home country which will ensure that she will return there once the visitor's visa has expired. Things like a letter from his employer stating her has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money she has available.

The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You should go to a local solicitor to draft a sponsorship declaration in which you state the terms of his visit, that you are to return at the end of it,that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

PLease click accept.

Kind regards,


Tom
Expert:  Thomas replied 4 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?
If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.
Please click accept. I cannot work for free.
Tom
Expert:  Thomas replied 4 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?
If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.
Please click accept. I cannot work for free.
Tom

Related UK Immigration Law Questions