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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2089
Experience:  I am a qualified solicitor and an expert in UK law.
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Good day, (am hoping someone here can point me in the right

Resolved Question:

Good day, (am hoping someone here can point me in the right direction).

My partner and myself had tier 1 visas(psw). As of first week in Dec he was granted tier 4 general student status with LSC - who is a highly trusted sponsor. My tier 1 visa expired Dec 14, can I switch to his unmarried dependent now, or must I apply to the tier 4 general as well. Any help given will be highly appreciated...as I am thoroughly confused with the immigration laws.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Have you now overstayed your Tier 1 visa?

Kind regards
Customer: replied 1 year ago.

Technically yes, since it expired Dec 14, but there is a grace period of 28 days.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The overstay rule is not a right to overstay or a statement of a period of grace. There is no grace period to overstay. It only states that IF you have already left the country and did not overstay on your previous visa, you will not be banned from reentry NEXT TIME you apply. It does not relate or refer to any CURRENT leave to remain.

If you are caught after your visa expires, even by one day, then the authorities will consider you an over stayer and you will be arrested, detained and deported.

However as you have now overstayed you do not currently have limited leave to remain in the uk . You would need to apply as the dependant of a tier 4 students not an unmarried partner. You must apply for a dependent visa from outside of the uk, please see following link for form and guidance :

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/10-pbs-dependant

You may apply for a student visa but again you would be applying as someone who does not currently have leave to remain in the uk. There any leave to remain granted will be at the discretion of the immigration officer.

You would not have trouble returning back to the UK as you have not overstayed your visa by more than 28 days.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2089
Experience: I am a qualified solicitor and an expert in UK law.
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