Urgent Help Tier 4 Dependant from PSW dependant

I hope somebody can help me on this issue.

I am on a Tier 1 PSW depandant visa valid untill August 2011 and my husband switched over from PSW to Tier 4 General Student in March 2011. Now i would like to switch from PSW dependant to Tier 4 dependant. We could not apply in March because of the funds. Now i have been told that even with my application i need to show funds for both anyway which i have managed to sort out.

Now thw problem is that according to the guidence i might not be able to switch over because of the new rules.

My husband is stuydying MBA from a public funded college which also is a HTS sponsor and the course is 12 months long. I have read the guidence and i can not find any details regarding the switching from PSW dependent to Tier 4 dependent. (College is not a HEI institution).

His college said that i can but UKCISA saying that i can not.

Can somebody please help me on this issue if i can switch over or not? According to the guidence i would not be able to apply from back home either as i meed all the requirements except my husband institution is not HEI.

this is paragraph of the rules that applies to you, as, unfortunately, given that your husband has already applied for his tier 4 visa, you can't rely on the other more lenient paragraphs (319C (i) 1-3)

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

319C (i)

(5) the Relevant Points Based System Migrant must be 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 Recognised 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.

Is the college a recognised body or a body in receopt of public funding as an HEI?

http://www.bis.gov.uk/policies/higher-e ... sed-bodies

what is the name of the college?

Greenie wrote:this is paragraph of the rules that applies to you, as, unfortunately, given that your husband has already applied for his tier 4 visa, you can't rely on the other more lenient paragraphs (319C (i) 1-3)

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

319C (i)

(5) the Relevant Points Based System Migrant must be 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 Recognised 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.

Is the college a recognised body or a body in receopt of public funding as an HEI?

http://www.bis.gov.uk/policies/higher-e ... sed-bodies

what is the name of the college?

Thank you for the fast reply.

The college is a listed body and a HTS institution (Offering degrees from Universities) and not HEI. I think that it is not fair for us as i could have switched over before these new rules but they changed the rules. The new rules should apply to the new applications only and not to existing applicants. If i apply and get a rejection whta do u think are the chances for winning the appeal as there should be some transitional arrangements for these applicants.

2012 wrote:

Greenie wrote:this is paragraph of the rules that applies to you, as, unfortunately, given that your husband has already applied for his tier 4 visa, you can't rely on the other more lenient paragraphs (319C (i) 1-3)

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

319C (i)

(5) the Relevant Points Based System Migrant must be 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 Recognised 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.

Is the college a recognised body or a body in receopt of public funding as an HEI?

http://www.bis.gov.uk/policies/higher-e ... sed-bodies

what is the name of the college?

Thank you for the fast reply.

The college is a listed body and a HTS institution (Offering degrees from Universities) and not HEI. I think that it is not fair for us as i could have switched over before these new rules but they changed the rules. The new rules should apply to the new applications only and not to existing applicants. If i apply and get a rejection whta do u think are the chances for winning the appeal as there should be some transitional arrangements for these applicants.

I think this would be UKBA's position: the transitional arrangements are set out in the rules, i.e. 319C (i) (1-3)They are transitional in the sense that only those who previously had dependents here can benefit from them. They would usually expect the dependent to apply to switch/extend along with the main applicant. You didn't apply at the same time as your partner because you didn't meet the rules, that's not UKBA's fault.

Having said that I think the aim of 319C (i) 1-3 and in particular the 'applying at the same time' clause, is to stop dependents who for example, choose to remain at home and then apply for entry clearance later, to benefit from the more relaxed provisions.

I agree it is unfair given that you are already here as his dependent, and have remained here as his dependent and have been caught out by the change in the rules. You could apply and then argue on appeal, or alternatively, your husband could apply to study an MBA at an HEI or recognised body.

I understnad wat u saying but back in March there was this option to apply later without any issue. Now because they changed the rules and i m caught in between the rules. I have the old guidence with me and it clearly mention that i could apply.

I strongly believe that there should be transitionl arrangements for dependents in this situation. We all remember HSMP case which clearly points out about the unfair changes to the old applicants.

I am very thankful for your reply and i am definetely going to apply and if rejected will appeal and take it as further as i can as i believe that it is wrong and i hope that the tribunal will agree with me.

Hi All,

My wife and I have been here in the UK under PSW visa since 2012, I was her dependent.

15 days ago, she applied for Tier4 through LSBF for CIMA (level 7) and got the visa for 3 years. I did apply at the same time with her to move to Tier4 dependent category.

For my surprise, UKBA issued the VISA for my wife and rejected my application on the basis of 319c (1). This is a shocking decision taken by UKBA visa officer who included contradictory statements on the refusal letter. ("You made a combine application on xx/xx/xx with "so and so" for leave to remain in the UK as a Dependent Partner of a PBS Migrant and for BRP. An official has considered your application on behalf of the Secretary of State.

...........under refusal decision visa officer mentioned " You applied as a Dependent Partner of xx, who is not included i[/b]n this application and is not a government sponsored student. Your partner is studying CIMA level7 for 32 months at LSBF who are not a Higher Education Institute. Therefore the Secretary of state not satisfied that you meet the requirements of rules to be granted leave to remain as the Dependent Partner of a PBS Migrant"

As we had visa left till 20/04 under PSW category, they have not given me any appeal rights and I am stuck in a deadlock situation.

CAN ANY ONE PLEASE HELP... WHAT SHOULD I DO..... by reading the letter I understand that they have made an error saying that I did not apply at the same time, which i evidently did and filled our the online application 100% correctly.

I made the full payment to LSBF and now no chance of getting the refund as my wife got the visa.

Her course is due to start in April , can she apply to another CAS with HEI (Higher Education Institute)? as LSBF is just a HTS

As both of us in different categories now , (Me -PSW dependent , wife - T4 student), can we go ahead and pay to another university and apply as a fresh application (both together) within UK?

We have been here since 2009 as a family and had been no issues/ or refusals, I have been under dependent visa since 2012 and wanted to be the dependent, it was just a matter of switching from PSW to T4, it seems now UKBA wants me to leave the UK leaving my wife here , Is this really a good decision ....?

much appreciated your valuable thoughts /any one's experience on this, please help. Do I have a case to fight for.....

Many thanks

they have not made an error, you do not qualify for leave as a Tier 4 dependent as you don't meet the requirements of 319C (i), this is because your wife not studying at a postgraduate course of 12 months + duration at an HEI and is not government sponsored. As she is switching from PSW to Tier 4 you are not covered by the transitional arrangements set out in 319C (i) (iv)

https://www.gov.uk/government/uploads/s ... Part_8.pdf

I think their decision was wrong about your tier 4 dependant visa. Actualy they are confused themselves writing this controvercial policy.. check this..

OPTION 1
(i) Where the relevant Points Based System Migrant is applying for, or has been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student either:
(i) the relevant Points Based System Migrant must be a government sponsored student who is applying for, OR who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months;

OPTION 2
(ii) the relevant Points Based System Migrant must:
(1) be applying for, or have been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level that is 12 months or longer in duration; and
(2) be sponsored by a sponsor who is a Recognised Body or a body in receipt of funding as a higher education institution from either:
(a) the Department for Employment and Learning in Northern Ireland;
(b) the Higher Education Funding Council for England;
(c) the Higher Education Funding Council for Wales; or
(d) the Scottish Funding Council;

OPTION 3
(iii) the relevant Points Based System Migrant must be applying for, or have been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; OR

OPTION 4
(2) the Partner must either:
(a) have entry clearance, leave to enter, or leave to remain as the Partner of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or
(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the Partner of a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
(3) the relevant Points Based System Migrant and the Partner must be applying at the same time


I THINK YOUR SITUATUIN MATCH WITH OPTION 4