Tier4 maintenance confusion

satsug · Post by **satsug** » Fri Feb 20, 2015 9:27 pm

Hi forum members,
Can anyone please answer my questions??
I am going to apply incountry tier4 application for myself and my dependant. Required money is held in my father-in-law(my wife’s dad) account. Is UKVI accept that document for maintenance money????please some one answer..

Frontier Mole · Post by **Frontier Mole** » Sat Feb 21, 2015 8:18 am

See below

Greenie · Post by **Greenie** » Sat Feb 21, 2015 8:31 am

The answer is no. You can only use money in your name or your parent. Your father in law's money will not be accepted. Your wife may show money in her name to meet her maintenance requirement (but not her fathers as she is not the tier 4 migrant) see para 181 of the tier 4 policy guidance
https://www.gov.uk/government/uploads/s ... pdf#page35

Frontier Mole · Post by **Frontier Mole** » Sat Feb 21, 2015 8:35 am

Apologies - greenie is correct

satsug · Post by **satsug** » Sat Feb 21, 2015 1:12 pm

Greenie wrote:The answer is no. You can only use money in your name or your parent. Your father in law's money will not be accepted. Your wife may show money in her name to meet her maintenance requirement (but not her fathers as she is not the tier 4 migrant) see para 181 of the tier 4 policy guidance
https://www.gov.uk/government/uploads/s ... pdf#page35

Thanks Greenie For your information..
My immigration History is,
From 2009 till 2012 student my wife as my dependant
Following refusal student extension judge given discretionary leave from 2012 till 2014(for study at particular college)
college closed before i complete so i applied flr(o) its refused,FTT dismissed coz fail the article8 test
now waiting for UT permission decision{Grounds(Fairness) are HO didn't give a chance to find alternate college which is 60 days}

None of us is british. Now i have to b legal untill 2017 coz my twin childrens age now 5.
My questions are,
I i get 28 days for new application can i put tier4 as my wife first applicant????
Anybody please tell any options????

Frontier Mole · Post by **Frontier Mole** » Sat Feb 21, 2015 1:24 pm

Your wife can apply for tier 4 at any point. The issue will be getting a CAS.
The other issue will be your status and can you continue as a dependent on her. This will be the case for the children obviously too. Your last grant of leave was under DL so if you do not have tier 4 dependent leave there could be issues.

It all depends on what educational establishment she is considering and how long the course is.

Greenie · Post by **Greenie** » Sat Feb 21, 2015 2:40 pm

It is not possible to switch from discretionary leave to Tier 4 under the rules, it's also not possible to switch from tier 4 dependent to tier 4 so making your wife the main tier 4 migrant is not going to work if she will be applying from inside the uk. If you didn't have tier 4 leave when your college closed so the 60 day rule doesn't apply.

satsug · Post by **satsug** » Sat Feb 21, 2015 4:05 pm

Greenie wrote:It is not possible to switch from discretionary leave to Tier 4 under the rules, it's also not possible to switch from tier 4 dependent to tier 4 so making your wife the main tier 4 migrant is not going to work if she will be applying from inside the uk. If you didn't have tier 4 leave when your college closed so the 60 day rule doesn't apply.

Thank you Frontier mole and Greenie for your valuable feedbacks.
If not the 60 day rule HO should have granted my flr(o) coz
'The circumstances which I was granted discretionary leave remain same, when I applied the extension'
Anyways i am hoping for UT..I am waiting from dec2014.
SO if i get 28days for another application, no more options for me????

satsug · Post by **satsug** » Mon Feb 23, 2015 7:42 pm

satsug wrote:
Greenie wrote:It is not possible to switch from discretionary leave to Tier 4 under the rules, it's also not possible to switch from tier 4 dependent to tier 4 so making your wife the main tier 4 migrant is not going to work if she will be applying from inside the uk. If you didn't have tier 4 leave when your college closed so the 60 day rule doesn't apply.
Thank you Frontier mole and Greenie for your valuable feedbacks.
If not the 60 day rule HO should have granted my flr(o) coz
'The circumstances which I was granted discretionary leave remain same, when I applied the extension'
Anyways i am hoping for UT..I am waiting from dec2014.
SO if i get 28days for another application, no more options for me????

Hi @Greenie

Please clear this doubt for me. If UT refused my application that point my section3C ends and iam overstayed, which means iam not come under any category of leave.
So from this point, Is it possible to apply tier4 for me or my wife?????

Greenie · Post by **Greenie** » Tue Feb 24, 2015 5:18 pm

245ZX. Requirements for leave to remain (b) The applicant must have, or have last been granted, entry clearance, leave to enter or
leave to remain:
(i) as a Tier 4 (General) Student,
(ii) as a Tier 4 (Child) Student,
(iii) as a Tier 1 (Post-study Work) Migrant,
(iv) as a Tier 2 Migrant,
(v) as a Participant in the International Graduates Scheme (or its predecessor, the
Science and Engineering Graduates Scheme),
(vi) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(vii) as a Postgraduate Doctor or Dentist,
(viii) as a Prospective Student,
(ix) as a Student,
(x) as a Student Nurse,
(xi) as a Student Re-sitting an Examination,
(xii) as a Student Writing-Up a Thesis,
(xiii) as a Student Union Sabbatical Officer, or
(xiv) as a Work Permit Holder.

No, because neither of you have or were last granted leave to enter/remain in one of the categories listed above.

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