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Tier 4 to tier 1 dependant - within UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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cloud99
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Posts: 22
Joined: Sun Jul 06, 2014 1:01 am

Tier 4 to tier 1 dependant - within UK

Post by cloud99 » Wed Dec 17, 2014 4:42 pm

I have a friend who needs help. He is currently on tier 1 general - extension completed ( ILR due in oct 2015 ) and now he is planning to get married. His fiancé is on tier 4 - student visa and she has been in uk for more than 7 years. His fiancé's visa is going to expire in June 2015. They both are planning to get married in uk around February 2015.
Questions
1. Can the fiancé apply (switch ) for tier 1 dependant while she is in uk? Or she has to go back India ( home country ) for visa application .

2. If yes , Can she apply in march 2015 - slightly earlier ( usually 28 days before your visa expires )

3. In oct 2015 my friend will be eligible to apply for ILR - (the dependant) will she get ILR as well because she has been in uk for 7 years ( I guess dependants need to say minimum 5 years in uk in this it's 7 )

Many thanks in advance

Regards

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 4 to tier 1 dependant - within UK

Post by vinny » Wed Dec 17, 2014 9:34 pm

1. No, a fiancé cannot switch. However, a spouse may switch in the UK, subject to the normal requirements for dependants, under 319C.
2. She may switch at any time after marriage, preferably before her leave expires.
3. Unfortunately, no. 319E fails. She may extend.
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