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Could Dependent Tier 4 migrant work?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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blessed247
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Could Dependent Tier 4 migrant work?

Post by blessed247 » Tue Sep 02, 2014 10:36 pm

The UKVI has recently updated their rules regarding Tier 4 students and their dependents.
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf
Page 9 of the online publication ' Family members of points-based system migrants - This guidance is based on the Immigration Rules' clearly states ' Code 1 conditions for family members of Tier 4 migrants whose course is degree level or above and lasts 12 months or longer'. Code 1 being - 'Right to work, but no recourse to public funds'.
However, I am receiving conflicting news regarding this, as I will soon be applying with a HTS private college and is being told that my dependent cannot work because I do not have the right to work. Even though I will be studying for more than 12 months, at degree level. Please note that my dependent has always been given the right to work since we were issued Tier 4 visas since 2011.
Has anyone had any experience or substantial evidence to support my queries? I really need to know if my Tier 4 dependent can work.

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Frontier Mole
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Re: Could Depenydent Tier 4 migrant work?

Post by Frontier Mole » Sat Sep 06, 2014 9:18 am

Tier 4 dependents can only work when the tier 4 has the right to work themselves.
The change of rules to negate dependent working is simply summarized as - only students attending at publiv funded further education colleges or universities have the right to work. By default if your visa does not allow term time working your dependent is not allowed to work.

So going to a private college regardless of the course of study or the award you will not be given the right to work.

chexgold
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Re: Could Dependent Tier 4 migrant work?

Post by chexgold » Sat Sep 06, 2014 10:39 am

i am with BPP University, Her Majesty's Most Honourable Privy Council has approved them and can issue degree, all the students doing ACCA level 7 course are allowed 20 hours
BPP is private - not publicly funded.
could be one exception due to privy council approval , as they are premium sponsor.

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Frontier Mole
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Re: Could Dependent Tier 4 migrant work?

Post by Frontier Mole » Sat Sep 06, 2014 1:26 pm

University regardless of being publicly funded or not are granted degree awarding powers and are Higher Educational Institutes (HEI's) hence all HEI students doing courses in excess of 12 months get 20 hours term time working and their dependants get the right to work.

maxflip50
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Re: Could Dependent Tier 4 migrant work?

Post by maxflip50 » Sat Sep 06, 2014 6:19 pm

I would say that tier 4 dependant can work legally full Time regardless the type of course of main tier 4 applicant

Dependant of tier 4 always can worl

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Frontier Mole
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Re: Could Dependent Tier 4 migrant work?

Post by Frontier Mole » Sun Sep 07, 2014 10:23 am

Dependant has not yet applied, or they applied on or after 4 July 2011

Your family members will be able to work if you are either:

a government-sponsored student taking a course that is over six months long, or
taking a postgraduate course that is at least 12 months long and you are studying at an institution that meets the UK Border Agency's definition of a higher education institution.
The UK Border Agency defines a higher education institution as a Recognised Body or as an organisation that receives public funding for specific funding bodies. You should check with your college or university if it meets this definition, or the UK Border Agency's definition of an "overseas higher education institution" if you are on a study abroad programme.

If your family members are able to join you or stay with in the UK even though you do not fall into one of the categories described above, they will be able to work only if you are applying for leave for 12 months or more and your course is at degree level.

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