Switching to tier 4 dependent from Tier 1 entrepreneur

raval2013 · Post by **raval2013** » Thu Mar 17, 2016 10:41 am

Hello all,

I am bit confused with immigration rule 319C(h). I am not sure if it does applies to me?

I am currently holding tier 1 entrepreneur visa and my wife (who is in uk dependent on me) is planning to study. My visa is valid till Oct 2016 and I am not planning to extend my visa due to lack of investment opportunities.

My wife wants to do MBS in uk so she will apply for tier 4 student visa from India and we would prefer to live with together so I will apply for dependent visa.

Do I also need to apply my PBS dependent visa from India or I can switch from tier 1 ent. to dependent of tier 4 general with in UK?

Many thanks for your advise.

sah10406 · Post by **sah10406** » Fri Mar 18, 2016 9:41 am

raval2013 wrote:I am bit confused with immigration rule 319C(h). I am not sure if it does applies to me?

If you hold one of the 5 types of immigration permission listed in this rule, you cannot apply in the UK. Given that Tier 1 Entrepreneur is not listed, what is your concern exactly?

raval2013 · Post by **raval2013** » Sat Mar 19, 2016 7:24 pm

Given that Tier 1 Entrepreneur is not listed, what is your concern exactly?

Thank you.

My solicitor said below rule under section 319C does apply to me, that means I am not eligible to apply from UK?? If i apply from India than would it be possible that I would not qualify for 10 year ILR

"(iv) the following conditions must be met:
(1) the relevant Points Based System Migrant must be applying for entry clearance, leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:
(a) have entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student 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 a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and
(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.
(j) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days will be disregarded."

Greenie · Post by **Greenie** » Sat Mar 19, 2016 8:39 pm

is your wife coming to study a postgraduate course of at least 12 months duration at a publicly funded university?

sah10406 · Post by **sah10406** » Sun Mar 20, 2016 8:57 am

You must meet one of the following four provisions under para 319C(i):

(i) [Tier 4 migrant is government sponsored]; or
(ii) [Tier 4 migrant is doing a postgrad course at a HEI]; or
(iii) [Tier 4 migrant is doing DES]; or
(iv) [none of the above, but allowed to apply if you meet the provision].

I suggest you ignore and do not pay your solicitor, who does not seem to understand the immigration rules. Or at the least ask them whey they think you need to meet 319C(i)(iv) when you already meet 319C(i)(ii).

raval2013 · Post by **raval2013** » Sun Mar 20, 2016 8:31 pm

sah10406 wrote:You must meet one of the following four provisions under para 319C(i):

(i) [Tier 4 migrant is government sponsored]; or
(ii) [Tier 4 migrant is doing a postgrad course at a HEI]; or
(iii) [Tier 4 migrant is doing DES]; or
(iv) [none of the above, but allowed to apply if you meet the provision].

I suggest you ignore and do not pay your solicitor, who does not seem to understand the immigration rules. Or at the least ask them whey they think you need to meet 319C(i)(iv) when you already meet 319C(i)(ii).

Hello Sah10406,

My wife will be studying from reputed uni for more then 12 months, which of course will be uk government funded uni.

I have requested my solicitor to explain me why I can not switch with in UK. I will get back to you with his reply.

I called UKBA coupe of days ago regarding a query, received very unhelpful response. They also told me if I am changing my category from tier 1 ent. to tier 4 dependent, I need to go to India and apply for entry clearance. (I do not rely on their response because she couldn't refer me to the rule/guideline).

Many thanks for your help and time

sah10406 · Post by **sah10406** » Sun Mar 20, 2016 10:42 pm

raval2013 wrote:I called UKBA coupe of days ago regarding a query, received very unhelpful response. They also told me if I am changing my category from tier 1 ent. to tier 4 dependent, I need to go to India and apply for entry clearance. (I do not rely on their response because she couldn't refer me to the rule/guideline).

UKVI staff are not immigration advisers and, as you have seen, they do not give correct information nor cite any sources for their made-up "advice". However, apparently neither does your solicitor. Hopefully you can see for yourself from the Immigration Rules that you can apply in the UK.

monolyte · Post by **monolyte** » Tue May 24, 2016 9:52 pm

Hi I applied without a lawyer.
I Had Tier 1 E visa (Main applicant), While my wife was my dependant in UK. My wife switched to Tier 4 student visa and I am now her dependant. We had to apply from home country. we got back reply in less than 10days each. she applied first and i applied when she got hers. BUT after i submitted my application 3 days later I was call by phone to submit the following documents in addition to the standard application documents referred to in the application form.
1. 12 months company accounts (to show business is running at least even if no profit is made)
2. evidence of paying UK tax, eg NI, tax return ( to prove I am self employed only not working anywhere as employee)
3. pay slips ( proof of self employment)
4. company latest HMRC account. ( proof of business activities since company was established)
Luckily for me I had been running my business although I did not invest all 50k. But I had been executing little contract jobs her and there and made sure they paid into my business account not personal account
( as the TIER1 E visa states that I can work only for my business). So I had all documents and i sent it by email the next day and got my visa 2 days later. Note All funds where held in our account until we got the visa)
I had to switch because I could not meet up with the Tier 1 E requirement for renewal. Hope this info help some of you.

Please Note I have made my reply easy to understand and as transparent as I can; therefore I will not entertain an question

FOCUS · Post by **FOCUS** » Sat Jun 04, 2016 7:14 pm

Hi Monolyte, Thats so great of u, that u shared you case which would help some one in this board.
My question here is ,as u wrote
Note :All funds where held in our account until we got the visa

Does this mean that you have showed 50k or 200k funds, or after doing some investment u showed the remaining money in ur bank again ?
or
you are talking about the maintenance funds of tier4 visa ?

Please let me know. Thank you

monolyte · Post by **monolyte** » Sat Jun 04, 2016 7:29 pm

FOCUS wrote:Hi Monolyte, Thats so great of u, that u shared you case which would help some one in this board.
My question here is ,as u wrote
Note :All funds where held in our account until we got the visa

Does this mean that you have showed 50k or 200k funds, or after doing some investment u showed the remaining money in ur bank again ?
or
you are talking about the maintenance funds of tier4 visa ?

Please let me know. Thank you

Hello,
just t4 maintenance funds

FOCUS · Post by **FOCUS** » Sat Jun 04, 2016 9:36 pm

Thank you monolyte

Anil2908 · Post by **Anil2908** » Tue Aug 29, 2017 8:39 pm

Hi Monolyte

Have you switched to tier 4 dependent withing UK or is your application made outside of UK ?

monolyte wrote: ↑
Tue May 24, 2016 9:52 pm
Hi I applied without a lawyer.
I Had Tier 1 E visa (Main applicant), While my wife was my dependant in UK. My wife switched to Tier 4 student visa and I am now her dependant. We had to apply from home country. we got back reply in less than 10days each. she applied first and i applied when she got hers. BUT after i submitted my application 3 days later I was call by phone to submit the following documents in addition to the standard application documents referred to in the application form.
1. 12 months company accounts (to show business is running at least even if no profit is made)
2. evidence of paying UK tax, eg NI, tax return ( to prove I am self employed only not working anywhere as employee)
3. pay slips ( proof of self employment)
4. company latest HMRC account. ( proof of business activities since company was established)
Luckily for me I had been running my business although I did not invest all 50k. But I had been executing little contract jobs her and there and made sure they paid into my business account not personal account
( as the TIER1 E visa states that I can work only for my business). So I had all documents and i sent it by email the next day and got my visa 2 days later. Note All funds where held in our account until we got the visa)
I had to switch because I could not meet up with the Tier 1 E requirement for renewal. Hope this info help some of you.

Please Note I have made my reply easy to understand and as transparent as I can; therefore I will not entertain an question

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Switching to tier 4 dependent from Tier 1 entrepreneur

Switching to tier 4 dependent from Tier 1 entrepreneur

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