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T4 PBS Dependent Application

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

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

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jact25bd
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T4 PBS Dependent Application

Post by jact25bd » Sun Oct 11, 2015 6:18 pm

Hi
I was on tier 2 and with me I had my wife and 2yrs 4 month old born in UK as my dependent(Tier 2).
On 6 Oct I applied for Tier 4 visa using premium service in Glasgow and my application was approved. My course was at MSc level and at Queen Mary. Because I had not sufficient fund as maintenance i didn't include my wife and child in the application as my dependents.
Now my questions are
1. Will my wife and child have to apply for T4 dependent or they can still remain on their old T2 dependent visa which is valid till 2018.
2. If they need to apply how late they can wait before they apply.
3. If they need to apply separately how much maintenance should they need to show. do i need to show my maintenance again which i have already show during my application on 6th oct.

I will highly appreciate to get a early response

Jact25bd

sah10406
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Re: T4 PBS Dependent Application

Post by sah10406 » Sun Oct 11, 2015 8:12 pm

jact25bd wrote: 1. Will my wife and child have to apply for T4 dependent
No.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jact25bd
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Posts: 15
Joined: Sat Nov 05, 2011 4:41 pm

Re: T4 PBS Dependent Application

Post by jact25bd » Wed Oct 14, 2015 8:37 pm

Dear sah10406
Thanks for your respond.
I was searching through pbs dependent policy guidance regarding my issue but through out the guidance its only saying rules for applying as pbs dependent but couldn't find anywhere where its says people already on PBS dependent leave to remain will NOT have to apply again if the main applicant switch to other category.
Can you please provide me some references which shows my dependent won't have to apply again as PBS dependent.
Looking forward to hearing from you.
Regards
jact25bd

sah10406
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Re: T4 PBS Dependent Application

Post by sah10406 » Thu Oct 15, 2015 8:51 am

jact25bd wrote:Dear sah10406
Can you please provide me some references which shows my dependent won't have to apply again as PBS dependent.
No, because the immigration rules and guidance for applicants and caseworkers only say what you do have to do, not what you don't have to do!

They can apply for further leave duplicate leave if they want to, it would be a valid application, but it seems pointless to me.

If you are concerned, once you have the Tier 4 leave you can report your dependants' change of circumstances in the normal way. See https://www.gov.uk/change-circumstances-visa-brp
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jact25bd
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Posts: 15
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Re: T4 PBS Dependent Application

Post by jact25bd » Thu Oct 22, 2015 11:40 am

Hi
Just writing for those who may me in similar situation like me.
Home Office emailed me today saying they have curtailed my dependents' leave to remain to 60 days.
This means either they will have to apply to extend their permission or leave UK

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CR001
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Re: T4 PBS Dependent Application

Post by CR001 » Thu Oct 22, 2015 12:05 pm

Similar case in link below. Not sure if this is a new policy now with HO or not.

http://www.immigrationboards.com/uk-tie ... 96499.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sah10406
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Re: T4 PBS Dependent Application

Post by sah10406 » Thu Oct 22, 2015 1:31 pm

jact25bd wrote:Hi
Home Office emailed me today saying they have curtailed my dependents' leave to remain to 60 days.
This means either they will have to apply to extend their permission or leave UK
You didn't say anything in your original message about your Tier 2 leave having been curtailed. Has it? If so, when?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vinny
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Re: T4 PBS Dependent Application

Post by vinny » Thu Oct 22, 2015 1:57 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sah10406
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Re: T4 PBS Dependent Application

Post by sah10406 » Thu Oct 22, 2015 8:48 pm

vinny wrote:Ask for a reconsideration.
If OP's Tier 2 leave has been correctly curtailed, which it sounds like maybe it was, wouldn't that be correct that the dependants' leave was curtailed too?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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CR001
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Re: T4 PBS Dependent Application

Post by CR001 » Thu Oct 22, 2015 8:58 pm

Annoying when people don't post their full history/problem. See link below, Tier 2 sponsor license was revoked,

http://www.immigrationboards.com/indefi ... l#p1202250
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: T4 PBS Dependent Application

Post by vinny » Thu Oct 22, 2015 11:30 pm

sah10406 wrote:
vinny wrote:Ask for a reconsideration.
If OP's Tier 2 leave has been correctly curtailed, which it sounds like maybe it was, wouldn't that be correct that the dependants' leave was curtailed too?
Yes. That's correct. If the Tier 2 holder's leave had been curtailed, then the dependants' curtailments would be justifiable.

Unfortunately, we are also seeing cases where the PBS migrant's leave had not been curtailed! Then, I think that the dependants' curtailments are unjustifiable.

It's alarming to see caseworkers mistake a grant of further or indefinite leave to the PBS Migrant as a sign that the PBS Migrant's leave had been curtailed! It's contrary to the basic definition of curtailment. Caseworkers should be better trained.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jact25bd
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Re: T4 PBS Dependent Application

Post by jact25bd » Fri Oct 23, 2015 1:30 am

Hi sah10406
Though my t2 sponsor's licence revoked but during the time of my t4 application my leave was not then curtailed.

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