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Dependant working rights

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

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cbstudent
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Posts: 1
Joined: Sat Nov 26, 2011 7:34 pm
Location: London

Dependant working rights

Post by cbstudent » Sat Nov 26, 2011 7:37 pm

Hi All,
I will really appreciate if the experts can help me.
My background and Situation: I am in international student in the UK . I came to UK in Oct 2009 along with my husband. My husband is on dependent visa and also entered at the same time with me. I have completed NVQ level 3 in dental nursing in Nov 2011. My visa is running out in Jan 2012.
Now, I am looking for admission in a university / college with which my husband can work without any restriction. I don’t mine my working rights. I have following options.
1: If I take BA in Business Management course (level 6 and 3 yr course) in BPP University College (UK Recognised body), I am going to have 20 Hrs work allowed during term time. They are not sure about my husband’s working rights and asking me to contact UKBA where I am not getting any response. Will my husband be able to work?
3. If I take BA in Business Management course (level 6 and course runs more than 12 months) in private collage (not FE college or Uni), then I know that , I won’t be allowed to work. Will my husband will allow to work full time? -- We will apply at same time within UK.

I have carefully studied the guidance for dependents of tier 4. UKBA says:
For family members of Tier 4 (General) Students only – if the main applicant’s grant of leave is for less than 12 months the family member will not be allowed to work whilst in the UK, unless the main applicant is a Government Sponsored Student.
For family members of Tier 4 (General) Students only – if the main applicant’s grant of leave is for a course of study below degree level, the family member will not be allowed to work whilst in the UK, unless the main applicant is a Government Sponsored Student.

If I interpreter both the paragraphs, it appears that UKBA has not made it clear that Tier 4 student has to be in Govt funded FE college or Higher Edu Institute for their dependents to work in UK. Therefore, if I take an admission in Level 6 course in private college, I think, I won't be able to work but my husband will able to work without restriction. --- I have asked this question to one other solicitor but none of them had a clear answer.

The UKCISA website tells:
If your family members make their immigration application on or after 4 July 2011, they 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
If your family members are able to join you or stay with in the UK under a different provision, 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.
• What does it mean by a different provision?
• What if I take an admission in Level 6 course in private college, , I won't be able to work but my husband will able to work without restriction.
• What if I take level 6 and 3 yr course in BPP University College (UK Recognised body), Will my husband be able to work?

I would be really grateful if you can clarify this.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Nov 30, 2011 11:23 am

Life isn't fair, but you can be!

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