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PSW Dependant

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

PSW Dependant

Post by weikianng » Tue Sep 20, 2011 11:54 pm

Hi all, I am new here and my fiancee and me needs some help in a few questions.

My fiancee and I both came to study in UK in September 2009. Currently, I am a PSW holder and employed full time currently in an SME. My PSW will expires in Jan 2013. My fiancee on the other hand holds a student visa until April 2012. She is studying ACCA in a Professional Training Centre.

Last week, when she went for enrolment, one of the staffs told her that she is not allowed to be enrolled due to not meeting the requirements set (passing 1/2 over the exams). Moreover her student visa will be cancelled. They have stated they have informed the Home Border and we will be expecting a letter stating she will need to leave UK in 60 days.

We would still very much like to stay in the UK and have been since assessing what options do we have. My fiancee would like to continue doing ACCA so we will not be considering another student visa. Below are our options.

1: Switching to PSW Dependant
2: Company to sponsor me a Tier 2 General, and her as Dependant
3: Me, to apply for studentship doing PhD and her as Dependant
4: Return to our country which we hope not to

Could someone experienced shares some view and advice me if she will need to return to our country to origin for Dependant visa or she can switch from student visa into Dependant visa inside UK?

Thanks in advance,
Vincent

2:

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 21, 2011 12:36 am

She can only apply to be your dependant (PSW, Tier 2, Tier 4, whatever) from outside the UK.
If she does apply as your dependant, unless you marry, you will need a paper-trail of evidence over a two year period that demonstrates an co-habitation in an interpersonal relationship akin to marriage.

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Wed Sep 21, 2011 12:42 am

Thanks for the reply. If we register now in UK, will it creates any issue?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 21, 2011 12:50 am

You have 60 days in which to get married. If she overstays she will be banned from re-entry for 12 months.

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Wed Sep 21, 2011 1:02 am

[quote="Lucapooka"]You have 60 days in which to get married. If she overstays she will be banned from re-entry for 12 months.[/quote]

Thanks again. Meaning we can just get married in a sudden, and she to return to our country and apply Dependant from there?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 21, 2011 9:59 am

Meaning you can try. I don't know the timescale for marriage in the UK but the legal requirement (statutory banns) will be one time but the actual availability (queuing time) for a date will be another.

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Wed Sep 21, 2011 10:07 am

Does she stand a chance to appeal for not revoking her student visa? We have asked the school and told there is none, and they were passing us between the HQ and the branch which neither of them would like to help.

Any organisation that will help in this situation?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 21, 2011 10:11 am

The curtailment of the visa is a matter for the UKBA rather than the college. The college can't revoke leave; they merely inform the UKBA that a student is not continuing and the UKBA then act accordingly. Unless the college are prepared to issue a CAS and enroll the student, there is nothing you can do.

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Wed Sep 21, 2011 4:32 pm

[quote="Lucapooka"]The curtailment of the visa is a matter for the UKBA rather than the college. The college can't revoke leave; they merely inform the UKBA that a student is not continuing and the UKBA then act accordingly. Unless the college are prepared to issue a CAS and enroll the student, there is nothing you can do.[/quote]

Thanks for the reply. Do you know what are the chances of getting a PSW dependant visa approved, since she has her student visa revoked now? Will it affect anything? As I remember, there is a part where we need to fill in stating Visa being cancelled.

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