Dependant Visa Refused need urgent help please!!!!!

nehagharge wrote:Hi,

I have applied for HSMP extension under Tier 1 on 04/05/2010. Initially my visa was granted for 2 years, consecutively now for another three years.

I applied for my extension along with my wife, whom I got married recently in the month of March'10. The trouble is she was granted student visa which was valid from 15/04/2009 until 30/11/2010. We went back home for a religious marriage ceremony and somehow I was able to acquire marriage certificate. So, we returned and applied as in-country applicants. The case worker approved my application, but refused my wife's application stating that the 'Secretary of State is not satisfied that you have, or have been granted, leave to enter or remain in the United Kingdom as:

• the partner of a relevant points-based system migrant, or

• the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of the Immigration Rules who has since been granted or is, at the same time, being granted leave to remain as a Tier 1 Migrant.

Therefore you do not satisfy the requirements of the Immigration rules for this category and it has been decided to refuse your application for application for leave to remain as a partner of a Tier 1 Migrant under paragraph 319 (C) of the Immigration rules as you do not meet the requirements at paragraph 319C(h).

You still have leave to remain as your current conditions continue to apply as a student until 30 November 2010.

And she is not entitled for the Right of appeal under section 82 of the Nationality Immigration and Asylum Act 2002.

I would request your advise on how shall I approach to obtain a dependent visa, shall I re-apply as in country applicant, as they have given an option to make a new application with fresh supporting documents, or would it be advisable to let her go back to India and obtain an entry clearance as dependant of Tier 1.

nehagharge wrote:Hi,

I have applied for HSMP extension under Tier 1 on 04/05/2010. Initially my visa was granted for 2 years, consecutively now for another three years.

I applied for my extension along with my wife, whom I got married recently in the month of March'10. The trouble is she was granted student visa which was valid from 15/04/2009 until 30/11/2010. We went back home for a religious marriage ceremony and somehow I was able to acquire marriage certificate. So, we returned and applied as in-country applicants. The case worker approved my application, but refused my wife's application stating that the 'Secretary of State is not satisfied that you have, or have been granted, leave to enter or remain in the United Kingdom as:

• the partner of a relevant points-based system migrant, or

• the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of the Immigration Rules who has since been granted or is, at the same time, being granted leave to remain as a Tier 1 Migrant.

Therefore you do not satisfy the requirements of the Immigration rules for this category and it has been decided to refuse your application for application for leave to remain as a partner of a Tier 1 Migrant under paragraph 319 (C) of the Immigration rules as you do not meet the requirements at paragraph 319C(h).

You still have leave to remain as your current conditions continue to apply as a student until 30 November 2010.

And she is not entitled for the Right of appeal under section 82 of the Nationality Immigration and Asylum Act 2002.

I would request your advise on how shall I approach to obtain a dependent visa, shall I re-apply as in country applicant, as they have given an option to make a new application with fresh supporting documents, or would it be advisable to let her go back to India and obtain an entry clearance as dependant of Tier 1.