1) If
GR 9.4. The applicant must be in the UK on the date of application and must:
- (a) have, or have last been granted, permission as a dependant partner of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
- (b) have, or have last been granted, permission as a dependant child of either a Student or dependant partner of the Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
- (c) be a child born in the UK during the last grant of Student permission of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route.
fails, then it prevents Mr. A from applying?
Caseworkers’ Guidance interpret
have last been granted
restrictively.
Validity
The caseworker must check the applicant has, or has last had, permission as a Student’s dependent partner or dependent child of either a Student or that Student’s dependent partner, and that Student is also applying for or has been granted permission in the Graduate route. For the purpose of this requirement, this means an applicant must either currently hold valid permission as a dependant (partner or child) on either the Student route or the Tier 4 (General) route or must have held valid permission on the Student or Tier 4 (General) routes which expired within the timeframes allowed in paragraph
39E exceptions for overstayers.
excludes Mr A’s last grant of leave as a dependant.
Unfortunately, without Courts eventually deciding differently, it’s safer to extend under
Skilled worker route with another sponsor prior to any
curtailment date.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
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