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Switching: Want to be Internatioal Student status again

General UK immigration & work permits; don't post job search or family related topics!

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zee_aziz
- thin ice -
Posts: 55
Joined: Thu Aug 16, 2007 2:34 pm

Switching: Want to be Internatioal Student status again

Post by zee_aziz » Thu May 08, 2008 2:07 pm

hello everyone reading this!

I have been in UK since 2004, came here on student visa. After 3 years I made in country application and became 'International Student dependant' since my wife has been studying full time, I have started Post graduation degree course now as my wife's course is going to be finished in 8 months time and she wants to go back home. Now I have these queries, if u got any experience plz let me know:

1. Will I be able to get international student status again if I make in-country application?

2. Suppose my application is approved then if my wife does not want go back home and wish to accompany me here in Uk as my dependant; then will she be able to do this or will she have to apply from home country?

plz note that since getting dependant visa we both have never been to outside UK.

Thanks
ZA

sah10406
Diamond Member
Posts: 3716
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Switching: Want to be Internatioal Student status again

Post by sah10406 » Thu May 08, 2008 3:19 pm

zee_aziz wrote:hello everyone reading this!

1. Will I be able to get international student status again if I make in-country application?
Yes, but only if you last entered the UK with valid student entry clearance, i.e. the original permission you got from your home country. If you had already extended your stay as a student at least once before travelling, you will not have had valid student entry clearance, and so you cannot do this application in the UK. It is an unusual case, so I advise that if your university runs a Student Batch scheme, you ask them if they will send it for you. If you send it yourself, include a short letter explaining that you meet the Immigration Rules Paragraph 60(i)(a).
2. Suppose my application is approved then if my wife does not want go back home and wish to accompany me here in Uk as my dependant; then will she be able to do this or will she have to apply from home country?
If you can apply in the UK, just include your wife on the application. She does not need to apply separately. There is no problem switching from student to student dependant, only the other way round (unless you meet the rule as described above).
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

zee_aziz
- thin ice -
Posts: 55
Joined: Thu Aug 16, 2007 2:34 pm

Post by zee_aziz » Wed May 14, 2008 11:29 pm

Hello there
Thanks for such a compact and absolute reply; i am pleased.
Just letting you know that I have been outside Uk after getting student visa extension once with my wife and as far as I am remembered she has been with me after getting her extension so as you have mentioned, basically we both do not comply to para...60(i) etc.
Fair enough...
Can I request you please if u can tell us where can I find more info about this rule as somebody told me that if you have been outside uk AFTER switching to dependant then you just cannot revoke in country. on the other hand if you have not been outside UK after switching to dependant visa...you can.
What I am going to do...I am going to phone homeoffice immig enquiry bureea and ask...will let you guys know what they have said.
Till then.
Take care
ZA

sah10406
Diamond Member
Posts: 3716
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Post by sah10406 » Wed May 14, 2008 11:43 pm

zee_aziz wrote:Hello there
Just letting you know that I have been outside Uk after getting student visa extension once with my wife and as far as I am remembered she has been with me after getting her extension so as you have mentioned, basically we both do not comply to para...60(i) etc.
Fair enough...
If you have travelled at all since extending your stay in the UK, whether that extension was as a student or a student dependant, then you did not have valid student entry clearance when you last entered the UK, and so you do not meet that rule.
Can I request you please if u can tell us where can I find more info about this rule as somebody told me that if you have been outside uk AFTER switching to dependant then you just cannot revoke in country. on the other hand if you have not been outside UK after switching to dependant visa...you can.
Look up the actual rule in the Immigration Rules on the UKBA website. You cannot switch in the UK if you have travelled since extending your original student permission in any category, including student. You only had valid student entry clearance until the end of your first period of student permission in the UK. If you travelled after that, you can't switch.
What I am going to do...I am going to phone homeoffice immig enquiry bureea and ask...will let you guys know what they have said.
There is no need. They will probably not understand your query, and may misinform you. From what you say, it is clear that you would need to apply for a new student visa in your home country.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

zee_aziz
- thin ice -
Posts: 55
Joined: Thu Aug 16, 2007 2:34 pm

Post by zee_aziz » Thu May 15, 2008 11:39 pm

Hello there
good news here for me, I have checked my dates when I went outside UK and luckily it is before getting extension so I am safe.
I will include my wife in application: she has been outside Uk after getting extension.

So, in short, I can become international student again and she can be my dependant within UK, but she cannot switch to be a international student again like me.

Cheers everyone
ZA

sah10406
Diamond Member
Posts: 3716
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Post by sah10406 » Thu May 15, 2008 11:57 pm

zee_aziz wrote:Hello there
So, in short, I can become international student again and she can be my dependant within UK, but she cannot switch to be a international student again like me.
If you are sending the application yourself, I strongly advise that you enclose a short letter with your application clarifying that you meet that rule and therefore you can extend your stay as a student.

If your university happens runs a student batch scheme, ask them if they will send the application for you through the scheme, and if they can include a covering letter about your eligibility to extend as a student.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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