Tier 2 Visa Issue

[adithi10]

Hi,

My husband is Tier 4 dependent. He has applied for switching from Tier 4 dependent to Tier 2 General as the company he is working with gave him CoS. We submitted the application on 12th of June 2014. On 21st July my husband received a e-mail from home office team asking him to submit his UK degree certificate. He replied them telling that he has applied for switching from Tier 4 dependent to Tier 2 and not Tier 4 Student to Tier 2. And they agreed to it. Now we got a letter of 2nd August from another person of home office stating that since we did not submit the UK degree certificate , the decision on granting the visa will take much longer.

Can someone please tell what should we do. Our current visa expires on 31st August 2014.

Thanks in advance

[adithi10]

Can someone please advice what can be done.

The letter contains no contact information and my current visa expires on this 31st.

[ECOTROT]

I am not sure exactly why they have requested a degree certificate.

How is your husband meeting the English language requirement? It could be connected to this?

Could you have ticked the wrong box on the application form?

It sounds a little strange. The partner of a Tier 4 migrant can switch to Tier 2 - but there is not any need for a degree in the Immigration Rules. The degree requirement, as you rightly say, is for Tier 4 migrants and other students (not dependants) switching to Tier 2:

(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain
as:
(1)a Tier 4 Migrant,
(2)a Student,
(3)a Student Nurse,
(4)a Student Re-Sitting an Examination,
(5)a Person Writing Up a Thesis,
(6)an Overseas Qualified Nurse or Midwife,
(7)a Postgraduate Doctor or Dentist, or
(8)a Student Union Sabbatical Officer.

Unless your husband is one of the above he does not need to have passed a degree in order to switch to Tier 2.

On the form it includes those switching 'as the partner of a Tier 4 migrant if the relevant Points-Based System migrant is a Tier 4 migrant.' If your husband ticked this, then I cannot see why a degree certificate was requested. Assuming they have all his visas and residence cards, I can't see why there is this confusion.

Only thing I can think of really is the English language requirement. Sorry, hope that helps.

Good luck!

[adithi10]

Thank you for your reply Ecotrot.

I crossed checked the online application we had applied just now. we have selected the option dependent of tier 4 migrant option only.



the image above shows that he qualifies for the english requirement which is based on points based calculator.

The email that lady had send. she has marked it in yellow stating that he is switching from Tier 4 general to tier 2 general. so it is a mistake from there side which later she did not update even after we told her its is tier 4 dependent.

we emailed that lady today since we dont have the contact info of the person who send the letter, but she did not bother to reply.

So we send a letter to that person by post with next day delivey with the email message conversation print which we had with that lady. they should be getting the letter by tomorrow 1pm. Hope he responds.

[manci]

........ he qualifies for the english requirement which is based on points based calculator.

on which route?

I am a national from a majority English speaking country
I have a UK Bachelor degree-equivalent qualification (or above) that was taught in English
I have passed an approved English language test

[adithi10]

our visa got rejected. It was due to CoS. His employer had given him unrestricted CoS rather than restricted

now the company is looking into options how they can get his visa things fine before 30th of this month.

they are also ready to pay for our visa since it was mistake from their side.

fingers crossed!! don't know how they gonna get it in such a short period.

coz as far as i know restricted CoS allocation is done on 5th of every month.