Tier 2 dependent if refused can I apply from within UK again

[jason32]

Hi guys,

I need some help, I am soon going to apply for tier 2 general dependent. My wife is the main applicant and shes already on tier 2, I am on tier 1 PSW at the moment and 2 kids are my dependent. Now I want to apply as the dependent of my wife. Just want to know if I apply now and if my visa gets refused for some reason, will I be able to submit a new application from within UK immediately after the first refusal?

Also will a letter from bank saying that I've had certain minimum balance from last 3 months work to show maintenance?

Any help would be appreciated.

[jason32]

Anyone? please help?

[jason32]

please?

[vinny]

Subject to 319H.

[jason32]

Subject to 319H.

Vinny, thanks for replying, I checked 319H and couldnt find the relevant info? please help. I just want to know if I apply with a letter from my wife's employer for maintenance (which they are not willing to write everything required but I want to take chances) and it gets refused, will I be able to submit a fresh application using different proof of maintenance from within UK or will I have to leave immediately?

[vinny]

Sorry, you should look at 319D too.

If the initial application was valid and in-time and refused, then

if you still have leave, then another application may be made; or
if your leave has expired/curtailed, then it's "treated as continuing" under Section 3C/3D, to allow you to appeal. Section 3C/3D lapses after 10 working days following the refusal receipt (assuming that you are not appealing). You may make a subsequent application within 28 days after Section 3C/3D lapses.

[jason32]

Sorry, you should look at 319D too.

If the initial application was valid and in-time and refused, then

if you still have leave, then another application may be made; or
if your leave has expired/curtailed, then it's "treated as continuing" under Section 3C/3D, to allow you to appeal. Section 3C/3D lapses after 10 working days following the refusal receipt (assuming that you are not appealing). You may make a subsequent application within 28 days after Section 3C/3D lapses.

My leave is expiring on 29th oct, so if my application is refused then I'll have 28 days to make a fresh application? if I apply within this 28 days time, would I become an over stayer?

Also if I decide to go home and apply from there, do I need to show maintenance like £630X3= £1890 or would I need to include the main applicant too so £1890+945= £2835 (even though my wife the main applicant is already in UK and working)