tier 4 dependent visa rejected

[KAJI]

Hi
i got visa as a tier 4 student in private college but dependent visa rejected saying my college is private. I have appealled. Is there anyone who has gone througb this situation and won the case. Thanks

[vinny]

Was 319C(i) satisfied?

[KAJI]

Hi
When is that rule came? Is there any chance yo win appeal? Thanks

[KAJI]

Hi there
please does anyone know if somebody has won appeal in this situation? Tier 4 visa granted and tier 4 dependent refused saying it is a private college.
Thanks

[Lucapooka]

Is there any chance yo win appeal?

No, absolutely no chance at all, because it seems that your college is not a recognised body and you haven't given any information for us to doubt that fact.

[KAJI]

Hi luco
why u said like that?
We are staying together for 6 years and married in uk.

[Lucapooka]

This forum is not a Quiz Show where contestants are asked to guess and win prizes! How can you expect help if you don't give relevant information about your circumstances. You say you are a T4 migrant at a private college (only that, nothing else mentioned) and as such you can't bring your wife into the UK. However, you now seem to be suggesting that your wife is already in the UK! What is her current immigration status? So, give more information and perhaps you will get more information back.

[Honest Man]

Hi Guys!
My condition is something similar to the person started this thread but is more advance.
About me: I came to the UK in May 2009 as Tier 4 Spouse dependant from South Asia. My wife came in Feb 2009. Completed her masters in Jan 2011. Applied for PSW, application was successful. I was on Tier 1 PSW dependant till June 2013. June 2013 She applied for Entrepreneur visa, which was refused. She appealed the decision. Appeal exhausted in Mar 2014. Within 28 days she applied for student visa at private college. Her visa was granted my (dependant) visa refused. Reason for refusal "private college cannot sponsor dependant". I applied for FLR (O), but before FLR (O) decision rather before biometrics, My wife got admission in PhD at the University. I did variation of application and again submitted Tier 4 dependant. My wife got her visa, I was again refused. Reason 'Overstay'. My solicitor advised me to apply FLR (FP) and mentioned clause article 8 as she has valid leave to remain. I got some medical/ health issue and need to be nursed when have trouble. I have got elderly parents back home and they wont be able to care for my medical condition. My wifes supervisors are also very kind and they give a letter to support that it is essential that she have her husband along as her study is important and challenging. I applied FLR (FP) biometrics enrolled.

My questions are:
Did anyone come across such case and what was the out come in that case? (appreciate if reference is available)
can anyone point out weakness in my case (apart from overstay obviously!)? (devils advocate come on!)
Grant vs refusal ratio
If granted: what time duration?? any idea (please provide any reference case if available)
If refused: what will be its strength in the Court (I can appeal because: Immigration act 2014, appeal rights in case of Human right application refusal)
Can some one throw light on JR in such cases?

I know this will demand lot of time, reading and typing. I appreciate your efforts in advance.

[KAJI]

Hi luca
i was in psw and my wife in psw dependent. I applied for tier 4 visa from a highly trusted private college. I got visa but my wife visa as a tier 4 dependent rejected saying that my college is private not university. I have appealled now.
how much chance to win appeal. We are in this country for 6 years together.
Thanks

[Frontier Mole]

Honest Man

Your will struggle to win any appeal regardless of family life or HR considerations. Once you overstayed you have lost the majority of your rights. It does not help your case that your wife has a poor immigration history either.
Your story is the classic case of failing on intent.
Everything possible has been tried to maintain your stay in the UK. When all else fails jump back to the default position of student for the main applicant.
If you had returned home at the point your wife applied for tier 4 at the private college then you would be back in the UK now under valid leave with her PhD based tier 4.
The best you can hope for at the moment is spin out your appeal until your wife finishes her PhD.

You should not be in employment at the moment neither should you be accessing NHS treatment either officially. Both of these factors get checked by UKVI and will be used against you if that shows as being the case.

[KAJI]

Hi please can somebody give me your suggestion or experience based on my case. I had already explained my situation in this post. I was a tier 4 student with my wife as my dependent. Finished MBA and applied PSW visa and my wife got PSW dependent visa. Now i applied Tier 4 visa and got visa but my wife visa refused telling that my college is a highly trusted private college. I have given appeal right and appealed. please let me know if somebody has gone through this case and won? or how much chance to win based on human rights and had stayed as a dependent for almost 6 years in UK.
thanks

[Wanderer]

Hi please can somebody give me your suggestion or experience based on my case. I had already explained my situation in this post. I was a tier 4 student with my wife as my dependent. Finished MBA and applied PSW visa and my wife got PSW dependent visa. Now i applied Tier 4 visa and got visa but my wife visa refused telling that my college is a highly trusted private college. I have given appeal right and appealed. please let me know if somebody has gone through this case and won? or how much chance to win based on human rights and had stayed as a dependent for almost 6 years in UK.
thanks

Lucapooka already answered upthread.

No human rights issue here, are you hoping for ILR under the 10 year route?

[Frontier Mole]

Kaji
There is little hope of success for your appeal, the rule is simple, if it is not an HEI or FE establishment then you are not able to have a tier 4 dependent.
Given the rule and the fact that there is no right to have a dependent you are not being negated against on HR grounds. The fact that you were previously allowed on a different visa is not the issue. The tier 4 visa conditions are plain and simple, private college equals no dependent. If you want to retain your family life there is nothing to stop you returning home.
Your other alternative is to move to an HEI and reapply for dependent visa.
Even if your wife wins her appeal the best she will get is discretionary leave. I believe this sets her clock back to zero for ILR purposes(?).
Am I familiar with these cases - not that much as it is not the best route to pursue as it can not lead to the grant of a tier 4 dependent visa as there has been no error in law. If you had gone for FLRO or FLRFP you might have had some chance of success.

[htrmi]

hi there,

i applied for tier 4 visa and got it within 1 week after my interviiew but the wierd thing is they diid nt sennd anything for my dependent .... no passport no rejection letter nothing .... its been almost 3 weeks m waiting....

previously i was on psw and he was my dependent and now i got admission in a highly trusted colg .. m scared bcoz other ukvi r doing different things with ppl ...... in my class 4 ppl got visa and their dependent get visa with working rights..... one's dependent got visa but without working right...... and ppl like me who r still waiting for their dependents....... if there is a rule like privte colgs dependent cant get visa then how come ukvi gave visa to few ppl's dependent ......

i dnt understand what shall i do now...... can anyone suggests me something....

right now m doing cima ..... shall i swiitch to phd (now no appeal right frm here scared me most) or tier 2 ......

anyone suggest anytihng plz?????
thanks

[Frontier Mole]

The answer to why some students get dependent visas while some don't .
Those with current tier 4 dependent leave that renew their leave in country retain the right as dependent.
Looking at it logically you can't deny the same leave within the existing category.
Those moving to tier 4 non HEI / FE colleges (private colleges) from other visas do not have the right to dependants regardless of the previous right under say tier 1PSW.
Hence same course, same college different outcomes in regards dependent visas.
One thing to note although existing tier 4 dependants get to stay on they lose the right to work.

[htrmi]

thanks for reply frontier.....

i neeed to ask can if i want to change my sponsor frm highly trusted (CIMA) to university (PHD),,,,,, can i do it and in case if they refuse my visa would i still b able to stay in tier 4 which is valid until august 2016......
one more thing , do i need to show same £9100 bank statement or £1600 ......
and second option is tier 2........ but still i cant do anything unless i will get some decision for my dependent.. right????
could you please suggests any good option ........... thanks

[htrmi]

thanks for reply frontier.....

i neeed to ask can if i want to change my sponsor frm highly trusted (CIMA) to university (PHD),,,,,, can i do it and in case if they refuse my visa would i still b able to stay in tier 4 which is valid until august 2016......
one more thing , do i need to show same £9100 bank statement or £1600 ......
and second option is tier 2........ but still i cant do anything unless i will get some decision for my dependent.. right????
could you please suggests any good option ........... thanks

[KAJI]

Hi
If i get university for my master course, should i apply tier 4 visa first or we apply together withdrawing appeal? Thanks

[aaliya1986]

Hi
If i get university for my master course, should i apply tier 4 visa first or we apply together withdrawing appeal? Thanks

In the current climate, it will be nearly impossible to get admission if you have a little problem with your immigration history.

[searoze]

i neeed to ask can if i want to change my sponsor frm highly trusted (CIMA) to university (PHD),,,,,, can i do it and in case if they refuse my visa would i still b able to stay in tier 4 which is valid until august 2016......

Yes you can. If you lucky enough to secure you admission in any uni then you can apply for new visa. Your existing visa will remain valid if your current institute does not withdraw your current CAS and you continue attend your current institute.

one more thing , do i need to show same £9100 bank statement or £1600 ......

Reduced maintenance

and second option is tier 2........ but still i cant do anything unless i will get some decision for my dependent.. right????
could you please suggests any good option ........... thanks

If you switch your institute to HEI successfully then you can change the grounds of appeal at hearing. If not successful, new dependant application with in 28 days will still an option.

[searoze]

In the current climate, it will be nearly impossible to get admission if you have a little problem with your immigration history

Please read carefully before posting. She doesn't has any prob in immigration history, just the dependant was refused because of 319C(i).