Please help

[RAJ2007]

Hello all,

My friend needs some advice. Let me give you a brief detail.

My friend (Mrs X) is a student and is studying PhD and near to completion. Her visa is valid until end of the year. Her husband is on dependent visa. They both are living in this country for more than 8 yrs.

Now her husband would like to apply for student visa (from country of origin) before her visa expires. About her husband - he also came to UK 8 yrs back on student visa but after a year switched into dependent visa after getting married to her before completing his studies.

My question is :

1. When he goes back and apply for student visa would he face any problem? (please note : he is completed one accountancy course (AAT) and would like to do higher professional acountancy course e.g. ACCA or CIMA.
2. Could they reject his application since he has been living here for 8 yrs and this extension would help him to complete 10 yrs? I mean on the basis of intension to stay.
3. How long does it take to get a visa from India (if he takes all the paperwork)?
4. The course begins in October. When is the earliest he could apply for student visa?
5. If he gets student visa from country of origin before his dependent visa and return straightaway would his 10 yrs long stay clock would still be ok?


Please advice.

[vinny]

1. 12.4 - Students and how they qualify.

2. Chapter 18 - Long residence (2.1.3).

3. Customer Services and Feedback

4. When should I apply?

5. Chapter 18 - Long residence (2.1.3).

[RAJ2007]

Hello Vinay,

Thanks for all the information.

I am got few more further query - According to the statement below his Long Residency would not be discontinued. Am I right?

"Continuity of residence should be considered to have been broken if the applicant has
spent a total of more than 18 months absent from the United Kingdom during the
period in question.
Subject to that, continuity shall not be considered to have been broken where an
applicant is absent from the United Kingdom for a period of 6 months or less at any
one time, provided that the applicant has existing limited leave to enter or remain
upon his departure and return.
IDI May/07 CH 18 - LONG RESIDENCE
5
To benefit from this, an applicant must have current leave covering the whole of the
period spent out of the country and will have been readmitted, on return from his
absence, to continue that period of existing leave. A person who leaves the UK when
one period of leave expires, and comes back with a fresh grant of leave, will not be
resuming his continuous residence, but will instead be starting a new period of
residence in the UK."

2. As I told you before he is on dependent visa until end of the year. Now he would like to join a college in October. Therefore his plan is to organise all paperwork from college and go back to apply for student visa in India sometime in June. Do you think it is too early to apply since course begins in October? Could they deny on the basis that he is applying too early?

3. Also since he didn't complete his studies 7yrs ago when he came to Uk but switched to dependent visa after a year- Do you think on that basis they may deny visa this time? (though he has completed AAT while on dependent visa).

[vinny]

The UKBA may treat a fresh grant of leave, from dependant to student, as starting a new period of residence in the UK. Before proceeding, your friend should get written confirmation to the contrary from the UKBA.

[RAJ2007]

Hello,

I have got another query.

My friend would like to apply for student visa. As far I know it is not possible to switch from dependent visa to student in-country. But I know someone else who exactly in the same situation like my friend has switched in-country in 2005.

Do you think HO will accept his in-country application to switch?

Also, suppose if he applies in-country and HO refuses the application and advises to apply from country of origin will the previous application have any impliaction the application that he intend to make from India.

Please advice.

[RAJ2007]

Please anyone who has been in my friend's situation could advice on my query.