Student dependent - switching eligibility?

[poonamk]

I will be very grateful if someone skilled and experienced could please advise whether it is possible to switch to a student's dependent from within the country or does it have to be from the applicant's home country?

The applicant in this case was previously a post study worker, eventually refused on basis of deception, hence is now an overstayer.

Is there any such rule that states that they are not eligible to apply for dependent visa from within the country? Although they have been advised that it will be in their favour if they apply from their home country, their circumstances are not permitting them favourably to travel to their home country to make the application, and it would also be a common experience that once left the UK it would be very difficult for them to rejoin their partner in the UK, as they were refused on deception earlier.

Any help is greatly appreciated.

[geriatrix]

I am of the opinion that he/she has been advised appropriately - to apply for EC from home country.

Attempts to apply for leave to remain from within the UK may be considered as desperate attempts to misuse the immigration rules to remain in the UK - specially when the individual has already been accused of deception and refused leave to remain on that basis.

Not to forget the fact that the individual is now an overstayer i.e.- with no right to remain in the UK, any applications for leave to remain may not even be considered, the deception charge notwithstanding.

IMHO ....


regards

[poonamk]

So, the only possibility for us to live together, would be for my partner to go back home and apply the dependent visa??

And, what is the probability you think my partner will then have to get the Visa and come back so we can live together here?

[geriatrix]

It is important to realize that using deception to enter/remain in the UK is a serious charge. And this may have an impact on any EC applications in the future. Also, continuing to remain in the UK as an overstayer doesn't help either. This fact may also impact any future EC applications.

Every application is assessed on basis of its merits. so no one can tell you the success rate of your application.

You may want to consult an immigration solicitor for expert legal advice, given the facts.


regards