Application for Leave to remain as a dependant of a Tier 4

[shahidlitu]

Hi
I have been switch my visa from PSW to Tire 4 applied by 16th of feb 12. I got my visa(2nd june12) on ACCA course for 3yr 2months whereas UKBA refuse my wife's visa(6th June12) saying that,
"it has been decided to refuse the application for leave to remain as a partner of a PBS migrant under paragraph 319C(h) of the immigration rules."

They also said "A decision has also been made to remove you from UK by way of directions under section 47 of the immigration, asylum and nationality act2006."

Their explaination is that...In view of the fact that your husband and sponsor mr... was previously granted a psw visa the secretary of state is not satisfied that you have, or have last been granted, leave to enter or remain in the UK as:

>the partner of a point based system migrant, or
>the spouse or civil partner or same sex partner of a person with leave under another catergory of the immigration rules who has since been granted , or is ,at the same time being granted, leave to remain as a Point based system migrant.

They also send me a appeal form with 10 business day time to appeal.

Would anyone's plz explain me what is my present situation and what are they exactly indicate into the explanation.

My wife came in UK last year 8th march11 and she got her visa feb16, 2011 from bangladesh when i was in PSW.

Thank you.

[Lucapooka]

You have not mentioned what type of visa you wife has.

[Greenie]

Is that the full text of the refusal? Does your wife has leave as your PSW dependent? I would assume if this is the case that the application has been refused under para 319C(i) as you are undertaking a course at undergraduate level and therefore cannot sponsor dependents unless you are government sponsored or you are extending leave as a tier 4 migrant (and your wife last had leave as a tier 4/student dependent). As you are switching from PSW you don't qualify.

[shahidlitu]

yes she came uk as my psw dependant visa in march8 2011

[Greenie]

and is that the full text of the refusal or not?

If your wife is a PSW dependent then she can't apply for leave as your Tier 4 dependent if you are not studying a postgraduate course.

[shahidlitu]

yes is the full refusal..text.and she has been refused under para 319C(h)...

[Greenie]

yes is the full refusal..text.and she has been refused under para 319C(h)...

do they mention anything about the fact that you switched from PSW and your course is undergraduate?

If not then they have quoted the wrong paragraph but your wife does not meet the requirements of the rules to be your dependent for the reasons already explained

[shahidlitu]

thank you greenie

one more thing she is now inside the Uk so why not she is eligible to apply as a dependant bcoz i thing only those who are wish to come form outside UK as dependant their sponsor should be post-graduate student, isn't it?

[shahidlitu]

my psw course was post-graduation 'media & communication management' from Middlesex university and they didn't mention anything about that.

[Greenie]

the course you studied in order to obtain leave under PSW is irrelevent, it's your course now that matters. See para 319C(i)

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

(i) If the Relevant Points Based System Migrant is a Tier 4 (General) Student,

(1) the Relevant Points Based System Migrant must be applying for a course of study of more than six months duration and must have or have last had entry clearance, leave to enter or leave to remain as a Tier 4 (General) Student or Student for a course of more than six months duration within the three months immediately preceding the date of the application; and

(2) the Partner must have or have last had entry clearance, leave to enter or leave to remain as the Partner of a Tier 4 (General) Student or Student with leave for a course of more than six months duration within the three months immediately preceding the date of the application


If you are now going on to do an undergraduate course, you cannot sponsor your wife, because you are switching from PSW and not extending leave under Tier 4.