Regarding tier 4 dependent work rights for acca level 7

[la]

Hi,

My wife is doing currently MSC in computing currently at Highly trusted sponser private college. Now she wants to do acca level 7 course at another highly trusted sponser private college. I (as my wife dependent) have work rights currently since once year. If she moves to new level 7 course at private highly trusted college

1) Can her dependent (me) get full work rights for next extension.
2) Can she ( main applicant) get full work rights.
3) Can she join ACCA course in Aug 2012 and continue her current course MSC in computing desertation.

Course duration is around 2 and half to three years

Please help us at the earliest to take next step.

[Deviser]

The answer of all three questions is NO.

Work permission is only allowed to HEI students and any student cannot possess 2 CAS at a time.

[la]

Can dependent not get work rights. As per UK BA if course is at level 7 and more than 12 months duration and if dependent is already in the UK with work rights then student dependent is allowed to do work.

Can dependent is allowed to stay along with Main application if course is acca level 7

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

Please confirm. I think it is given in policy guidance.



@Deviser --- Could you please provide me the proof of uk ba link where dependents are not allowed to work for level 7 course (acca) of more than 12 months duration at private college HTS.

[Deviser]

I think you are little bit confused with HTS and HEI. Work is only allow to HEI (Universities) and Govt. FE College students. A private college can be HTS but cannot be HEI or Govt. FE College.

HTS is a UKBA rating for all sponsors regardless they are HEI / Govt. FE College / Private College. HTS status has no connection with basic work permission rule and dependents regulations.

Level 7 course matter is related to dependents but its also connected with HEI. Level 7 course student can have their dependents in UK but only when they are studying in HEI, not HTS.

[la]

Hello @Deviser,

Thanks for detail reply.But I have an idea on all above said things.

But I think for dependents (already in the UK with permission) are allowed to extend their visa if course length is more than 6 months irrespective of HEI or private college etc.

http://www.ukba.homeoffice.gov.uk/visas ... ts/family/

But to get the work rights for dependent (already in the UK),

I think, main applicant can be studied at any college that could be private , government sponsored , Public funded irrespective of HTS

But course length should be more than 12 months and course should not be below degree level and should be above degree level ( level 7 course (acca)).

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


I think the rule you are talking about dependents out side the country. please confirm.

If my understanding is wrong, could you please provide me the proof of UK BA link on dependent work rights / stay who are already in the UK.

Thanks for all your help. Your urgent response is highly appreciated.

[Deepshithole2010]

If your wife wants to do an ACCA advise her to do it from a college which are associated with a university and issue CAS directly from university. In which case she would be allowed to work 20 hours and you would keep your right to work as her dependent.

Some colleges which are doing this kind of a partnership like LCA or LSBF.

[la]

I am not talking about my wife (main applicant work rights) . In fact I am not worried about my wife work rights whether she has or not, I do not have any problem. I am only talking about my (dependent) work rights (already in the Uk) and getting ready for extension as my wife is ready to enroll to next course acca level 7 course at private college (not lca or LSBF) in London and course is more than 12 months.

if you have information on dependent work rights in this scenario, please share that with the proof of UK BA link.

[Deepshithole2010]

Bro don't get too excited...........

Your right to work depends on the rights of the main applicant. In the eyes of UKBA it is the main applicant whose status is of primary importance which would determine whether you have any rights to work.

If your wife decides to enroll in any institution other than a university (or at least associated with a university) then forget about your rights to work you don't even have the right to remain in the country.

If you are looking to apply as a dependent of a person who is not studying in the university your visa will be refused straightaway under new home office rules.

Therefore ask your wife to sort out her course first then go for your own extension at the same time. You are failing to recognise that your wife status would determine the outcome of application as you are her dependent.

If you still don't get this, seek legal counsel.

[la]

Sorry guys If I am asking in wrong way.

But to give information to others, first we should have proper information
and proofs. Else please do not post any thing irrelevant which we do not know fully because it would be impact other life because of misleading.

If you have information from uk ba site, please share uk ba link , That is much appreciated,

thanks for detail reply and millions help.


hello @Deepshithole2010 , please justify the below link based on your previous reply. That would clear all confusions.

http://www.immigrationboards.com/viewtopic.php?t=106226

[Deepshithole2010]

Her's is the link...........

http://www.ukba.homeoffice.gov.uk/visas ... ts/family/#

The important bit for you is you cannot apply for your extension in your own rights as a dependent a simultaneous application needs to be made by you and your wife as surely being her dependent you would have got a visa for the same duration as your wife.

Secondly I am not very sure about the guy who approached a caseworker directly to ask to amend his visa is very unlikely (Not sure how he could do that!!!!). Generally if there is a mistake with your bio metric card you would need to contact the bio metric unit who are based in Sheffield and NOT the caseworker directly in Liverpool

There are some cases where work rights have been granted inconsistently to applicant due to caseworkers misunderstanding what the rule says but they are more an exception than a rule.

[la]

Thanks for excellent reply.

In the above link,

you can see following for the dependents in the UK,

"If your dependants are already in the UK with permission, they will be allowed to extend their stay provided they apply at the same time as you apply to undertake a course of study lasting more than 6 months"

In that link nowhere mentioned that, for the dependents already in UK, to extend their visa, main applicant has to be studied in HEI or university but not in private college.

if my understanding is not correct please help me. yes I agree to all your statements for out side people who can come as dependent.


Regarding work rights of dependent in the UK, to know more details we can go through below link and see conditions attached to dependents in the UK.


http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Please correct me if my understanding is not correct

[Deviser]

What if main applicant's visa refused? Dependents will get their visas?

Apply the same thing on other things like work permission.

[la]

Hello @Deviser,

Thanks for your reply.

I am unable to find the proof of UK BA link for which you said if main applicant does not have work rights , then dependents are not be allowed to work at private HTS.

If you have proof of uk ba link for dependent work permission , Please share it.It would help me a lot.

Until and unless, UK BA says any thing I think, we can not assume any thing.I hope you can take this in positive note.

Yes every body knows that if main applicant application is refused, then obviously dependent's application will be refused. I am not talking about this. There is no pointing in discussing about this.

Thanks for millions help

Regards,

[warun]

HI,

I NEED SOME ADVICE ABOUT TIER 4 DEPENDENT.I MARRIED IN HERE UK,WIFE ALSO STUDENT FROM SAME COUNTRY....I JUST WANT TO KNOW;

1.CAN I APPLY DEPENDENT VISA FROM UK

2.TO GET THE WORK RIGHTS WHICH COLLEGE AND WHICH LEVEL I HAVE TO APPLY,

AND ALSO PLS HELP ME WITH THIS..

I BEEN HERE 5 YRS,BUT I JOINED FOR TIER4 LAST YEAR,BEFORE I WAS IN OLD RULE.CAN I APPLY FOR LEVEL 6 OR ABOVE.IS THAT NEW 5YRS LOW AFFECT ME..

THANKS..