Visa refusal for mere misunderstanding of the law

[pucalee]

Hi,
I got my PSW visa on January 2011, and my wife applied to her PSW visa on April 2012, which was granted. The problem is, when she made application, she also made application for my PSW dependent, which was rejected. In the refusal letter, I couldn't find any clear reason. It only said:

In making decision to refuse your application, careful consideration has been given to the following:
On 09 Sep 2009 you were granted Leave to Enter the United Kingdom as a Tier 4 General Student until 01 January 2011.
On January 2011 you were granted Leave to Remain in the United Kingdom as a Tier 1 Post Study Work Migrant until 20 January 2013.
Please find enclosed your passport


I later found out that my PSW dependent application had to be made outside UK.

I'm planning to go back to my country (S. Korea) when current PSW visa expires, and make a new application there. My question is: will the record of visa refusal for mere misunderstanding of the law affect the decision on my new application?

[Lucapooka]

No, it won't affect anything, but do make full and detailed mention of this incident in response to the direct question on the VAF10 application.

6.8 Have you made an application to the Home Office to remain in the UK in the last 10 years?

[pucalee]

Thank you for the reply.
Actually I have one more question: is there any handicap in switching from PSW to PSW dependent, compared to 'other' PSW dependent?

[Lucapooka]

There is only one type of PSW dependant category so it's not clear what you might be alluding to.

[pucalee]

Sorry if I made you confused.
I posted similar topic on Tier 2 forum but here's my situation.

My PSW visa expires on 20 January 2013.
My wife's PSW visa expires in April 2014.
I want to stay in UK till my wife's visa expires.

I can switch to PSW dependant, or I can try to ask for Tier 2 sponsorship at my work (3 and a half month for first time sponsorship licence processing time).

I'm trying to figure out which one is better to ensure my stay in UK.

I was wondering if officers are more 'strict' when reviewing applications switching from PSW to PSW dependant. From their point of view I finished my study and worked in UK for 2 years, and I'm still trying to return to - or stay in - UK. I believe I can get my PSW dependant visa if I provide perfect documents, but who can guarantee they are perfect?

Just my worries...

[Lucapooka]

You can only apply for PSW dependant leave from outside the UK and, like any type of visa, if you match the requirements, you will be granted the visa. It's not about strictness or leniency on a per category basis.