Changing from tier 4 to tier 4 dependant

[Victory123]

Find below the copy of an extract from the policy guidance of a tier 4 dependant.

I did not understand the part that said that stated that

'• have had this leave within the 3 months immediately preceding the date of the application'

Below is the whole of the paragraph .

The main applicant must also:
• be a Government sponsored student who has or is applying for leave for a course of study that is longer than 6 months; or
• be studying a course of study that is 12 months or more at a recognised body or a UK HEI and which is at post-graduate level; or
• have or have last had leave as a Tier 4 (General) migrant or as a Student for a course of study that more than 6 months long, and:
• have had this leave within the 3 months immediately preceding the date of the application,
• be applying for a course of study of more than 6 months, and • be applying for leave at the same time as the family member.


This is the paragraph I was talking about.
I did not understand the sentence I wrote
Below. I took the sentence from the paragraph .



have had this leave within the 3 months immediately preceding the date of the application.'


Can someone explain the above sentence to me pls.
My hubby wants to change his visa from tier4 student
To tier 4 dependants.
How will the above sentence apply to us .


Thank you

[geriatrix]

For anyone to make sense of what you are stating and asking, please provide a link to the document / page you are quoting the sentence from.

[Greenie]

It won't apply because your husband does not currently have leave as a tier 4 dependent.

Are you aware that he will need to make his application from outside the UK?

What level is your course and are you studying at an hei, or are you government sponsored?

[Victory123]

I was initially his dependant but I had to go and
Switch from outside the uk to a student visa.
I came back some weeks ago. Meanwhile my husband
Is planning to switch also to my dependant from outside
The uk.
I didn't understand the statement 'have had this leave within the 3 months immediately preceding the date of the application'
And how this will affect his switching from back home.
I am studying at an hei university in london
And my masters course is for 2yrs.

Thanks

[Greenie]

The sentence doesn't apply to him because he doesn't currently have leave as your dependent and is not applying under that clause. Perhaps you will find the rules themselves to be clearer.
see 319C i)

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

[Victory123]

Out of curiousity can you please explain
The clause to me.
I hope it does not mean that I need to have my
Visa for three months before he can apply
Back home as my dependant.

[Greenie]

It doesn't apply to him. It only applies to dependents who do not fulfil the other requirements (ie main applicant is studying post grad qualification of over 12 months duration or is government sponsored and studying course of at least 6 months duration)

It is essentially a transitional provision allowing migrants who already have leave as the dependent of a student who is studying a course that is at least 6 months long (which used to be the requirement before the dependents rules where restricted). The three month requirement requires those relying on this provision to either have leave as the dependent of a student/tier 4 migrant who is studying a course of over 6 months or for that leave to have expired no more than three months ago.

[Victory123]

Thanks so much