Tier 2 Dependant visa refused

[Deepak1]

Hi,

I received mine Tier 2 visa approval letter today along with my Son's whose application is also successful. But UKBA has refused my Wife's application on the grounds that she cannot apply for a dependant visa from in country as she was on PSW.
I understand that officially she isn't allowed to switch to a dependant category from a PSW visa but I was applying on the human grounds that if she has to go back to India, that means we will be separated as a family and I have to stay apart from my 3 month old son.
Now the rules are changing from 1st October in which she could have applied officially on human rights grounds and could have got the visa.
She has got a right to appeal. Can anyone please tell me that if I go ahead with right to appeal, then shall I mention that the rules are changing and they can't expect us to stay apart. Or shall I send her back to India and apply for a fresh entry clearance from there.
Any help will be appreciated. Thanks

[manci]

If you were concerned about separation for a few weeks why didn't you accompany your wife and son to India? It doesn't make sense to refer to human rights in this situation. The HO decision was correct and an appeal will more than likely fail.

If your wife still has valid leave in October, or if her leave has not expired by more than 28 days, she can re-apply from the UK but don't exepect a refund of the original £434 application fee. Her new application will cost £578 (provided they don't increase the fees from October).

She can of course also apply from India.

[vinny]

Please continue in previous thread.