Switching to Tier-4 dependent from inside the UK

[manabkumar]

Hello everybody.

I would like to know if there is any way to switch from PSW to Tier-4 dependent from inside the UK?

I am on PSW and my girlfriend is on Tier-4 student.

[vinny]

See also changes and If your dependants are already in the UK.

[manabkumar]

See also changes and If your dependants are already in the UK.

Thank you for your prompt reply.
My main doubt is that the application form says "This form is for use outside the UK only". So which form should I use then?

[Amber]

I think it is FLR(O)

[manabkumar]

I think it is FLR(O)

FLR(O) application form says that "dependants can apply with main applicant" but here I am trying to be the dependent of my girlfriend who already got visa for tier-4 student (she is doing masters in university).

The form also says that

Dependant of a person who has limited leave to enter or remain in the UK other than under the points based system.

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I would be really grateful if you guide me here as I have really limited time. Thanks.. I was actually been consulting with a solicitor, he was keeping our hopes high. But now he said he can't take the case, may be it is too complicated for him.

[manabkumar]

Please somebody tell me Which form should I use? and Where should I send it?

As I already mentioned above my partner got tier 4 visa and I have PSW. And I want to switch to Tier-4 dependent from inside the UK.

[sujwal]

Please somebody tell me Which form should I use? and Where should I send it?

As I already mentioned above my partner got tier 4 visa and I have PSW. And I want to switch to Tier-4 dependent from inside the UK.

Please share your experience after your apply Visa. Thank you.

[vinny]

Apparently, cannot apply separately (although there may be some exceptions)?

[Greenie]

Flr(o) is not the correct form.

You have to apply online

Or use the print and send application

You do not need to apply at the same time as your spouse unless you only qualify due to the transitional arrangements which will not be the case if you are switching from another category. How long is her course. Have you been living together in a relationship akin to marriage for at least two years?

[vinny]

But what if subject to 319C(i)(iv)(3)?

[Greenie]

Sorry was in rush this morning so perhaps wasn't clear. Yes a person subject to that paragraph has to apply at the same time as the main migrant. However, the OP is not subject to that paragraph.

[vinny]

Isn't 319C(i) a requirement?

We don't know if 319C(i)(i) is true.

We don't know if 319C(i)(ii) is true.

319C(i)(iii) is false.

We don't know if 319C(i)(iv) is true.

If neither 319C(i)(i) nor 319C(i)(ii) nor 319C(i)(iii) are true, then 319C(i)(iv) must be true.

There appears to be insufficient data to support the hypothesis that the OP isn't subject to 319C(i)(iv), including 319C(i)(iv)(3).

[Greenie]

The OP is currently a PSW migrant and therefore 319C (i)(iv) does not apply because he does not fulfil 319C(i)(iv)(2) therefore assuming meets either 319c(i) (i) or (ii) he will not need to apply at the same time as his partner. If neither 319C (i)(i) or 319c(i)(ii) apply then the Op will not qualify for leave as a tier 4 dependent.

This is all said notwithstanding the fact that we don't know if the op will satisfy the relationship requirement of having cohabited for two years with his girlfriend

[vinny]

Thanks, Greenie!

You are right!

I had overlooked that 319C(i)(iv)(2) also prevents partners from switching. This makes the changes in 319C(h) limited for partners of Tier 4.

[Greenie]

The reason for the difference is that (iv) is only there as part of the 'transitional' arrangements (how transitional they are I don't know because they have been in place for two years now). Essentially when they drastically changed the rules on tier 4 dependants in 2011, (iv) was there for those dependants who already had tier 4 dependent /student dependent leave before the rules changed and who would no longer qualify under the new more restrictive requirements.

[vinny]

Yes. 319C(i)(iv)(2) limits the scope of 319C(h) too.

If 319C(i)(iv)(2) fails, then 319C(i)(iv) fails (and 319C(i)(iv)(3) is irrelevant ).

Therefore, in the OP's case, 319C(i)(iv) is false.

Off topic, do you have any further thoughts/advice for morshedsaikat?

[sancha]

I am not sure about this but one solicitor told me that from 1 Oct 2013 if husband is on Tier-2 visa and kids on Tier-2 dependant visa and wife is on tier-4 visa and if husband lost his job then husband and kids can be Tier-4 depandant on the wife Tier-4 visa inside the UK. Husband and kids do not need to apply from home country now.- Please check this befor doing so as I am very new and sharing what solicitor told me. May be some senior member can confirm whether it is correct or not.

[vinny]

319C(i)(iv)(2) limits this.

[manabkumar]

Hello @Greenie and @Vinny,
thank you for your responses. I have found them really helpful but unfortunately my visa application has been refused and here is the reason for refusal:

Dependants of a Tier 4 (General) applicant must have, or have last been granted, entry clearance, leave to enter or remain in the United Kingdom as:
- the Dependant Partner of a Points Based System Migrant, or
- the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of the Immigration Rules who has since been granted, or is, at the same time being granted, leave to remain as a Points Based System Migrant
As your most recent grant of leave was as a Tier 1 (Post Study) Migrant, the Secretary of State is nor satisfied that you meet these requirements.

As you do not satisfy the requirements of the Immigration Rules for this category, it has been decided to refuse your application for leave to remain as a Dependant Partner of a Points Based System Migrant under paragraph 319C(h) of the Immigration Rules.

However, they have given me the right to appeal so I would be really grateful if you could suggest me on this matter. Thank You.

[vinny]

The caseworker is refusing under the incorrect rule. Unfortunately, however, if 319C(i) also fails, then you cannot succeed.

[zeeshi1122]

My tier 4 visa was expired in dec 2014 after that i applied for flr(o) which was refused in March but home office gave me right of appeal at the moment i am in appeal and waiting for hearing date, my wife is tier 4 student in University and doing level 7 course and course is for 2 years, my question is can i switch to become her dependent with in the uk? And i heard of that we need to apply at the same time but wife already had a visa so how do i apply at a same time too confusing.
Can anyone please help

Regards
Zeeshi

[zeeshi1122]

My tier 4 visa was expired in dec 2014 after that i applied for flr(o) which was refused in March but home office gave me right of appeal at the moment i am in appeal and waiting for hearing date, my wife is tier 4 student in University and doing level 7 course and course is for 2 years, my question is can i switch to become her dependent with in the uk? And i heard of that we need to apply at the same time but wife already had a visa so how do i apply at a same time too confusing.
Can anyone please help

Regards
Zeeshi