tier 4 to tier 2 dependent visa... help required

[adithi10]

I currently have tier 4 student visa which expires on 30th august 2014.

My husband has applied for tier 2 general visa which he will be getting approved by 15th of September 2014 or earlier.

So am i entitled to overstay till then and apply for tier 2 dependent visa or do i return to my country n apply from there.

I saw in tier 2 dependent policy guideline the below:

Applications for leave to remain under the Points Based System will fall for refusal if you have overstayed for more than 28 days on the date of application, unless there were exceptional circumstances which prevented you from applying within the 28 day period. The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
• the point a written notice of invalidity is deemed to have been received, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain.

Does this mean i can overstay upto a maximum of 28 days and need to apply before 28days of overstay is overstay.

[Frontier Mole]

28 day rule is to allow you to leave or regularize stay. If your visa is refused for any reason you will not have a right of appeal.
Why is your husband waiting until September 15th for COS - is he waiting for a restricted COS?
If that is the case where will he be applying from?

[adithi10]

Yes he s waitin for his restricted Cos.. His company talked to ukba and they told him to apply without Cos now along with company letter. So dey wil keep aside his application n process when cos is available. So I thought will apply once it is successful

[Frontier Mole]

If he is applying outside of the country you can't apply to be his dependent unless your out of country too.

[adithi10]

He s applying from UK on this 29th

[Frontier Mole]

Sorry there is something not right. If he is applying in country why would he need a restricted COS?
Does his employer have a tier2 licence?
When does your husbands leave expire and what leave does he have at present?

[adithi10]

Ya his company has tier 2 licence. He is currently tier 4 dependent switching to tier 2 general.. Hence require restricted cos. His visa expires on this 30th and he applying on this 29th. But he will b allocated cos on September 11th only. So home office told to submit without Cos along with a letter from company stating tat he s waitin for cos. So they will process his application once cos s allocated

[Frontier Mole]

Are you not better applying for your dependent visa on the 29th with the same covering letter?
You will have a right of appeal if refused and can benefit from the maintenance. coverage if the sponsor ticks the box too.

[adithi10]

Ya I am also planning to apply on that day... Thank you so much for ur replies