UKVI Enquiry Service right?

[vijayj]

Hi Friends

I am confuse with contradictory information from immigrationboards forum and UKVI Enquiry Service.

At the moment i am in Tier2 G and my wife in Tier2 Dependent visa. But now my wife got sponsor so she will go out of UK and apply for Tier2 G Visa and when she return to UK i will switch to her dependent visa with in UK. I am avoiding applying out UK to be in safe side. When i ask this question all senior member told me that i can apply in uk once my wife get new visa.

But when i ask this question to UKVI Enquiry Service they mentioned that i can only switch out of country with main applicant.

Thank you for contacting the UK Visas and Immigration International Enquiry
Service.

Further to your query,

If the applicant wishes to switch a visa type to dependent of Tier 2, they
can do so only from the country in which they are a legal resident and
outside of the UK. This application can be done at the same time as the
main applicant on Tier 2.

Kind regards,
xxxxx
UK Visas and Immigration International Enquiry Service.

For any further details, or should you need to contact us again please
refer to our website at https://ukvi-international.faq-help.com/ (select
appropriate country, click next and then select ‘E-Mail form’ and
complete as instructed.) We will aim to come back to you within 1 day.

We would like to invite you to participate in a brief survey about the
service you received from us to identify strengths and opportunities for
improvements. http://www.smartsurvey.co.uk/


Is this information true or misleading?

[Frontier Mole]

This is one of those questions where there is always confusion.
The immigration rules & PBS guidance prevents this type of switching. If you are here as the main applicant under Tier 2 you can not switch in country to a Tier 2 dependent visa.
There have been cases won on this point in the past at JR however they were where both partners remained in the UK and the court ruled on the right to a family life etc.

In your case your spouse has left the UK to gain entry again with her own Tier 2 General. The right to family life in the convention of living together has been ceased all bar on a temporary basis.

The rules as they stand prevent you from switching in country and you will have to return home and apply once she has gained her visa....

[vinny]

They appear to be out-of-date. 319C apparently permits it.

[vinny]

The rules as they stand prevent you from switching in country and you will have to return home and apply once she has gained her visa....

Where does it say that in 319C or Part 9?

Which rules are you referring to?

[Frontier Mole]

My apologies - pass the "I am a dinosaur" badge.

My response was yeah no problem, 312C(h)i that stops this switching.... But better check....

The rule no longer prevents this type of switching.

So the OP SHOULD be ok, as long as he does not have the same caseworker that wrote the letter

My apologies and good luck with what should be a relatively ( pun intended) straight forward switch once she is granted her visa and arrives in the UK.

[vijayj]

Thanks for clarification, These UKVI Enquiry Service response is useless.

[raghu.raju457]

Hi Vijay

I don't know how they gave you that information but according to the new rules main applicant cam switch to any visa in side the UK

I have got my t2g from outside country and my wife previously holding t2g main has switched inside UK and she got the Visa

Thanks