Tier 4 switch to Tier 2 Dependent (PBS Depedent)

[andwoo8182]

Hi all,

I am on a Tier 2 General visa for the next few years, but my unmarried partner is on a Tier 4 Student visa, and has come to the end of her studies, so we are looking at our options in terms of moving her onto my visa as my dependent. We've gone through all the unmarried partner requirements with an immigration advisor & can comfortably prove the 2 year co-habitation requirement, and they are happy that we meet the requirements.

However, my main query comes in the form of the application being a switch (extension of leave) vs a new entry clearance application. All of the Tier 2 guidance seems to indicate no restrictions on performing an in country switch into a PBS dependent, but the immigration advisor has advised that the last few applications of this type have all been refused with the reason of it needing to be an entry clearance application, rather than an extension of leave. However, after reading everything provided by the home office I cannot ascertain why this would be so. And so the immigration advisor advises that my partner returns to her home country to perform the application, in order to avoid the risk of refusal, however, that comes at a much greater cost (flights/time away from work).

Does anyone have any advice or experience in successful in country switches for Tier4 to Tier 2 Dependents?