Switching from Tier 4 DES to Tier 4 dependent visa in uk

[MD_BLESS]

I am presently on a Tier 4 Doctorate Extension Scheme Visa which expires on the 15th of June 2017. My wife and child are presently my dependant. My wife has begun her Master's studies this January 2017 on this visa but is travelling back to our country to make a Tier 4 visa application in April 2017 (during the University 3 weeks Easter break) using the premium service so that she can be back to the UK on time for her exams in May 2017. On return to the UK and after collecting her BRP my myself and my child hope to switch to being her dependant here in the UK.

My question is, if we (my self and my child) are eligible under the new PBS dependent guidance and Tier 4 visa applicant guidance to switch here in the UK. If you look at the page 64 of the new Tier 4 visa guidance released 02/2017

https://www.gov.uk/government/uploads/s ... y_2017.pdf

under the heading, Further policy guidance– for all students - Can I bring my partner and/or children with me?, the 2nd paragraph states as follows:

"Dependants with existing leave wishing to extend their stay in the UK will be allowed to extend provided they apply at the same time as you apply to undertake a course of study that is longer than six months in duration. Any partners or children who want to come to the UK must make an application"

Meanwhile on page 9 of the Points Based System (Dependant) - Policy Guidance released 01/2017 (https://www.gov.uk/government/uploads/s ... y_2017.pdf) I believe that I and my son are eligible to do the switch application here in the uk.

I would appreciate the view of experts.

[sah10406]

My question is, if we (my self and my child) are eligible under the new PBS dependent guidance and Tier 4 visa applicant guidance to switch here in the UK.

Whether you can apply is contained in the immigration rules, not in the Tier 4 Policy Guidance. The Policy Guidance is an attempt to explain and clarify the rules, but it often just causes confusion. In this case you can ignore it.

Paragraph 319C of the immigration rules lists the eligibility for applying for entry clearance (outside the UK) or leave to remain (inside the UK) as a PBS dependent partner. Paragraph 319C(h) specifically confirms who can can apply for leave to remain in the UK.

The equivalent paragraph for the child of a PBS migrant is 319H, with 319H(h) confirming they can apply in the UK.

If you look at the page 64 of the new Tier 4 visa guidance released 02/2017

https://www.gov.uk/government/uploads/s ... y_2017.pdf

under the heading, Further policy guidance– for all students - Can I bring my partner and/or children with me?, the 2nd paragraph states as follows:

"Dependants with existing leave wishing to extend their stay in the UK will be allowed to extend provided they apply at the same time as you apply to undertake a course of study that is longer than six months in duration. Any partners or children who want to come to the UK must make an application"

Ignore this. It is trying to describe the fourth of the four types of people who can apply in the UK, as per paragraph 319C(i)(iv) and 319H(i)(iv). You already meet the second option as per 319C(i)(ii) and 319H(i)(ii) anyway.

Meanwhile on page 9 of the Points Based System (Dependant) - Policy Guidance released 01/2017 (https://www.gov.uk/government/uploads/s ... y_2017.pdf) I believe that I and my son are eligible to do the switch application here in the uk.

Yes, paragraph 35(ii) of the policy guidance is just repeating and clarifying paragraph 319C(i)(ii) and 319H(i)(ii) of the immigration rules, which are the ones you and your child meet.

Paragraph 35(iv) below is that other fourth provision, which the Tier 4 policy guidance tries to explain and which has caused the confusion.

[niks]

Dear MD Bless,

I find myself in a similar situation as you, could you please guide on how your application went through?

Many thanks
Nikhil