Uncommon Tier 2 Dependant Application Circumstances

[luke15rl]

Hi everyone,

I'm writing with a tricky (and apparently rare) visa situation as follows:

- My girlfriend and I live together in London
- We are both on the Tier 1 Post Study Work visa and about 3 months from expiration
- She has received a certificate of sponsorship from her employer to extend her stay in the UK on the Tier 2 General visa
- She and I were convinced that both of us could apply from within the UK, with her pursuing the Tier 2 as stated and me a Dependant visa through her application, as nothing on http://www.ukba.homeoffice.gov.uk/visas ... /applying/ or the online application form itself seemed to suggest otherwise
- She called the UK Border Agency this morning to ask some specific questions about the application at which point the representative stated that she was not sure whether I was eligible to apply to be her dependant from within UK borders, since they don't often see these circumstances (namely, a Tier 1 Post Study Work visa holder applying for a Dependant visa under a sponsored individual also formerly on the PSW visa).
- They told her to look elsewhere for details

Could anyone provide information as to whether I can indeed apply within the UK and remain there throughout the application process (again, nothing on the application form that we already filled out appeared to prohibit it)?

Any insight would be hugely appreciated.

Thanks very much

[geriatrix]

Neither uncommon nor tricky.

You cannot switch. You will need to make an entry clearance application from outside the UK if you wish to change from being a Tier 1 (PSW) migrant to being a dependant of Tier 2 migrant (319C(h)).

[luke15rl]

Thanks very much for that.

UKBA words, not mine! Apologies if that was misleading.

It does, however, actually get trickier.

We have effectively been living together for 2.5 years but I kept my name on a separate residence for the first year of that, as her family initially opposed us officially living together outside of marriage (so officially 1.5 years under one residence).

On top of bank statements showing a shared address, can we provide testimonials or any other forms of documentation to meet the 2 year requirement (e.g., emails, testimonials from flatmates and/or her parents, etc)?

Again, any insight would be very much appreciated

[geriatrix]

Refer to Note 9 of the FLR(M) form to get an idea about the documentary evidences UKBA usually accepts as evidence of cohabitation.

I cannot tell you for sure whether letters from parents / acquaintances / friends / neighbors will be considered acceptable. Emails do not prove cohabitation.