Tier 4 Dependent Visa

[Ifza]

I am on Tier4 (General) Student visa and recently married to my boyfriend who was on student visa.

Currently he is back home and he had applied for Tier 4 dependent visa which is refused today on the basis that he hasn’t submitted his educational achievement during his stay in the UK. He didn’t do so as we thought it’s not relevant to dependent category. He has full right of appeal and going to submit educational achievements with his appeal.

His previous student visa is still valid till 30th April 2011 and his visa is not cancelled by ECO so technically he can still travel to the UK. He was going to continue his studies even after switching to dependent visa.

1. If he lodge an appeal against the dependent visa and,
2. Will he be able to travel to the UK on student visa and apply for Tier4 extension?
3. If he will be refused entry, can he be able to lodge a second appeal?

Any help or suggestion will be highly appreciated.

Regards,

[geriatrix]

1. Yes.
2. If he has completed the studies (e.g. - finished the teaching element of the course and submitted any research papers / dissertation etc. that he was supposed to) for which his current student visa was issued, then he may be refused entry (321(1A)). No entry ... means cannot apply for extension.
3. If he is refused at the arrival port (for reason as above), the IO should be able to advise him of any right to appeal that he may have against such decision (to refuse entry).


regards

[Ifza]

Thanks for your reply;

1. I understand that he may be refused entry but if he get an acceptance from a college is it not possible to continue his studies and apply for an extension after getting CAS, he is on old student visa conditions.

2. In case if he will be refused entry, will he automatically get appeal right (visa is still valid till 30th April2010) and can he enter the UK to lodge an appeal bear in mind one appeal is pending for dependent visa. I mean is it possible to appeal against two different decisions at same time.

Your help is highly appreciated.

Regards,

[geriatrix]

1. One can apply for extension only from within the UK, so if he is refused entry to UK (and e.g. - put on a return flight) then he may use the CAS to apply for an entry clearance application to re-enter UK and (re)commence his studies.
2. When the leave is curtailed by an IO, the leave is no longer valid - though he may have a right to appeal against such a decision.
3. One cannot make a new leave to remain application (i.e. - application from within the UK e.g. - extension) when an in-country appeal is already pending (see 3.2).
4. AIUI, if given the right to, it should be possible to appeal within the UK (against leave curtailment or refusal) while an appeal against an entry clearance application is concurrently open.


regards

[Ifza]

Dear Sushdmehta,

Thanks for your reply; I have one question about Tier 4 Dependent maintenance;

If the required balance of £3,600 is maintained for 28 consecutive days let’s say 1st January to 1st February and statement is printed, after the statement is printed the balance dropped on let’s say 4th February but money is deposited back on 7th February. If applicant apply on 10th Feb with £3,600 required balance (on the date of the application) is it going to be acceptable considering the fact that balance was dropped after getting the printed statement but was maintained back before the day of the application.

I am sorry if my question is not very clear.

Regards,
Ifza

[Greenie]

Dear Sushdmehta,

Thanks for your reply; I have one question about Tier 4 Dependent maintenance;

If the required balance of £3,600 is maintained for 28 consecutive days let’s say 1st January to 1st February and statement is printed, after the statement is printed the balance dropped on let’s say 4th February but money is deposited back on 7th February. If applicant apply on 10th Feb with £3,600 required balance (on the date of the application) is it going to be acceptable considering the fact that balance was dropped after getting the printed statement but was maintained back before the day of the application.

I am sorry if my question is not very clear.

Regards,
Ifza

yes as long as you have the amount back on the day of the application its fine.

[kkj]

But I think you must make your application within 30 days of first print taken. After 30 days it will become invalid.