Tier 4 dependent visa Rejected {Urgent Pls Help}

[sudipdatta]

Hi,

My wife has got Tier 4 General visa for a masters course more than 12 months . Her visa is valid from Sep 2016 to Jan 2018.

I am currently in UK on Tier 2 ICT Main Visa valid till Oct 2016. I applied for Tier 4 Dependent visa in UK and got rejection today stating -
Under section 319C(i)(iv)3
The relevant Points based system Migrant and the Partner must be applying at the same time.

Can someone pls help understanding whether this means that I cannot apply as dependent from outside UK ie from my home country.

[Greenie]

is your wife studying at a university?

is that the only reason for refusal? can you quote the full text of refusal

[Vivek2112]

Hi can you also clarify - was your wife shifting from Tier 2 ICT dependent to Tier 4 General? Also did you apply from UK or from home country?

[Greenie]

Hi can you also clarify - was your wife shifting from Tier 2 ICT dependent to Tier 4 General? Also did you apply from UK or from home country?

in his post the op states he is in the UK and that his wife has a tier 4 general visa

[sah10406]

is your wife studying at a university?

[Vivek2112]

In order to understand the reason for visa rejection I wanted to know his situation/location at the time of Visa application

Also since Visa rules don't allow to change from Tier 2 ICT dependent to Tier 4 within country

[sudipdatta]

Hi,

My wife did get Tier 4 general visa from India. she is studying at University of Westminster.

I tried to switch from Tier 2 ICT to Tier 4 general dependent visa from in Country. They rejected stating 319C(i)(iv)(3) Both Migrant and Dependent should have applied at same time.

My query is if I do out of country application will that work?

[Greenie]

I understood your query. I asked whether the reason you have quoted is the only reason or whether this is just part of the passage you have quoted. that's why I suggested that you post the whole text of refusal (of course taking out personal details.) if that is the only reason they have refused and your wife is studying a post graduate course that is 12 months plus at a university then the refusal is wrong as you don't need to apply together.

[Greenie]

In order to understand the reason for visa rejection I wanted to know his situation/location at the time of Visa application

Also since Visa rules don't allow to change from Tier 2 ICT dependent to Tier 4 within country

visa rules do allow him to switch in country. he is not switching to tier 4 he is switching to pbs dependent. it's clear from his post he applied in the UK

[Greenie]

(i) Where the relevant Points Based System Migrant is applying for, or has been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student either:(i) the relevant Points Based System Migrant must be a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months;(ii) the relevant Points Based System Migrant must:(1) be applying for, or have been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level that is 12 months or longer in duration; and(2) be sponsored by a sponsor who is a UK recognised body or a body in receipt of funding as a higher education institution from either:(a) the Department for Employment and Learning in Northern Ireland;(b) the Higher Education Funding Council for England;(c) the Higher Education Funding Council for Wales; or(d) the Scottish Funding Council;(iii) the relevant Points Based System Migrant must be applying for, or have been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; or(iv) the following conditions must be met:(1) the relevant Points Based System Migrant must be applying for entry clearance, leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:(a) have entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; or(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and(2) the Partner must either:(a) have entry clearance, leave to enter, or leave to remain as the Partner of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the Partner of a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and(3) the relevant Points Based System Migrant and the Partner must be applying at the same time.(j) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days will be disregarded.

the requirement for you both to be applying together only applies if you are relying on the last option whereby you already have leave to enter/remain as a tier 4 dependent wherever he tier 4 students course was at least 6 months long

you are not relying on this option. you need to quote the full refusal for advice on whether refusal is correct.

[sudipdatta]

Hi,

It is written as

In making the decision to refuse your application, careful consideration has been given to the following immigration history -

"
On Nov 25, 2011 you arrived in UK with Tier 2 ICT visa valid from Oct 2011 to Oct 2014.
On 5th Sep 2014 you were granted leave to remain in UK as Tier 2 ICT untill Oct 2016.

You do not satisfy the requirements of the Immigration Rules for this category and it has been decided that you do not meet the requirements of Paragraph 319C(i)(iv)(3) because you are not applying for leave to remain in UK at the same time as your partner who applied for entry clearance as a Tier 4 (General) Migrant on 19 august 2016. So your application for leave to remain in UK as a partner of a Tier 4 (General) Migrant is refused under Part 8, family member paragraph 319C(i)(iv)3.
"

I have leave to stay in UK under Tier 2 ICT till Oct 2016.

Pls suggest should I go for Admin review.

[sah10406]

If her postgraduate course at Westminster is 12 months or longer, she meets rule 319C(i)(ii)(1)

(1)be applying for, or have been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level that is 12 months or longer in duration; and
(2) be sponsored by a sponsor who is a UK recognised body or a body in receipt of funding as a higher education institution from either:
(a) the Department for Employment and Learning in Northern Ireland;
(b) the Higher Education Funding Council for England;
(c) the Higher Education Funding Council for Wales; or
(d) the Scottish Funding Council.

It is not clear why they have applied 319C(i)(iv)(3) instead. It seems to be a caseworker error. If this is the only reason for refusal, I advise an Administrative Review.

Your wife has a source a free immigration advice through the International Student Adviser team at her university. She needs to speak to them.

[sudipdatta]

Hi,

Her course is 12 months and Masters level. Her visa is valid from Sep 2016 to Jan 2018.

This is the only reason they have given as rejection.

Is there anyway I can upload the Pics of the refusal letter. I have already removed personal information from the images.

[sudipdatta]

Hi,

Also I have spoken to some lawyers over phone and they advised me that because I am on Tier 2 ICT, I have lot of restrictions to switch in country to Tier 4 dependent visa and that is the reason I have been rejected.

Pls advise if this could be true as I did not find anywhere any reference to Tier 2 ICT not able to switch to dependent category in Country?

[sah10406]

Also I have spoken to some lawyers over phone and they advised me that because I am on Tier 2 ICT, I have lot of restrictions to switch in country to Tier 4 dependent visa and that is the reason I have been rejected.

Pls advise if this could be true as I did not find anywhere any reference to Tier 2 ICT not able to switch to dependent category in Country?

It's nonsense. Your wife has access to free (and accurate) immigration advice through her university. I advise she uses it.

[sudipdatta]

Hi,

Appreciate your response. I have decided to apply from India (entry clearance). Can someone pls tell me what points should I put in the cover letter.

Regards
Sudip

[sah10406]

Can someone pls tell me what points should I put in the cover letter.

What cover letter?

[hiteshmanutd]

Hi Sudip,

Hope you are doing well !!

I am in similar situation, my wife is looking to apply for tier 4 visa and I am looking to become her dependent.

Can you please let me know what you did after the rejection? Is ur application now successful? How are the laws around ICT 2 Main applicant moving on Tier 4 Dependent?

[CR001]

Hi Sudip,

Hope you are doing well !!

I am in similar situation, my wife is looking to apply for tier 4 visa and I am looking to become her dependent.

Can you please let me know what you did after the rejection? Is ur application now successful? How are the laws around ICT 2 Main applicant moving on Tier 4 Dependent?

Please start your own topic instead of digging up a thread from 2016.