Tier 4 dependent visa from India

[sudipdatta]

Hi,

My wife is in UK and have a Tier 4 general visa valid from Sep 2016 to Jan 2018.

Me and my son are on Tier 2 ICT visa in UK. We had applied to switch to Tier 4 Dependent visa from UK and it got rejected.

We have decided to go to India and apply Tier 4 dependent visa from outside UK (entry clearance).

Since my son is minor (15 months) and still does nursing my wife also has to travel to India and wait till our application decisions come.

Under the requirements for child dependent visa

Both of the child's parents must be coming to the UK. The only acceptable options are:
1) both parents are making an immigration application at the same time and in the same country as the child,
or
2) when the child makes their immigration application, one parent is physically present in the UK, and the other parent is making an immigration application at the same time and in the same country as the child, or
3) both parents are already physically present in the UK

This requirement will not be met if both parents are physically outside the UK but only one of them is going to make an application at the same time as the child (even if the other parent already has immigration permission for the UK).

Since my wife has to come to India (due to my son) , will the ECO reject our dependent application even if we provide a cover letter explaining our situation.

Pls note my wife has an approved Leave of absence (3 weeks) for this purpose.

Pls suggest.

[sudipdatta]

Hi,

I found this statement in http://www.ukcisa.org.uk/Information--A ... endants#RL website but could not locate this in PBS dependent guide.

Appreciate if someone can kindly point this out in PBS guide or validity of this rule.

Pls help as am afraid if I apply from India with my wife present (in India) then my application can get rejected based on the rule.

[sah10406]

As several people have already explained in your separate topic about this matter, your refusal appears to have been incorrect.

http://www.immigrationboards.com/uk-tie ... 16757.html

I advise you apply for an Adminstrative Review of the decision.

You can apply again in the UK, or you can travel to India and apply there if you wish, but there is certainly no need to do so.

Perhaps a Moderator can merge the two topics?

[fnoman786]

or Judicial review.