Urgent - Tier 4 expiring this month end

[suriyas123sharma]

Is it possible to switch from Tier 4 dependent to Tier 4 within UK.

[CR001]

From home country.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa

Who are you asking for, yourself? What happened about your RCoS?

http://www.immigrationboards.com/uk-tie ... l#p1442798

[suriyas123sharma]

The RCOS has gone Under Review. Even though my manager sent them an email on 16/01/2017 that my visa is expiring this month end. He also stressed upon the fact that I am really the backbone of most IT projects in the company. Home office have not responded to his email. Not sure what options are left for me.

[suriyas123sharma]

My wife is on a Tier 4 visa which expires this month end. She came for a Masters degree. She got a PG certificate instead of Masters. She never had any attendance issues and really tried hard but just couldn't clear one assignment even in the second trial. The University where she did her PG certificate has no Jan intake. We checked with some other universities if they can give her admission in MBA or Masters course related to Business but they have denied citing the reason since she was unable to complete her degree so admission in another Masters in not possible because there is no academic progression. We have tried UWTSD London campus, city university Birmingham, LSC London campus. Can anyone guide what possible options do we have to get admission for Feb intake or for extending my wifes visa.

[sah10406]

We checked with some other universities if they can give her admission in MBA or Masters course related to Business but they have denied citing the reason since she was unable to complete her degree so admission in another Masters in not possible because there is no academic progression. We have tried UWTSD London campus, city university Birmingham, LSC London campus. Can anyone guide what possible options do we have to get admission for Feb intake or for extending my wifes visa.

You are conflating two different issues: academic and immigration.

Whether she can be accepted onto a new course is a purely academic decision, nothing to do with immigration. Either they are happy with her academic potential or they are not. It sounds like they are not.

If she is accepted onto a new course, whether she can make a new Tier 4 application in the UK is an immigration matter. In this case, she cannot apply in the UK, she must apply in her home country. This is because any CAS issued for a new course could not confirm academic progression. Academic progression includes having completed the course for which the previous Tier 4 leave was issued, which unfortunately she did not.

In short, not having academic progression does not stop her being accepted onto a new course, it just stops her from making the Tier 4 application in the UK.

[suriyas123sharma]

I understand she cannot make a Tier 4 application from within UK because she failed the course. Is she eligible to apply as Tier 2 dependent from within UK.

[sah10406]

Is she eligible to apply as Tier 2 dependent from within UK.

Most people can. Those who cannot are listed at immigration rule 319C(c)(h).

[suriyas123sharma]

It does not clearly mention anything. Can you please clarify.

This is what 319 (c)(h) states
(h) An applicant who is applying for leave to remain must not have last been granted:
(i) entry clearance or leave as a:
(a) visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or
(b) short-term student or short term student (child); or
(c) parent of a Tier 4 (child) student
unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii);
(ii) temporary admission; or
(iii) temporary release.

[sah10406]

Clarify what? That is the list (i)-(iii) of people who cannot apply in the UK. Anyone else can apply.

[suriyas123sharma]

Her course was a masters degree for more than a year hence Tier 4 was granted for more than a year. So she should not fall under the category of short term student. I guess that should make her eligible for extension as Tier 2 dependant from within UK as she is not covered in points (i) to (iii).