Wife going on a different visa, what to write in appli ?

[neeraj_chennai]

Hi Guys,

My wife has already taken a student visa and is joining a course in London. I want to apply for Tier 1. Since these are two separate applications, should I mention about my wife in my form? (There is a question "Is your spouse/partner travelling with you?")

Technically, I can say "no" to this as she is going independently. But can theer be any problems because of this?

Any pointers or similar experiences will be very helpful.

- Neeraj

[CoolestGuyC]

Technically, I can say "no" to this as she is going independently.

Your understanding is wrong. Well you can say "No" to above question, but also mention that she cant travel with you because she is already in uk/would be going to uk as a student.

It is always better to give all the information in your application, what is the benefit of not disclosing it? And I don't think it is would have negative impact if you disclose this information.

[neeraj_chennai]

Technically, I can say "no" to this as she is going independently.

Your understanding is wrong. Well you can say "No" to above question, but also mention that she cant travel with you because she is already in uk/would be going to uk as a student.

It is always better to give all the information in your application, what is the benefit of not disclosing it? And I don't think it is would have negative impact if you disclose this information.

The reason why I am worried is because a student visa is given with the assumption that the person doesn't want to stay for long in UK, everyone is supposed to write in the student visa application that they want to come back to (India, in this case) after studies.

Whereas a Tier 1 is suposed to be a way for migration.

The above two are conflicting, and hence someone may have a doubt on this.


In our particular case, we don't want to stay for long in UK, I am going for Tier 1 only because employers prefer that.

But the problem is, how to present it in the form? Or should I just say no and try my luck?

~ Neeraj

[CoolestGuyC]

http://www.ukvisas.gov.uk/en/ecg/chapte ... t%20twelve says following (coloured parts may be of importance to you):

12.12 - Intention to leave the United Kingdom after completing studies
Assessing an applicant's intention to leave the UK after completing a course of study or period of research can be the most difficult aspect of an application for the ECO. Intention to leave is, however, not a consideration in all circumstances, for example degree students (see 12.12.1 below). It is important to bear in mind that what counts is the intention at the time of the application. ECOs cannot gauge what an applicant's intentions might be by the time the course is finished. It would be appropriate however to enquire about the applicant's job prospects in his own country and to compare the material benefit to be gained with the cost of the course which might represent the expenditure of a large sum of money to a person of modest means.

12.12.1 Switching into work permit employment
The Immigration Rules allow for students who successfully complete degree level courses to switch to work permit employment in the UK after they complete their course.

Applications to switch to work permit employment will normally be accepted where students:

* have completed a recognised degree course at either a UK publicly funded further or higher education institution, or a bona fide private education institution which maintains satisfactory records of enrolment and attendance;
* hold a valid work permit for employment;
* if sponsored by their government or international scholarship agency, have the latter's written consent; and
* do not have an adverse immigration history.

If the ECO is satisfied that an applicant intends, and is able, to follow a chosen degree level course, it should be assumed that there is a reasonable prospect of success in their studies and consequent eligibility for employment. In such cases the intention to leave requirements in 12.12 above should be disregarded, and considerations should concentrate on the other aspects of the Rules, with particular emphasis on the applicant's ability and intention to follow the course of study. The same considerations should apply to those applicants who are applying for degree courses, which are conditional on successful completion of a foundation, or English language course. The applicant must already have a conditional offer for a place on the degree course.