Require guidance regarding extension of student visa for PhD

[bhavikbuzz]

Hello,
My wife is doing Doctor of Education (EdD) with recognised UK University. She got student visa from 12/2005 to 31/05/2010. She started the course in Feb, 2006 and her course was of three years, so she was supposed to finish in Jan,2009, but she took two suspensions in between for marriage and for illness in the family. Her studies are extended till June 2010.
We applied for her dependent visa from within UK when I was doing my HSMP extension, I got extension, but her dependent visa got rejected.We learnt from Tier 1 forum that we need to apply for dependent visa from country of residence. As she is on crucial stage of thesis submission, it's difficult for her to go to India now for dependent application. Do I need to go with her to apply for dependent visa?
We are quite confused about the new policy after 22/02/2010. Can someone please guide us regarding CAS number and exactly what documents would we require, also do we need to show her progress (she has assignments and have got grades for them), a letter from her professor or just the letter from university saying her extension request is approved will be enough? Also, we live in different place than the university because of my work, most of her communication with her tutor is and has always been through emails and phone calls, the university is happy with that, though we are wondering if this will affect the visa extension?
Also we would be really grateful if you can suggest what would be better move, to go to India and get a dependent visa or extending student visa here, we are just worried about the new rules which look quite strict and as her dependent application is rejected once, her case will be scrutinised very closely anyway.
Any reply would be gratefully received.

[geriatrix]

Do I need to go with her to apply for dependent visa?

You need not accompany her, but she can apply for dependent (of HSMP/Tier 1 migrant) visa only from home country.

You need to first ascertain from UKBA if she needs to apply for Tier 4 (student) leave to remain or can her leave to remain be extended as per the old (student) rules / conditions.

If UKBA advises that she must apply under the Tier 4 (Student) scheme, then you need to enquire about the documentary evidence required for an existing student in the middle of the course to apply for Tier 4 (student) leave to remain. The most important question that you need to find an answer to is whether a college can issue a new CAS for a student already enrolled and attending a course. I am assuming here that the college from where your wife is pursuing here course is a "valid" Tier 4 sponsor.! If not, then dependent visa is the only option fr your wife.

Alternatively, if UKBA advises her that her leave to remain can be extended as per old rules, then also you need to enquire about the form / evidences required.

regards

[bhavikbuzz]

Thank you very much for such a detailed reply!