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Urgent Help..plz..dependent visa or student extension

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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nehagharge
Newbie
Posts: 45
Joined: Mon Apr 26, 2010 1:00 pm

Urgent Help..plz..dependent visa or student extension

Post by nehagharge » Tue Jun 15, 2010 12:32 pm

Hi Guys,

I am on student visa which will expire on 31st November 2010 and my course ends (MBA) next year where in I will have to go for a student extension.

I have recently got married in March 2010 and applied for a dependent visa of (TIER 1 General)which was refused as I cannot switch my immigration category in country, and as advised by members of this forum I have to go back to India and apply for the dependent visa..

As per the current processing times, it takes up to 4-5 weeks to get your visa, but my concern is if I travel to India in October 1st week (as I have to maintain the funds for 3 months from now) then the processing time may go up to mid of November approximately. In case if they don't grant me the visa by any chance, will i be able to comeback to UK and apply for an extension as a student and will they allow me to enter UK in mid of November as my visa expires 30th November.

Please advise whether its good for me to go for the dependent visa now or for an extension as a student and later go back to home country(after receiving the student extension) and apply for the dependent visa

Please help.

beecharmer1800bc
Member
Posts: 148
Joined: Sat Mar 27, 2010 10:43 am

Re: Urgent Help..plz..dependent visa or student extension

Post by beecharmer1800bc » Tue Jun 15, 2010 2:09 pm

nehagharge wrote:Hi Guys,

I am on student visa which will expire on 31st November 2010 and my course ends (MBA) next year where in I will have to go for a student extension.

I have recently got married in March 2010 and applied for a dependent visa of (TIER 1 General)which was refused as I cannot switch my immigration category in country, and as advised by members of this forum I have to go back to India and apply for the dependent visa..

As per the current processing times, it takes up to 4-5 weeks to get your visa, but my concern is if I travel to India in October 1st week (as I have to maintain the funds for 3 months from now) then the processing time may go up to mid of November approximately. In case if they don't grant me the visa by any chance, will i be able to comeback to UK and apply for an extension as a student and will they allow me to enter UK in mid of November as my visa expires 30th November.

Please advise whether its good for me to go for the dependent visa now or for an extension as a student and later go back to home country(after receiving the student extension) and apply for the dependent visa

Please help.
I don't have an answer to your question,but I have a question of my own.
I am on a Tier 1 G visa and I intend to marry my long term girlfriend next month- she is on a study visa.
Are you saying that she cannot switch her visa status in-country? She is 5 months pregnant and so, she will not be allowed to board any flight and her current visa expires in August 2010.

What options do we have?
Don't waste your time working hard-work smart

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Re: Urgent Help..plz..dependent visa or student extension

Post by [iD] » Tue Jun 15, 2010 2:57 pm

nehagharge wrote:Hi Guys,

I am on student visa which will expire on 31st November 2010 and my course ends (MBA) next year where in I will have to go for a student extension.

I have recently got married in March 2010 and applied for a dependent visa of (TIER 1 General)which was refused as I cannot switch my immigration category in country, and as advised by members of this forum I have to go back to India and apply for the dependent visa..

As per the current processing times, it takes up to 4-5 weeks to get your visa, but my concern is if I travel to India in October 1st week (as I have to maintain the funds for 3 months from now) then the processing time may go up to mid of November approximately. In case if they don't grant me the visa by any chance, will i be able to comeback to UK and apply for an extension as a student and will they allow me to enter UK in mid of November as my visa expires 30th November.

Please advise whether its good for me to go for the dependent visa now or for an extension as a student and later go back to home country(after receiving the student extension) and apply for the dependent visa

Please help.
As long as you have valid visa for few days when you get back and can satisfy that you've been living by the law, you're good to go.
Once I came back to uk from holidays (as a student) and I had 4 days visa left, they had to let me in.
Goodluck.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Re: Urgent Help..plz..dependent visa or student extension

Post by [iD] » Tue Jun 15, 2010 3:00 pm

beecharmer1800bc wrote:
I don't have an answer to your question,but I have a question of my own.
I am on a Tier 1 G visa and I intend to marry my long term girlfriend next month- she is on a study visa.
Are you saying that she cannot switch her visa status in-country? She is 5 months pregnant and so, she will not be allowed to board any flight and her current visa expires in August 2010.

What options do we have?
Last I heard, Students were only allowed to change their visa to dependant route after they have completed the studies. Please check for yourself as it's been 2 years since I looked into that.
Goodluck.

aruni4470
Diamond Member
Posts: 1615
Joined: Fri Nov 16, 2007 9:54 pm
Location: Cambridgeshire

Post by aruni4470 » Tue Jun 15, 2010 4:20 pm

Dont think students are allowed to change into Tier 1 Dependant in -country. They will have to get EC as a tier-1 dependant from home country. But, a student dependant can change into Tier-1 dependant without having to leave the country.

http://www.ukba.homeoffice.gov.uk/worki ... dantroute/

nehagharge
Newbie
Posts: 45
Joined: Mon Apr 26, 2010 1:00 pm

Re: Urgent Help..plz..dependent visa or student extension

Post by nehagharge » Tue Jun 15, 2010 5:03 pm

In my case, they refused my visa stating as mentioned below..

the 'Secretary of State is not satisfied that you have, or have been granted, leave to enter or remain in the United Kingdom as:

• the partner of a relevant points-based system migrant, or

• the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of the Immigration Rules who has since been granted or is, at the same time, being granted leave to remain as a Tier 1 Migrant.

Therefore you do not satisfy the requirements of the Immigration rules for this category and it has been decided to refuse your application for application for leave to remain as a partner of a Tier 1 Migrant under paragraph 319 (C) of the Immigration rules as you do not meet the requirements at paragraph 319C(h).

You still have leave to remain as your current conditions continue to apply as a student until 30 November 2010.

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