Please urgent help needed!!!!!!!!!!!!!!

[sonub4ualt]

Hi,

Please advice on this.

I am on tier 1 and my wife is on student visa which is due to expire in November. If she wants to switch her visa status from student to dependant she has to go back home and get the EC, but my concern is as she is still pursuing her course, will she be able to switch into dependent and if yes can she switch immediately as we have been maintaining the necessary funds or she has to wait until October because her visa expires in November (you can only apply for an extension prior to 1 month of your visa). So is the same rule applicable in case if you want to switch or she can apply immediately.

Thnx
Sonu

[geriatrix]

Your query doesn't make sense (at least to me).

You know that your wife needs to return to home country to apply for EC but then you question if she can switch? Switching is changing immigration status from within the UK, which your wife cannot do (as you are already aware).

So what are you trying to ask?


regards

[sonub4ualt]

sorry for the confusion..

I have read in the previous postings that an immigration status change can only be done if your visa is about to expire in a month's time. Now my wife is currently a student and her course finishes in may 2011 and her current visa is about to expire in november 2010.

My concern is if i send her to india immediately, will there be a chance for rejection because she has not completed her studies yet and she has a valid visa for more 4 months. So can she apply now as we are maintaining the funds or she has to wait until october (i.e a month before her current visa expires) and switch to dependant.

[aruni4470]

sorry for the confusion..

I have read in the previous postings that an immigration status change can only be done if your visa is about to expire in a month's time. Now my wife is currently a student and her course finishes in may 2011 and her current visa is about to expire in november 2010.

My concern is if i send her to india immediately, will there be a chance for rejection because she has not completed her studies yet and she has a valid visa for more 4 months. So can she apply now as we are maintaining the funds or she has to wait until october (i.e a month before her current visa expires) and switch to dependant.

Switching is different from Extending .

Switching is when you SWITCH your visa category within UK

Extending is when you apply to extend your stay in the same visa category. For example if your wife was extending her student visa.

The UKBA advises to apply a month before when extending. One can Switch their immigration category at anytime provided they meet the criteria.

So, there should not be a problem for your wife to switch her visa category.

[geriatrix]

Switching is when you SWITCH your visa category like in your wife's case, from Student Visa to Tier 1 Dependant.

In UKBA terminology, switching is only when one changes immigration categories from within the UK. Therefore, please append the following at the end of the above definition of switching - "from within the UK".

Your wife intends to change from Tier 4 (student) / student category to Tier 1 (General) dependent, but since this cannot be done from within UK therefore, in UKBA terminology, is not eligible to switch

She has to apply for leave to enter (EC) from home country - therefore it is neither switching nor extending. In simple words, she is applying for a new visa. And it is entirely up to her when she wants to apply for the new visa from home country.


regards

[aruni4470]

In UKBA terminology, switching is only when one changes immigration categories from within the UK. Therefore, please append the following at the end of the above definition of switching - "from within the UK".

Agreed and edited as suggested to avoid confusion.

[geriatrix]

In UKBA terminology, switching is only when one changes immigration categories from within the UK. Therefore, please append the following at the end of the above definition of switching - "from within the UK".

Agreed and edited as suggested to avoid confusion.

Don't take me wrong ... my response was directed to the OP .. not to you to actually make the change!


regards

[aruni4470]

In UKBA terminology, switching is only when one changes immigration categories from within the UK. Therefore, please append the following at the end of the above definition of switching - "from within the UK".

Agreed and edited as suggested to avoid confusion.

Don't take me wrong ... my response was directed to the OP .. not to you to actually make the change!


regards

Ofcourse not. We are not here to confuse people seeking suggestions for something very important.

[sonub4ualt]

Thank you very much guys for your valuable time and info.........really appreciate your efforts in guiding ppl like us who are confused.

Thank you once again.