Can my wife apply for dependant leave to remain?

[tyro1111]

Hi
Please somebody can help me with this
I had PSW and my wife had my dependent. I applied tier1 general last October due my visa expired and my wife applied student hence she was studying at a university. Same time we post both applications. But my wife application was refused due to “PBS applications won’t allow switching inside the countryâ€

[geriatrix]

If you withdraw the appeal, your spouse will become an overstayer from the date of withdrawal (Section 3D protection ends) and acceptance / assessment of any out-of-time application(s) will be subject to UKBA discretion.



regards

[tyro1111]

hi
thanks for your reply..
If she send the tier1 dependent application first and then widthdraw the appeal. will it be any helpful to avoid overstay?
Thanks

[geriatrix]

3.2 While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain.

regards