switching student visa to dependent visa

[ougewang]

I am currently holding a Tier 4 student visa which expires in January 2012, as I have been enrolled in an MPhil program since October 2010 in the University of Cambridge. I am submitting my thesis tomorrow and will be back in Canada on August 24 for a month. My husband is a PhD student at Cambridge as well, who also started his program in last October, and his visa expires in January 2015. As it is a lot more expansive to apply for a Tier 4 dependent visa in the UK (especially not the same time as the main applicant), I am thinking of applying the dependent visa in Toronto, and I've booked appointment for August 25. But my concern is, since I still have 5 months left in my current visa, will I be issued a PBS dependent visa now in Canada?
Thank you very much

[Lucapooka]

You can only apply to be a PBS dependant from outside the UK. You can leave and apply at any time. The fact that you have existing leave under Tier 4 is of no relevance.

[ougewang]

Thank you for the info. I read somewhere saying that I have to let the home office know before leaving the UK so that the current visa will be curtailed, and then apply a new one outside the UK. so do I have to do this? or I just apply a new one, and they will just cancel my visa when reviewing the new application? Thank you

[Lucapooka]

No, you don`t need to do that. Any new application for leave will automatically replace the previous leave (but only if granted; otherwise, in the event of a refusal of the new category, the old leave will continue until its expiry)

[ougewang]

No, you don`t need to do that. Any new application for leave will automatically replace the previous leave (but only if granted; otherwise, in the event of a refusal of the new category, the old leave will continue until its expiry)

Hi, thanks a lot for your info. It seems like you are an expert in these issues. Can I explain more about my situation? As i said, I have been doing my MPhil program, and it's supposed to finish by end of september. However, I have just decided to change my course to PhD last week, so I have submitted my change of course registration to the university. Because dependent can study full-time, we decided that I apply for a dependent visa, and continue with my study with this dependent visa, as there is more flexibility. Do you think there is going to be any issue when I apply this new dependent visa, because I don't know whether UKBA will contact the university and find out that I am not finishing my course, instead change to PhD, or it doesn't matter for applying for dependent visa, as one can study full-time with this visa?
Thank you very much for your advice.

[Lucapooka]

It's not possible to say what checks may be made. If you qualify as a dependant you will be granted leave in that capacity. They may want to verify that you were previously living within the terms of your student leave (studying, attendance, not working more than permitted hours) so as to eliminate any possibility of a refusal under general grounds.

[ougewang]

It's not possible to say what checks may be made. If you qualify as a dependant you will be granted leave in that capacity. They may want to verify that you were previously living within the terms of your student leave (studying, attendance, not working more than permitted hours) so as to eliminate any possibility of a refusal under general grounds.

I see. I was definitely living within the student leave policy, and since I should be qualify as a dependent, I don't see there shouldn't be any problem. Even though they know I am continuing with my study, there shouldn't be any reason not giving me the depenent visa. thx