Tier 1 dependant maintenance question URGENT HELP NEEDED

[EllaLan]

Hi, I need some clarification, I saw what am hoping to be the correct response but in Tier 1, so am asking here. My partner and I both had Tier 1 (PSW) visas, he has since gotten Tier 4 visa whilst mine expired Dec 14th. I want to apply as his dependant (unmarried partner). He is currently doing his mba at LSC.
Question:
1. Can I apply as his dependant? (I've read that I can, heard that I can't)
1. Is £5400 the only maintenance that has to be shown for the month or do we have to show the additional £9000 for him as well?


Any answers, suggestions, advise given is much appreciated....asap though, as I'd like to submit this or any other application before my 28 days grace period is up.

Thanks!!!

[Greenie]

Who issued his Cas, LSC or Cardiff met university? If it was LSC then he cannot sponsor dependents. If cardiff met issued the Cas then he can sponsor you but only if the course is longer than 12 months and you have been living together in a relationship akin to marriage for two years or more (assuming you are not married).

In any case you can only apply from outside the UK.

[EllaLan]

Thanks for the response...his CAS was issued by LSC, and the course is for 12 months. I'm going to ask really dumb question here - why must I be outside the UK to apply? I haven't read through all the threads, sorry.

[Greenie]

It is not possible to switch in country from tier 1 psw to tier 4 dependent, the application would have to be made from outside the UK. However as his Cas was issued by LSC you cannot apply as his dependent at all because he is not sponsored by an HEI.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

[EllaLan]

Thanks for the link, I have so many windows with those immigration rules its giving me a headache, can you tell me which section has that info, I've read through the whole page more than twice, and its more confusing, because one section says one thing and lower down it says something different.

thanks

[Greenie]

319C h) tells you that the application (if you qualified) cannot be made from within the UK because you don't have leave/were not last granted leave as your partners dependent. 319C i) tells you that you don't qualify as his dependent because he is not studying at an HEI

[EllaLan]

Section H (ii) states the following
ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or

Does that not apply to me?

Ta

PS:that should be the last question

[Greenie]

No because you do not have leave as his partner, you have leave as a psw migrant in your own right.