Students Dependent Visa Issue

[rao76]

Hi

Any advice on the following issue would be appreciated

My wife is a research student and she applied for the visa extension last year in Nov 2006. In first week of March 2007 she has been granted leave to remain till 29th Feb 2008. In total she has been given more than 14 months extension (1st Dec 2006 - 29th Feb 2008).

Previously I was on student visa which expired on 31st Jan 2007. I applied as dependent visa extension(FLR-O) in Jan 2007 which was granted in last week of April 2007. The total extension given to me is from 1st feb 2007 to 29th feb 2008. On my visa Home Office restricted me to take any employment.

Dependent of student is allowed to work if the leave granted to remain is 12 months or more to student. (In my wife's case its almost 15 months). But on the covering letter they mentioned that as my wife's leave is less than 12 months so I cant work at all.

According to Immigration Act HC395 section 4 and 4.4 link
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary


Dependent of a Student


Leave to remain should be granted for a period normally equal to, but in any event not in excess of, that granted to the student or prospective student (up to a maximum of six months, in the case of dependants of prospective students);

• Where the period of leave granted to the student is 12 months or more, grant Code 1;

• Where the period of leave granted to the student is less than 12 months, grant Code 3.

In cases where the applicant already has been granted by the ECO leave to enter, or leave to remain by managed migration on Code 1 or where, had the student’s application been dealt with on the day it was made, 12 months or more would have been granted, but due to administrative delay, less than 12 months is indicated, see paragraph 4.4 below entitled "Prohibition on employment".

Section 4.4

Under Paragraphs 77 and 80 of the Rules employment is prohibited to dependants of students where less than 12 months leave is granted to the student. Discretion should be used, however, to maintain on Code 1 a dependant who already has leave on Code 1 at the date of application.
However, where a dependant is not already on Code 1, it would clearly be wrong to penalise a person if the leave granted to the student is less than 12 months solely as a result of queuing and processing times. Therefore, in such circumstances, if an applicant would have been granted Code 1 if the student application was dealt with on the date it was made and the student would, as a result, have been granted 12 months or more, the dependant should be granted leave on Code 1 to cover the period applied for.

I dont understand why Home Office has restricted me from work as according to the above low it is 'clearly wrong' to penalise me due to delay of queing and processing time.

DO I have right to appeal in Asylum and Immigration Tribunal (AIT)?

Thanks