Refusal under s319C(i)

[morshedsaikat]

Hi my brother has been granted his leave to remain under the Tier 4 (general), however his wife (who applied as dependant) was refused under 319C(i).

Reason for refusal

''You are applying for leave as the dependant partner of ............Your partner is not a govt sponsored student, or on the doctorate extension scheme and is not undertaking a course of study with a sponsor who is either a Recognised Body or a higher education institution. Although you applied on the same day as your partner, you applied asa Tier 4 Joining dependant and not on the same form as your spouse, this this cannot be accepted as 'at the same time', therefore you fail to meet the requirements of paragraph 319C9i) of the immigration rules.''

I understand what they are trying to say, but surely this is pathetic. Obviously we are going to appeal but was wondering if anyone able to provide us with further guidance on the matter?

A quick response will be much appreciated.

Many thanks.
A

[vinny]

Hi my brother has been granted his leave to remain under the Tier 4 (general), however his wife (who applied as dependant) was refused under 319C(i).

Reason for refusal

''You are applying for leave as the dependant partner of ............Your partner is not a govt sponsored student, or on the doctorate extension scheme and is not undertaking a course of study with a sponsor who is either a Recognised Body or a higher education institution. Although you applied on the same day as your partner, you applied asa Tier 4 Joining dependant and not on the same form as your spouse, this this cannot be accepted as 'at the same time', therefore you fail to meet the requirements of paragraph 319C9i) of the immigration rules.''

I understand what they are trying to say, but surely this is pathetic. Obviously we are going to appeal but was wondering if anyone able to provide us with further guidance on the matter?

A quick response will be much appreciated.

Many thanks.
A

See also Dependants.

It's an incorrect refusal if she satisfies the requirements of 319C. Unfortunately, there's a requirement in 319C(i)(iv)(3) to apply "at the same time". However, if the applications were on the same day, then perhaps discretion and common sense fairness should have been exercised.

It's beneficial to other members with similar queries, if you don't delete your posts after getting a response.

[morshedsaikat]

Thank you for your reply. So is it just matter of going before the court, and making the point you stressed in your previous comment?

[vinny]

I hope that his wife wasn't also switching. 319C(i)(iv)(2) still prevents some partners from switching!

[Hulk321]

Hi there this is the brother here..

On this scenario, Should she appealing or submitting a new application?
If appealing could that be done without using a Solicitor / Barrister..
using the Lawyers will cost £1200 in total to rectify silly mistakes made by UKBA and atleast 3 months without Passport+Visa..

Any advice welcome

[Greenie]

No one can give you accurate advice without knowing more information:

What was your wife's immigration status prior to making this application?
What is the level of your course and length? What type of institution are you studying at?
What was your status before you made your application?
Why were the applications not made together?
What method did you use for submitting your application e.g paper form, print and send, online?
We're your applications submitted to the same or different addresses?

[Hulk321]

No one can give you accurate advice without knowing more information:

What was your wife's immigration status prior to making this application?
What is the level of your course and length? What type of institution are you studying at?
What was your status before you made your application?
Why were the applications not made together?
What method did you use for submitting your application e.g paper form, print and send, online?
We're your applications submitted to the same or different addresses?

Status- PBS dependant of Myself(tier4)
Course- level7 postgraduate 18 months on Highly trusted private inst.
My status- Tier4
Application Method- There wasn't any option on the online application form
Application were submitted at the same adress in one envelope at the same time.

Your advice is much appriciated

[Greenie]

Sorry still not clear. How did you apply? Online or print and send or the paper form? The customise section of the online form/print and send form gives you the option to include your dependants in the application.

[brendon12]

Hi my brother has been granted his leave to remain under the Tier 4 (general), however his wife (who applied as dependant) was refused under 319C(i).

Reason for refusal

''You are applying for leave as the dependant partner of ............Your partner is not a govt sponsored student, or on the doctorate extension scheme and is not undertaking a course of study with a sponsor who is either a Recognised Body or a higher education institution. Although you applied on the same day as your partner, you applied asa Tier 4 Joining dependant and not on the same form as your spouse, this this cannot be accepted as 'at the same time', therefore you fail to meet the requirements of paragraph 319C9i) of the immigration rules.''

I understand what they are trying to say, but surely this is pathetic. Obviously we are going to appeal but was wondering if anyone able to provide us with further guidance on the matter?

A quick response will be much appreciated.

Many thanks.
A

hi my name is deepak I submit my application same like u switch chin from tier4 student to dependant I have to ask u something if it's possible can u plz contact me thanks