Dependent of Tier 4 student visa after CCL scam

[cjv200]

Spouse / unmarried partner / same gender partner / child(ren) of PBS migrants (e.g. - Tier 4 (General) migrant) apply for leave to enter / remain (visa) as dependant of PBS migrant.

Spouse / unmarried partner / same gender partner of PBS migrants do not apply for leave to enter/remain (visa) as a spouse.

This page explains whether and how you can bring your family members (also known as 'dependants') to the UK while you are here as an adult student under Tier 4 (General) of the points-based system.

For more information, see the guidance for dependants of migrants under the points-based system.

Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK ......

The application form is named "Application form VAF10 - PBS Dependant"
The policy guidance is named "Policy guidance on dependants of points-based system migrants"


Unless you are married to a person who is settled in the UK (i.e.- has been granted indefinite leave to remain) or is British citizen, you cannot apply for a spouse visa.



regards

Thanks for your reply.

Different rules apply for dependent and spouse visa?

[vinny]

Different rules apply for PBS dependent (319A-319K) and spouse (277-289) visa.

320(7C) lists the categories where 320(7B) is not applicable.

[relax]

Hi cjv200,

What happen to your application was it succesful or not.

Even i am in the same problem.

Thanks

[chinagef]

The exemption from a visa ban if an application is made on the basis that you are married to someone is ONLY relevant if you are applying for entry under para 281. Rule 320(7C) is abundantly clear on that.

281 - not applicable. Your wife is not present and settled or being admitted for settlement. She is student on Tier 4 leave.

[295A is not relevant as it applies to unmarried and/or same gender couples]

I think the above quote is perfectly clear.

You may wish to apply with article 8 arguments. I would suggest reading Beuku Betts and Chikwamba cases, and although they were in-country applications, you may be able to sway the arguments for out of country applications. With such facts, I would suggest you seek professional advice.

[relax]

Hi Chinagef,

I have a same problem similar to CCL PSW issue but another college. Now I am in PSW which expires in April 2011. I have got married recently and my wife is a student with valid visa until Aug 2011. She will get her masters in January and can apply for PSW in March 11.

Now I would like to apply as her dependent and I beleive that I have to go India (country of origin) to apply for dependent in Janauary.

can you please advice me on the below points.

1. In india While applying in January If they find out that I have used deception to get PSW can they reject my current visa (Leave to remain until April 11).

2. Will I get right of appeal if they refuse my application based on this reason (deception)

3. Any chances to use Article 8 as our marriage is Inter religious marriage (Muslim Hindu) and our parents didnt know that we got married and wont accept us in india. Can you give any precedent as an example.

I am currently in a very nice job earning 30k+ and in management position in a listed company. Because of this issue I am afraid to go apply for Tier 1 or Tier 2 as they can straight away find out and reject my applicaiton.

Please advice... I am ready for professional advice as well. But i am getting different answers from diff solicitors.
Thanks for your help.

[kkj]

@relax

Indeed, they will find out deception you used to get PSW through your PSW Visa reference and in application form you need to write your all immigration history as well. Any application you will made it will be refused and subject to enforcement of bans.

The only way to remain in UK was 'Get married to a British Citizen' on which you may be protected by under section 320(7c) but you have used all your weapons!

I suggest you to, whatever the category you choose, try to make in-country application.

[relax]

I suggest you to, whatever the category you choose, try to make in-country application.

My solicitor is suggesting that I go and apply from India as a dependent and there will be very less chance for them to find out from india as I am applying as dependent. (I am not sure how far this is true). And its not possible for me to apply in country as adependent.

Can you please tell me whether they (Embassy worker in India) can cancel my current visa which is expiring in April 2011 when I am appying as a dependent in February considering the earlier deception.

[kkj]

First of all, don't think they cannot detect anything if you apply from overseas like India / Pakistan / Srilanka / Bangladesh as in those countries there is less use of technology. UKBA is giving special attention to those countries and the only UK organization which is using top-end technology and resources is UKBA. Your immigration history is just a click away for them. Especially for CCL cases, they already made their list and just waiting for passports to come in for further LTR application.

And, if you apply from India, you were applying for entry clearance, not for extension.

According to law, if any deception detects at entry clearance stage, ECO may put 10 years ban. At in country extension, you will be banned for 1 year if you leave UK voluntarily. So you can re-apply after one year atleast.

And as per my opinion, lawyers and colleges always recomend to go to your home country cause if applicant get banned they can easily digest all money which they already received.