[Vibes]

Hi all,
I am presently on a tier 4 student visa which expires on the 29th of January. My partner is on a tier 2 visa and I would like to switch to his visa before mine expires. We have been dating for 3 years and have a 7month old baby. I have a few questions regarding my application:

1. What form exactly am I supposed to fill?
2. Can his company (a-rated sponsor) apply on my behalf
3. Do I need to show £600 in my account or his?
4. What advice/suggestions would be useful to us.

Thanks

 

[Joppa]

1. Tier 1, 2 or 5 dependant application form.
2. No. You have to do it yourself. You can switch within UK as your are on Tier 4.
3. Yes. Read the guidance.
4. It should be a fairly straightforward application, provided you have been living together for 2 years, with proofs, and meet other requirements for Tier 2 dependant.
http://www.ukba.homeoffice.gov.uk/s...modernised/working/pbs/pbs-family?view=Binary

 

[Vibes]

1. Tier 1, 2 or 5 dependant application form.
2. No. You have to do it yourself. You can switch within UK as your are on Tier 4.
3. Yes. Read the guidance.
4. It should be a fairly straightforward application, provided you have been living together for 2 years, with proofs, and meet other requirements for Tier 2 dependanview=Binary[/url]

I asked if the sponsor could apply cos they said they could but they haven't gotten back to us if it's confirmed. Also, I havent had £600 in my account for 90 days.

We have only been living together for 1year and some months.

 

[Joppa]

Then you can't apply as PBS dependant.
Marriage seems the only way.

 

[nyclon]

I asked if the sponsor could apply cos they said they could but they haven't gotten back to us if it's confirmed. Also, I havent had £600 in my account for 90 days.

We have only been living together for 1year and some months.

The 2 year co-habitation requirement is inflexible. Since you haven't been living together for 2 years your option is marriage.

 

[Vibes]

@Nyclon and Joppa,

Thanks for the reply. We were hoping the fact that we've got a baby and if we can prove we our relationship has been subsisting for 2 years could be considered in lieu of the co-habitation rule.

 

[Joppa]

No, it doesn't. Home Office is very strict and allows no room for discretion (except perhaps for a few weeks short of 2 years).

 

[nyclon]

@Nyclon and Joppa,

Thanks for the reply. We were hoping the fact that we've got a baby and if we can prove we our relationship has been subsisting for 2 years could be considered in lieu of the co-habitation rule.

It doesn't. Your only option is to marry. As I said living together for 2 years is a bare minimum requirement. Having a child together doesn't change anything.

 

[Vibes]

It doesn't. Your only option is to marry. As I said living together for 2 years is a bare minimum requirement. Having a child together doesn't change anything.

Not to be thick or anything, i just need to clarify one thing for my partner. he insists his company can apply for me as his dependent and in that case, the co-habitation rule wont matter. How true is that?

In any case, we have an appointment to book notice of marriage intention next week but we were thinking if it was possible not to wait that long.

Thanks

 

[Joppa]

The sponsor has nothing to do with dependant visa application. All they can do is to guarantee the financial requirement. They can't change the rules requiring 2-year cohabitation for unmarried partner. So that's rubbish.
You just have to bring forward your wedding date. Without marriage, I'm 100% certain you will be denied a visa and told to leave the country when your Tier 4 expires.

 

[Vibes]

Thanks Joppa, Will it be okay to apply after the wedding in early December as that is the earliest possible time we can get it done?

 

[Joppa]

Sure.