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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Good morning. My wife is on Tier 2 dependent visa which is

Resolved Question:

Good morning.
My wife is on Tier 2 dependent visa which is valid till October 2016.
She applied for a training job ( she is a doctor) and she got it and she applied for switch to Tier 2 general migrant which has been rejected although all her document , paperwork and also satisfactory point based system.
I am not clear why has it been refused !
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
their exact words were
you do not satisfy the requirements of the immigration rules for this category and it has been decided to refuse your application for leave to remain as a Tier 2 (General) migrant under paragraph 245HD of the immigration rules as you do not meet the requirement at paragraph 245HD(b)
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
The reason she was refused is because she is not allowed to switch in the UK to the Tier 2 general category, as she is currently on a Tier 2 dependant visa. She may go back home and re apply from there. She may do so immediately, there is no cooling off or waiting period before she may reapply from your home country.
Paragraph 245HD(b) states as follows
(b) the applicant must:
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as: *(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Highly Skilled Migrant,
(4) an Innovator,
(5) a Jewish Agency Employee,
(6) a Member of the Operational Ground Staff of an Overseas-owned Airline,
(7) a Minister of Religion, Missionary or Member of a Religious Order,
(8) a Participant in the Fresh Talent: Working in Scotland Scheme,
(9) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(10) a Qualifying Work Permit Holder,
(11) a Representative of an Overseas Business
(12) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(13) a Tier 5 (Temporary Worker) Migrant, or
(14) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant, or
(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:
(1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
(2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
(2) a Student,
(3) a Student Nurse,
(4) a Student Re-Sitting an Examination,
(5) a Person Writing Up a Thesis,
(6) an Overseas Qualified Nurse or Midwife,
(7) a Postgraduate Doctor or Dentist, or
(8) a Student Union Sabbatical Officer.
Hope this clarifies.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
She is a postgraduate doctor, which is one the approved categories in your reply.
Her CoS states that she does not have to leave the UK within the period of approval.
If the end result is to go back to home country and apply. Can we use the same CoS that we have or ask her employer for a new one?
Customer: replied 1 year ago.
Please refer to post pictures
Customer: replied 1 year ago.
Will you please clarify my questions? It is a matter of urgency as her job should start on 03.02.2016
Expert:  Frantz I replied 1 year ago.
Good morning. Please could you send through the refusal decision so that we can provide you with the support you need.
Expert:  Frantz I replied 1 year ago.
Thank you for providing further information I am currently reviewing your case.
Customer: replied 1 year ago.
Please find attached files
Customer: replied 1 year ago.
Please let us know if we can still use the same CoS.
Thanks
Expert:  Frantz I replied 1 year ago.
Thank you for your patience.Applicants under this type of visas aren't able to switch into Tier 2 in country. Please note the CoS is still within the expiry period unless it has been withdrawn. You may wish to contact your sponsor for clarification.Thank you for contacting JustAnswer.
Customer: replied 1 year ago.
Thanks.
I understand that she will have to go back to our home country and apply with the same CoS as soon as she can?
Please correct me if I am wrong.
Thanks for your patience and advise.Also my ask you to clarify the point of being a postgraduate doctor or dentist. Why does not that apply to her?Thirdly, based on that wrong information we have recieved over the phone. Can we complain? And what are the consequences?Regards,
Khaled
Customer: replied 1 year ago.
Also in the CoS . There is a question asking:
Does the migrant need to leave and re-enter the UK during the period of approval? And its answer was No!
That is a bit contradicting the immigration rules. Unless I misunderstood that one as well.Please Clarify, Thanks alot
Expert:  Frantz I replied 1 year ago.
Thank you for your enquiry.Your wife does not have, or have last been granted, entry clearance, leave to enter or leave to remain as a postgraduate doctor. She is currently on a Tier 2 dependant visa.I cannot comment on what was or not said in your telephone call to the Home Office. It is a matter for you to decide whether you feel it necessary to complain. Any complaint and consequences should be dealt with through the Home Office's complaint procedures. The Immigration Rules for switching into Tier 2 at rule 245HD(b) is clear. I hope this further clarifies your enquiries.

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