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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 312
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I work as a doctor on tier 2 visa, i will resign earlier

Resolved Question:

Hi I work as a doctor on tier 2 visa, i will resign earlier than the expected date, my wife she is american, she is on dependant tier2, they accepted her in a certificate program because it is for british/eu/dependants only, can she continue to study here or not?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Frantz I replied 5 months ago.

Hello

Thank you for your enquiry.

Your wife's visa is a dependant visa on your visa therefore any changes to your visa will affect hers.So if as a result of your resignation your visa becomes invalid, so would any visa dependant on it.

Customer: replied 5 months ago.
does this means she will not be able to continue her studies as she already started in September and is within it now? She was accepted only because she is on a Tier 2 Dependent visa so my questions here: 1. If I applied for the Candian common wealth youth visa that gives me right to work in the UK for 2 yrs will she be able to reapply as a dependent on me on this kind of visa, in other words will this give her the right to continue to study as a dependent on this youth visa?
2. If not, will she be able to apply for a Tier 4 after the Tier 2 being invalid anymore after my resignation??That is what was told by her college when she was applying before starting:
"The issue we have is we are not a Tier 4 status college, and therefore anyone without a UK/EU/EEA passport or without indefinite leave, we do not normally accept. We do not accept Tier 4 students at all.
I had to contact UKVI and clear it with them first of all that someone on a Tier 2 dependents visa, are they able to study in the UK, and they had said yes, as long as the visa is valid for the duration of the course."So basically what options are we left with?? if she wishes to continue her studies that are due to finish in June 2017
Expert:  Frantz I replied 5 months ago.

The information you received from the Home Office is correct. But once your visa is curtailed hers will be too and she will not be able to continue her studies. If you are referring to the youth mobility scheme, entry clearance is mandatory and you can not switch into this visa while in the UK. As you are a doctor you cannot work with this type of visa and you cannot bring family members on this visa.

Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 312
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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