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My wife and I are in the UK. My wife was on a Tier 2 general

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My wife and I are in the UK. My wife was on a Tier 2 general and I am on her dependent visa.My wife just got her Tier 4 Student visa approved as a main applicant on a FHEQ level 6 course (NQF level not known) (Graduate diploma in computing). The course is 12 months long. I have now applied as her dependent. I now see from guidance that the course has to be at NQF level 7 or above to be on a Tier 4 dependent.Is this correct? Do you have any anecdotal experience where the HO has approved despite this shortcoming? The course still meets the duration requirements.

Hi How can I help?

Customer: replied 6 days ago.
My wife and I are in the UK. My wife was on a Tier 2 general and I am on her dependent visa.

My wife just got her Tier 4 Student visa approved as a main applicant on a FHEQ level 6 course (NQF level not known) (Graduate diploma in computing). The course is 12 months long. I have now applied as herdependent. I now see from guidance that the course has to be at NQF level 7 or above to be on a Tier 4 dependent.

Is this correct? Do you have any anecdotal experience where the HO has approved despite this shortcoming? The course still meets the duration requirements.
Customer: replied 6 days ago.
28
My wife and I are in the UK. My wife was on a Tier 2 general and I am on her dependent visa.

My wife just got her Tier 4 Student visa approved as a main applicant on a FHEQ level 6 course (NQF level not known) (Graduate diploma in computing). The course is 12 months long. I have now applied as herdependent. I now see from guidance that the course has to be at NQF level 7 or above to be on a Tier 4 dependent.

Is this correct? Do you have any anecdotal experience where the HO has approved despite this shortcoming? The course still meets the duration requirements.

I will need to check and revert back to you.

What is the level of your wife course 6? You said level know now. If it is Graduate diploma it appears it may be below level 6

Are you able to check on her CAS?

Customer: replied 6 days ago.
The CAS does not state this. This course is done after a first degree. The guidance only states post graduate (no level is stated)

What is the date of this guidance? Your wife's course must be post graduate level or above on the basis of the guidance you have provided.

Customer: replied 6 days ago.
The diploma specifies a first degree as a requirement. Is this insufficient to be considered a post graduate course?

The attachment is Level 6.

Customer: replied 6 days ago.
Level 6 on FHEQ not NQF
Customer: replied 6 days ago.
Are you aware of their equivalence?

Yes that is correct.

This is a Post graduate diploma course but it is Level 6 not 7

I would need time to check everything properly - are you alright to wait?

Customer: replied 6 days ago.
Yes, I can wait, also please see page 13 of 15 of the PBS guidance for home office workers
Customer: replied 6 days ago.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830320/family-members-of-pbs-migrants-v17.0.pdf#page34
Customer: replied 6 days ago.
Only states post graduate requirement, no level. Also pages 48-49 of the same guidance, rejection reasons don’t state level at all, only that course must be 6 months or more

Just seen this makes no reference to the Level.

However, if you out of the UK it says it needs to be Level 7.

Customer: replied 6 days ago.
We are in the UK, my wife switched in country. I applied yesterday (in country)

Yes I am aware of that !

You go with the family dependants guidance you can rely on this. As it does not say it needs to be Level 7 - just Post graduate level only!

Customer: replied 6 days ago.
Okay thanks much for your help, Where did you see the requirement for level 7 (for out of uk) please?

Have you seen this - it appears that if the applicant is already in the UK - provided it is Post graduate the dependant applying also benefits from this basis and hence it should not be Level 7

Customer: replied 6 days ago.
Thanks, yes it’s quite contradictory but I’ll wait to see the outcome

Do let me know how you get on - Good luck and all the best

Customer: replied 6 days ago.
I did not see the above, where is that? In the guidance?

General students Tier 4 and then bringing in family depedants

Lawyer21 and 3 other Law Specialists are ready to help you

Many thanks!