Two Visas. One with cancelled without prejudice stamp.

Dependant visa help!!?

• I will enrol on a full-time 12-months masters course in January 2012 in a UK university. My wife will start a diploma programme in the culinary field in January as well at another higher education institution which will last about 9 months. We have two options: Either she will come as my dependant and hence her visa’s duration will be same as mine (first route), or our institutions will issue separate Confirmation of Acceptance for Studies and therefore our visas have different durations (second route). In determining which route we will follow we take into consideration the following factors: 1) we want to be together as long as we can during our stay in the UK; 2) she wants to work as much as she can in restaurant(s) in her free times during her education; and 3) she will try her best to work in a restaurant or hotel upon her education, which is not necessarily supposed to be permanent-- her main purpose is to gain some international work experience in this field, but who knows, no one can foresee the future, she may want to secure a permanent job position. Upon thoroughly reading relevant sections and Guidances on UKBA’s website, I have reached the following conclusions with regard to the above-mentioned factors. PLEASE CORRECT ME IF I AM WRONG OR ADD NECESSARY COMMENTS. I WILL ALSO APPRECIATE IF YOU CAN REPLY TO THE BELOW QUESTIONS IN CAPITALIZED LETTERS: In regard of the first factor, it is obvious that the first route better suits for us. In regard of the second factor, I should first note that there seems to be no problem with a Tier 4 (General) student’s dependant enroling on a course with her dependant visa. (CAN SOMEONE CONFIRM?) Normally a dependant is entitled to work full time. I am not sure whether the said work condition would relegate to the conditions of a regular Tier 4 student which would allow for 10 hours work time per week for my wife if she enrols on a course while she remains in the UK as my dependant. (DO YOU KNOW WHETHER SHE CAN STILL WORK OVER 10 HOURS IF SHE BECOMES A STUDENT UNDER HER DEPENDANT VISA?) In regard of the third factor, if we follow the second route, then she will have to leave the country upon a certain time after her education. If we follow the first route, then even if we assume that her work conditions relegates to 10 hours per week during her education, I would assume she must be able to work full time between the period she completes her education and our visas expire. After this period, I can think of Tier 1 (post-study work) and Tier 2 (General) visas regarding her possible job opportunities. As her education will not be at bachelors or postgraduate level, she will not be able to apply or switch to Tier 1 (post-study work) visa. She may only be issued a dependant of Tier 1 (post-study work) visa only if I obtain such visa as the main applicant as I would be eligible for such visa due to my postgraduate award. In such case she can still work full time as my dependant during this term. In any case she will never be the main holder of the Tier 1 (post-study work) visa. As a matter of fact, if she is ever offered a permanent job position as a skilled worker where she will have to obtain a Tier 2 (General) visa, “switching from a post-study category”, one of the five bases a sponsor may indicate in his certificate of sponsorship, would not be applicable to her. In the light of the foregoing, I cannot think of any advantage of the second route over the first route but I do not want to prejudice my wife’s career opportunities.

• Answer:

  I think your reasoning is sound. In addition, you might like to know that catering is not regarded as a skilled occupation for immigration purposes, so restaurants are unable to get visas for chefs from other countries: this is a particular problem for restaurants specialising in cuisines such as those of India and Thailand.