To cut the long story short, they are saying that you are not allowed to switch in country from tier 1 psw to tier 2 dependent. Reading paragraph 319C this in fact seems to be the case.

regards

Thank you for the brief explanation.

Has it been written in the "guidance policy"? I read it fully before application submission but didn't see such an advice otherwise I wouldn't waste nearly £600 for a refusal.

My documents have been retained. It seems that I should re-apply from outside. How should I get my documents back?

Thanks.

If they have kept your documents then they must have advised you to leave the country voluntarily, and also to contact them before youu make your travel arrangement. You have read the refusal letter and it must have a number of the regional case ownership team. It must all be clear in the papers you have been sent.

regards

Thank you. There is a phone number and I should contact them. That seems to be the only way to get my documents back.

I have decided to leave the UK rather than appeal and re-apply from the outside of the country. How long can I stay without being ticked as overstayed candidate?

The earliest appointment I have found is July the 2nd. I want to leave the UK on June the 30th. I have received the refusal letter on June the 15th (it was issued June the 12th). I heard from a friend that I have a month after receiving the refusal letter to leave the UK while the Law says that I have 28 days to stay before I am called an overstayed candidate.

What if I leave on June the 30th?

Thanks in advance for your help.

You have 28 days, not one month.

Appeal would have been a waste of time and money anyways as you would loose the appeal 100 percent.

regards

Thank you mr lookforward for your kind reply.

I do believe so; appeal would not be successful in my circumstances. Thank you for re-assuring me.

So, I presume that it should be alright to leave on June 30th which is only 15 days after I received the refusal letter.

I had Tier 1 (Post Study) work visa from June 2011 to June 2013. Before that I was student in the UK. After graduation, I had to return home for a year and half but my wife stayed here due to her work. Later, she received Tier 2 visa (she was already Dependent Tier 1) and I arrived in the UK in Jan 2013.

I have applied for Dependent Tier 2 and have been refused. The main statement (after listing my visa history) says:
In view of the fact that you were last granted leave to remain as a Tier 1 (Post Study) migrant the Secretary of State is not satisfied that you have, or have last been granted, leave to enter or remain in the United Kingdom as:
- the Partner of a Point Based System Migrant, or
- the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of the immigration rules who has since been granted, or is, at the same time being granted, leave to remain as a Point Based System Migrant
and it has therefore been decided that you do not meet the requirement of the rules to be granted leave to remain as a partner of a Point Based System Migrant.

Refusal has been done under paragraph 319C part h of the immigration rules.

Can any one please interpret why I have been refused? These wordings are not clearly meaningful to me and am not too sure what the reason has been.

Thank you.