How to find out if someone can apply in the UK
The Immigration Rules state whether a person can successfully:
- extend their leave in the UK (apply for further leave to remain) in the same immigration category
and/or
- switch their immigration category (apply for further leave to remain in a different category without leaving the UK)
To find out whether extending and/or switching is permitted you need to check the relevant section in the Immigration Rules for the new application. For example, if someone with Tier 2 leave wants to 'switch' into Tier 4 you check the Immigration Rules for Tier 4.
Which Rules would you check to advise someone about 'switching' or extending in the following cases:
1
Someone who is in the UK as a short-term student wants to apply under Tier 4 (General).
2
Someone who has leave as the dependant of a Tier 2 migrant wants to apply to 'switch' into Tier 4 (General) leave.
3
A PBS dependant who has turned 18 since arriving in the UK wants to apply to extend her stay in the same immigration category.
4
A Tier 4 (Child) student wants to apply in the UK to stay as a Short-term student (Child)?
5
A Tier 4 (General) student who wants to apply as the dependant of her Tier 4 (General) partner.
6
A Tier 4 dependant who wants to apply under Tier 4 (General).
