Switch from Student Visa to Dependant Visa 2026

student to skilled worker switching

SECTION GUIDE

Switching from a Student visa to a dependant visa in the UK is legally possible in many circumstances, but it is not automatic and it is not governed by a single set of rules. The outcome depends entirely on the immigration status of the person you are seeking to join and the specific route under which they hold permission. UKVI will assess the application against the relevant Immigration Rules and route-specific guidance, so it is important to approach the switch as a formal change of immigration category, not an informal update. For wider context on compliance oversight and enforcement, see UKVI compliance and decision-making and the broader UK immigration system.

Many applicants assume there is one general “dependant visa”. In reality, the Immigration Rules contain several dependant routes. The requirements for a dependant of a Skilled Worker differ from those for a partner under Appendix FM. Financial thresholds, English language requirements and review or appeal rights are not the same across routes. Misunderstanding this is one of the most common causes of refusal. Where you need to cross-check route requirements, the starting point is the UK Immigration Rules.

Timing is also critical. An in-country switch must usually be made before your Student leave expires. If you apply in time, Section 3C of the Immigration Act 1971 may extend your existing leave while a decision is pending. If you apply late, you risk overstaying and serious long-term immigration consequences.

What this article is about

This guide explains when and how you can switch from a Student visa to a dependant visa from inside the UK. It sets out:

  • when switching is permitted and when it is not
  • how to identify the correct dependant route
  • the relationship and financial requirements
  • the documents you must provide
  • the application process, fees and timelines
  • common refusal risks and how to avoid them

 

The focus is on legal compliance and practical decision-making, so you can assess whether switching is appropriate in your circumstances and prepare a robust application.

Section A: Can You Switch from a Student Visa to a Dependant Visa in the UK?

 

Switching immigration categories from inside the UK is permitted in many cases under the Immigration Rules. However, the right to switch is not universal. Whether you can move from Student leave to a dependant route depends on your current status, your immigration history and the route of the main visa holder. It is also important to understand how your existing leave to remain is protected while a valid in-time application is pending.

 

1. Is in-country switching allowed under UK immigration law?

 

In principle, a person with valid Student leave can apply from within the UK to switch into a dependant route, provided:

  • they hold valid leave at the time of application
  • they apply before their current visa expires
  • they are not in a category that prohibits switching
  • they meet the full requirements of the new route

 

If you submit a valid application before your Student visa expires, Section 3C of the Immigration Act 1971 will normally extend your existing leave while the application is pending. This means:

  • you remain lawfully in the UK
  • your current visa conditions continue to apply
  • you must not breach those existing conditions

 

Section 3C leave does not grant new rights. It preserves your existing Student conditions until a decision is made. It also has limits. Section 3C leave will end if the application is withdrawn, if it is refused and you do not make an in-time application for administrative review or appeal where available, or when any review or appeal process is concluded.

Applicants should also be alert to the risk of an application being rejected as invalid (for example, where mandatory fees are not paid correctly). An invalid application may not trigger Section 3C leave and can expose you to unlawful residence if your Student leave expires in the meantime.

 

2. When switching is not permitted

 

Switching is not always allowed. Common scenarios where an in-country switch will not be possible include:

  • Short-term Student permission: individuals with Short-term Student leave cannot switch in-country.
  • Visitor status: visitors generally cannot switch to a dependant route from inside the UK and would need to apply from overseas.
  • Overstaying: if your leave has expired and you are not protected by Section 3C, you are likely to be treated as an overstayer. Overstaying can lead to refusal and can also create long-term issues for future applications. For practical guidance on risk, see overstaying in the UK.
  • Breach of conditions: where you have breached Student work conditions or other restrictions, the Home Office may refuse under suitability provisions. This includes working more hours than permitted during term time.
  • Immigration bail or restrictions: certain categories of leave and enforcement conditions can prevent in-country switching.
  • Government or international scholarship sponsorship: if you have been financially sponsored by a government or an international scholarship agency within the last 12 months, you may be required to provide written consent from the sponsor to switch routes. This is a common technical issue for Student route holders and should be checked early.

 

If your leave has already expired and no valid application was submitted in time, you are likely to be considered an overstayer. In addition to refusal risk, overstaying can affect your ability to make future applications and may also create re-entry issues depending on the facts. The safest approach is to submit a valid application before your Student visa expires, or to take urgent advice if your status is already at risk.

 

3. Does it matter when your course ends?

 

Yes. The timing of your course completion and your sponsoring institution’s actions can affect your switching strategy.

If your course has ended but your Student visa remains valid, you may still apply to switch, provided you meet the requirements of the dependant route. However, if your sponsor withdraws sponsorship and your Student leave is curtailed, the time available to switch may reduce significantly. Curtailment decisions shorten your leave and create a strict deadline for submitting any further application.

Applicants should therefore:

  • check their visa expiry date carefully
  • confirm whether any curtailment action has been taken
  • avoid assuming that your visa end date will remain unchanged if your course ends early or your sponsor reports a change
  • submit the dependant application before leave expires, allowing time for fees, identity verification and evidence upload

 

In some cases, where the timing is tight or there is uncertainty about continuing Student status, it may be appropriate to consider whether an interim Student route application (for example, a Student visa extension) is necessary or advisable, depending on eligibility and your intended pathway. Any interim application should be assessed carefully to avoid unnecessary cost or complexity.

Section A Summary

Switching from a Student visa to a dependant visa is legally possible in many situations, but it is not automatic. You must hold valid leave, apply before expiry and meet the requirements of the new route. Section 3C leave can protect your lawful status while an in-time application is pending, but it does not grant new rights and it does not cure overstaying or non-compliance. Switching can also be blocked by category restrictions, including visitor status, and by technical requirements such as sponsor consent where a government or international scholarship agency has funded your studies within the last 12 months. Timing and route selection remain central to avoiding refusal.

Section B: Which Dependant Route Are You Switching Into?

 

Before preparing an application, you must identify the correct dependant route. There is no single “UK dependant visa”. The Immigration Rules provide different dependant provisions depending on the immigration category of the main visa holder. Applying under the wrong route is one of the most common and avoidable refusal risks.

The route you choose determines:

  • the financial requirement you must meet
  • whether an English language requirement applies
  • the duration of leave granted
  • whether the route leads to settlement
  • what review or appeal rights exist if the application is refused

 

The two most common categories when switching from Student leave are PBS dependant routes and the family partner route under Appendix FM.

 

1. PBS Dependant Routes (e.g. Skilled Worker, Global Talent, Innovator Founder)

 

If the person you are joining holds permission under a Points Based System work or business route, you would normally apply as their dependant under that specific category. This is commonly referred to as the PBS dependant route.

Typical examples include dependants of a:

 

For example, if your partner holds Skilled Worker leave, you would normally apply under the Skilled Worker dependant visa provisions rather than under the family partner rules.

Under PBS routes, qualifying dependants are usually:

  • a spouse or civil partner
  • an unmarried partner (normally requiring at least two years’ cohabitation)
  • a child under 18, or over 18 in limited circumstances where already granted leave as a dependant and not leading an independent life

 

Financial requirement (PBS routes)
PBS dependant routes operate on a maintenance requirement model. This typically requires the applicant to demonstrate access to specified funds held for at least 28 consecutive days, ending no more than 31 days before the date of application, unless the sponsor has formally certified maintenance on the Certificate of Sponsorship.

The maintenance requirement is technical and must be met precisely. Funds must:

  • be held at or above the required level for the full 28-day period
  • be in a permitted financial institution
  • be evidenced in the format required by the Rules

 

If the sponsor certifies maintenance, the applicant does not need to show personal funds. However, if maintenance certification is missing or incorrectly recorded, the application may be refused even where funds exist in practice.

English language requirement
In most PBS dependant routes, there is no English language requirement at the initial stage of application.

Work rights
PBS dependants are generally granted broad permission to work, including employment and self-employment, subject to limited exceptions. These rights take effect from the date the dependant leave is granted.

 

2. Family Route (Appendix FM – Partner or Child)

 

If the person you are joining is:

  • a British citizen
  • settled in the UK (for example, holding Indefinite Leave to Remain)
  • or otherwise eligible to sponsor under Appendix FM

 

you would normally apply under the family partner provisions, often referred to as the UK partner visa route.

This route is legally distinct from PBS dependant provisions.

Financial requirement (Appendix FM)
Appendix FM applications operate under a minimum income threshold model rather than a maintenance funds model. The sponsoring partner must meet a prescribed income level or rely on savings calculated under a strict formula. Detailed guidance on the minimum income requirement and the spouse visa salary threshold illustrates how technical these calculations can be.

The evidential rules under Appendix FM-SE are prescriptive. Income must fall within permitted categories and must be supported by correctly formatted documentary evidence. Missing employer letters or incorrect bank statement coverage are frequent causes of refusal.

English language requirement
Applicants under the family partner route must normally meet an English language requirement unless exempt. This is a key difference from most PBS dependant routes.

Settlement pathway
The family route is structured as a settlement pathway, typically leading to Indefinite Leave to Remain after a qualifying period, provided ongoing requirements are met.

 

3. Key legal differences between PBS and family routes

 

The choice between a PBS dependant route and Appendix FM is not optional. It depends entirely on the immigration status of the person you are joining.

Key differences include:

  • Financial structure: maintenance-based model (PBS) versus income threshold model (Appendix FM)
  • English language: generally not required at initial PBS dependant stage, usually required under Appendix FM
  • Evidential rules: Appendix FM has highly detailed documentary specifications
  • Review rights: PBS refusals often carry administrative review only, while Appendix FM refusals may attract human rights appeal rights depending on the circumstances
  • Settlement timelines: qualifying periods and pathways differ depending on the main applicant’s category

 

Applicants who incorrectly assume that all dependant applications follow the same model frequently prepare the wrong financial evidence or overlook mandatory requirements. Identifying the correct route at the outset is essential to a legally compliant switching strategy.

Section B Summary

There is no single “Dependant visa” under UK immigration law. Switching from a Student visa requires you to identify whether you are applying under a PBS dependant route or the family partner route under Appendix FM. Each operates under different financial, evidential and long-term settlement rules. Correct route identification is fundamental to avoiding technical refusal.

Section C: Eligibility Requirements for Switching from a Student Visa to a Dependant Route

 

Once you have identified the correct dependant route, you must assess whether you meet the eligibility requirements under that category. These requirements fall into three core areas:

  • relationship requirements
  • financial requirements
  • suitability and immigration compliance

 

Each must be satisfied in full. Meeting one element does not compensate for failing another.

 

1. Relationship requirements

 

The Immigration Rules define who qualifies as a dependant. The definition is strict and must be evidenced precisely.

Spouse or civil partner
You must be legally married to, or in a recognised civil partnership with, the main visa holder. The marriage or partnership must be valid under the law of the country where it took place and recognised under UK law.

In addition to providing the marriage or civil partnership certificate, you must demonstrate that the relationship is genuine and subsisting. The Home Office will assess:

  • whether you live together
  • how long the relationship has existed
  • whether you share financial and domestic responsibilities
  • whether there are inconsistencies in your immigration history

 

Unmarried partner
For most PBS and family partner routes, unmarried partners must demonstrate at least two years of living together in a relationship akin to marriage or civil partnership before the date of application. This is often referred to as the cohabitation requirement and is applied strictly. For a detailed overview of how this is assessed, see the unmarried partner visa guidance.

Cohabitation evidence should cover the full two-year period and be spread across time rather than concentrated in one short window.

Dependent children
Children must normally be under 18 at the date of application. In limited circumstances, a child over 18 may qualify if they were last granted leave as a dependant and remain financially and emotionally dependent on the main applicant, and are not leading an independent life.

Applications involving children should demonstrate:

  • the parental relationship
  • where the child lives
  • that adequate care arrangements are in place
  • that the child is not living independently

 

For route-specific detail on evidential requirements for children, see the child dependant visa overview.

 

2. Genuine and subsisting relationship test

 

Across both PBS and family routes, the Home Office must be satisfied that the relationship is genuine and ongoing.

Caseworkers may assess:

  • consistency of information across application forms
  • previous visa applications and declared relationships
  • evidence of shared residence
  • financial interdependence
  • communication history where relevant

 

Applications are frequently refused where evidence is limited, contradictory or poorly organised. A marriage certificate alone will not be sufficient if credibility concerns arise.

 

3. Financial requirements (route-specific)

 

Financial compliance is one of the most technical aspects of switching applications. The applicable requirement depends entirely on whether you are applying under a PBS dependant route or Appendix FM.

PBS dependant financial requirements
Under most PBS routes, applicants must meet a maintenance requirement. This usually requires access to specified funds held for at least 28 consecutive days, ending no more than 31 days before the application date, unless the sponsor has certified maintenance on the Certificate of Sponsorship.

The evidential rules are strict. Refusals commonly occur where:

  • the balance fell below the required level during the 28-day period
  • the funds were not held for the full required duration
  • bank statements do not meet formatting requirements
  • sponsor certification was omitted or incorrectly completed

 

Family route financial requirements (Appendix FM)
Under the partner route, the sponsoring partner must meet a prescribed income threshold or rely on savings calculated under a detailed formula. The evidential requirements are governed by Appendix FM-SE and are highly technical.

Income must:

  • fall within permitted income categories
  • be evidenced with corresponding payslips and bank statements
  • cover the specified assessment period

 

Failure to comply precisely with documentary requirements frequently results in refusal, even where income exists in practice.

 

4. English language requirement

 

Whether an English language requirement applies depends on the route:

  • Most PBS dependant routes do not require an English language test at the initial application stage.
  • Applicants under Appendix FM must normally meet an English language requirement unless an exemption applies.

 

Applicants should not assume the requirement applies universally or that it can be overlooked.

 

5. Suitability and immigration history

 

In addition to meeting positive eligibility criteria, applicants must satisfy suitability requirements under the Immigration Rules.

Applications may be refused, and in some circumstances must be refused, where there has been:

  • overstaying without Section 3C protection
  • breach of Student visa work conditions
  • use of deception in a previous application
  • failure to disclose relevant criminal history

 

Some refusal grounds are mandatory rather than discretionary. Working in excess of permitted hours under a Student visa, even unintentionally, can be treated as a breach of conditions and may affect future immigration applications.

Applicants with previous refusals, curtailment decisions or complex immigration histories should assess risk carefully before submitting a switching application.

Section C Summary

Eligibility to switch from a Student visa to a dependant route depends on satisfying strict relationship definitions, meeting route-specific financial requirements and complying with suitability provisions. Financial rules are technical and differ significantly between PBS and family routes. Many refusals arise from evidential errors rather than ineligibility. Careful preparation and precise compliance with the Immigration Rules are essential.

Section D: Documents Required When Switching from a Student Visa to a Dependant Visa

 

Meeting the eligibility criteria is only part of the process. You must also provide documentary evidence that satisfies the Immigration Rules. Applications are decided on the documents submitted. If required evidence is missing, incorrectly formatted or uploaded late, the application can be refused even where you are otherwise eligible.

The documents required will depend on the route, but a compliant application should address each legal requirement in a structured way.

 

1. Identity and immigration status evidence

 

Every applicant must provide proof of identity and current lawful status.

This will normally include:

  • a valid passport or travel document
  • evidence of current immigration status (digital status confirmation or previous BRP where applicable)
  • confirmation of your current Student leave and its expiry date

 

The Home Office must be satisfied that you hold valid leave at the date of application. If there is any complexity in your immigration history, this should be explained clearly. Where your existing leave is protected by Section 3C, you should ensure that the application was submitted in time and that evidence of submission is retained.

 

2. Relationship evidence

 

The relationship evidence required depends on the category of dependant.

Spouse or civil partner
You should normally provide:

  • a marriage or civil partnership certificate
  • evidence of cohabitation
  • documents demonstrating shared financial or domestic responsibilities

 

Cohabitation evidence may include joint tenancy agreements, mortgage statements, council tax bills or official correspondence addressed to both parties at the same address. Where there have been periods of separation due to study or employment, these should be explained and supported by evidence.

Unmarried partner
For unmarried partners, documentary evidence covering at least two years of cohabitation is normally required. This evidence should span the full qualifying period and be spread across time rather than concentrated in one short timeframe.

Dependent children
Applications for children must include:

  • a full birth certificate or adoption certificate
  • evidence confirming the parental relationship
  • confirmation of living arrangements and dependency

 

Where only one parent is applying or present in the UK, additional documentation may be required to demonstrate sole responsibility or consent, depending on the route.

 

3. Financial evidence

 

Financial documentation must align precisely with the relevant route.

PBS dependant applications
Where maintenance funds are required, applicants may need to provide:

  • bank statements covering the full required 28-day period
  • confirmation that funds were held at or above the required level
  • evidence that the funds are in a permitted financial institution

 

If the sponsor has certified maintenance on the Certificate of Sponsorship, applicants should verify that certification has been properly recorded. If certification is missing, the Home Office may refuse the application even where funds are available in practice.

Appendix FM applications
Where applying under the family route, financial evidence must comply strictly with Appendix FM-SE. Depending on the income category relied upon, this may include:

  • payslips covering the specified assessment period
  • corresponding bank statements
  • employer letters meeting prescribed wording requirements
  • evidence of self-employment income where relevant
  • savings account statements where relying on savings

 

Failure to provide documents in the format required by the Rules is a common reason for refusal.

 

4. English language evidence (where required)

 

If applying under Appendix FM, you may need to provide:

  • an approved English language test certificate at the required level
  • confirmation of a recognised degree taught in English, verified by Ecctis
  • evidence that you qualify for an exemption under the Rules

 

This requirement does not normally apply to PBS dependant applications at the initial stage.

 

5. Immigration Health Surcharge confirmation

 

Applicants must pay the Immigration Health Surcharge (IHS) unless exempt. Evidence of payment and the reference number generated at the point of payment must be retained. Incorrect IHS payment can result in the application being rejected as invalid.

Further detail on how the IHS fee is calculated and applied can assist with financial planning before submission.

 

6. Presentation and organisation of evidence

 

Applications are assessed digitally. Poor organisation increases the risk of misunderstanding or refusal.

Best practice includes:

  • clearly labelling each uploaded document
  • grouping documents by requirement (relationship, finance, identity)
  • providing a concise covering explanation mapping documents to specific Immigration Rules requirements

 

The Home Office is not obliged to request missing documents. Applications may be decided on the evidence initially submitted. A structured and complete submission significantly reduces the risk of refusal.

Section D Summary

A compliant switching application depends not only on eligibility but on the precise presentation of documentary evidence. Relationship and financial requirements must be evidenced in accordance with the specific route chosen. The Immigration Health Surcharge must be paid correctly, and documents must meet strict technical standards. Careful organisation and full compliance with the Immigration Rules are central to a successful outcome.

Section E: The Application Process for Switching from a Student Visa to a Dependant Visa

 

Once eligibility has been confirmed and documents prepared, the next stage is to submit a valid in-country application under the correct route. Procedural errors at this stage can result in rejection as invalid, loss of Section 3C protection or refusal.

Switching applications are made online through the GOV.UK system and are route-specific.

 

1. Choosing the correct online application form

 

Applicants must select the correct dependant route based on the immigration status of the main visa holder.

This may involve applying as a dependant of a Skilled Worker or other PBS category, or applying under the family partner route if joining a British citizen or settled person.

Selecting the wrong form can lead to refusal under the incorrect legal framework. Before submission, you should confirm:

  • the exact immigration category of the main visa holder
  • that switching from inside the UK is permitted under that route
  • that you meet all route-specific requirements

 

Where in doubt, it is important to verify the route before submission rather than attempting to correct errors after refusal.

 

2. Paying the application fee and Immigration Health Surcharge

 

As part of the online application, you must:

  • pay the relevant in-country application fee
  • pay the Immigration Health Surcharge (unless exempt)

 

The fee level depends on the route and duration of leave. Failure to pay the correct fee or IHS amount may result in the application being rejected as invalid.

Applicants should ensure that payment confirmation is retained and that the IHS reference number is correctly linked to the application.

 

3. Biometrics and identity verification (UKVCAS)

 

After submission, you will normally be required to:

  • book and attend a biometrics appointment through the UKVCAS process, or
  • complete digital identity verification where eligible

 

At a UKVCAS appointment, you will provide fingerprints and a photograph to confirm your identity. You must complete this step within the timeframe specified. Failure to enrol biometrics can result in the application being treated as withdrawn.

Applicants should ensure that all required documents are uploaded before the deadline provided by UKVCAS.

 

4. Uploading evidence and responding to requests

 

Supporting documents must be uploaded digitally before the specified deadline.

Common procedural risks include:

  • uploading incomplete bank statements
  • failing to upload all required pages of a document
  • poor-quality scans that obscure key information
  • omitting mandatory Appendix FM-SE documents

 

The Home Office may request further information, but it is not obliged to do so. Applications can be refused on the basis of the documents originally submitted.

 

5. After submission: pending status and decision

 

Once a valid application is submitted in time:

  • Section 3C leave will normally extend your existing Student leave
  • your existing visa conditions continue to apply until a decision is made
  • you must not breach Student work conditions during this period

 

If the application is approved, your new dependant leave begins on the date of grant. Status is typically confirmed digitally via the eVisa system.

If refused, you may have the option of administrative review or, in certain family route cases involving human rights considerations, an appeal. Strict deadlines apply in both cases.

Section E Summary

Switching from a Student visa to a dependant route is a structured digital process requiring accurate form selection, correct payment of fees and IHS, timely biometric enrolment and precise document upload. Errors at this stage can invalidate an application or lead to refusal. Once submitted in time, Section 3C leave protects your lawful status, but existing Student conditions remain in force until a decision is made.

Section F: Processing Times, Work Rights and Travel Restrictions While Waiting for a Decision

 

Once your application to switch from a Student visa to a dependant route has been submitted, your legal position does not change immediately. Until a decision is issued, your status is governed by whether the application was validly submitted and whether it was made before your existing leave expired.

Understanding processing expectations, work conditions and travel restrictions during this period is essential to avoid breaching immigration law.

 

1. Processing times for in-country switching applications

 

Processing times vary depending on:

  • the dependant route under which you apply
  • whether standard or priority processing is selected
  • Home Office operational workload at the time of application

 

Standard in-country applications are commonly decided within several weeks, although timeframes fluctuate. Priority and super priority services may be available for certain routes at additional cost, subject to availability.

Applicants should not make travel or employment decisions based on an assumed approval date. Until a decision is formally issued, your existing immigration conditions continue.

Delays may arise where:

  • financial documentation requires further verification
  • relationship evidence raises credibility concerns
  • additional information is requested
  • the case involves complex immigration history

 

There is no guaranteed processing time, even under priority services.

 

2. Can you work while your application is pending?

 

If you submitted a valid switching application before your Student visa expired, Section 3C leave will normally extend your existing leave while the application is pending.

This means:

  • you remain lawfully in the UK
  • your Student visa conditions continue to apply

 

You do not acquire dependant work rights at the point of application.

For example, if your Student visa limits you to part-time work during term time, those restrictions remain in place until the dependant visa is granted. Working in breach of Student conditions while awaiting a decision can result in refusal under the suitability provisions.

Once dependant leave is granted, the new work conditions take effect from the date of grant.

 

3. Can you travel outside the UK while your application is pending?

 

Travel is one of the most significant risk areas during an in-country switching application.

If you leave the UK while your application is pending, it will normally be treated as withdrawn under the Immigration Rules. This applies even if the travel is brief.

The consequences can include:

  • loss of the application fee
  • loss of Section 3C protection
  • exposure to overstaying if your previous leave has expired

 

Applicants should avoid travel outside the UK, Ireland, the Channel Islands and the Isle of Man until a decision has been issued. For further practical guidance, see advice on travel while your visa application is pending.

 

4. When your status changes

 

If the application is approved:

  • your new dependant leave begins on the date of grant
  • your immigration conditions change from that date
  • your status is normally confirmed digitally via the eVisa system

 

The duration of leave granted will usually align with the main visa holder’s remaining permission.

If the application is refused:

  • Section 3C leave may end
  • strict deadlines apply for administrative review or appeal where available
  • failure to act promptly can result in loss of lawful status

 

Applicants should assess next steps immediately following a refusal to avoid overstaying.

Section F Summary

While your switching application is pending, your legal position remains governed by your existing Student visa conditions if the application was submitted in time. You do not gain dependant work rights until approval. Travel outside the UK during the pending period will normally result in automatic withdrawal of the application. Careful management of work and travel is essential until a decision is issued.

Section G: Fees and Costs When Switching from a Student Visa to a Dependant Visa

 

Switching from a Student visa to a dependant route involves mandatory Home Office fees as well as potential additional costs. Applicants must ensure that the correct fees are paid at the point of submission. If the correct fee or Immigration Health Surcharge is not paid, the application may be rejected as invalid, which can have serious consequences if your existing leave expires in the meantime.

Fees vary depending on the route and the length of leave being granted.

 

1. Application fee

 

The Home Office application fee depends on:

  • the specific dependant route
  • whether the application is made from within the UK
  • the duration of leave being granted

 

Fees under PBS dependant routes differ from those under the family partner route. Applications made under Appendix FM are generally structured around multi-year grants of leave and can be more expensive overall.

Applicants should always check the current published fee schedule before submitting an application, as fees are subject to change. An incorrect fee payment can result in the application being treated as invalid, meaning it is legally regarded as never having been made.

 

2. Immigration Health Surcharge (IHS)

 

Most applicants must pay the Immigration Health Surcharge as part of the switching application.

The IHS:

  • is calculated per year of leave granted
  • is paid upfront for the full duration of the visa
  • is mandatory unless a specific exemption applies

 

The total amount payable depends on the length of leave and whether the applicant is an adult or a child. Further detail on how the IHS fee is structured can assist with budgeting before submission.

If the IHS is underpaid, the Home Office may request the shortfall within a limited timeframe. Failure to respond can result in rejection of the application.

Payment of the IHS provides access to NHS services but does not remove the “no recourse to public funds” condition that typically applies to dependant visas.

 

3. Priority and super priority services

 

For certain routes, applicants may be able to purchase faster processing services, subject to availability.

Priority services may reduce the decision timeframe significantly, while super priority services may provide a decision by the next working day. These services carry substantial additional fees.

Applicants should note:

  • availability varies by route and location
  • complex cases may still take longer than expected
  • expedited services do not reduce the evidential burden

 

Selecting priority processing does not compensate for incomplete documentation or weak evidence.

 

4. Additional costs to consider

 

In addition to Home Office fees and the IHS, applicants may incur:

  • certified translation costs for non-English documents
  • professional legal fees where advice is sought
  • replacement document costs (for example, birth or marriage certificates)
  • travel costs for biometrics appointments

 

For in-country switching applications, tuberculosis testing is not normally required. TB testing is typically relevant to entry clearance applications made from certain countries overseas.

Applicants with complex immigration histories, previous refusals or technical financial circumstances may benefit from specialist legal advice before submission, particularly given the financial commitment involved.

 

5. Financial planning and risk

 

Switching applications can represent a significant financial commitment. If an application is refused, Home Office fees and the IHS may not be fully refundable, depending on the stage at which refusal occurs.

Applicants should therefore:

  • confirm eligibility before submission
  • ensure financial requirements are fully met
  • avoid speculative or premature applications

 

Careful preparation reduces the risk of financial loss and long-term immigration complications.

Section G Summary

Switching from a Student visa to a dependant route involves substantial Home Office fees, including the application fee and Immigration Health Surcharge. Costs vary depending on the route and duration of leave. Incorrect payment can invalidate an application. Given the financial commitment involved, accurate eligibility assessment and thorough preparation are essential.

Section H: Common Refusal Reasons When Switching from a Student Visa to a Dependant Visa

 

Most refusals in switching cases arise from technical non-compliance rather than clear ineligibility. The Immigration Rules are prescriptive. Even small errors in route selection, financial evidence or relationship documentation can result in refusal.

Understanding the most common refusal grounds helps applicants prepare a compliant and defensible application.

 

1. Applying under the wrong route

 

Selecting the incorrect dependant category is a frequent and avoidable mistake.

Examples include:

  • applying under Appendix FM when the main applicant holds Skilled Worker leave
  • applying as a PBS dependant when the sponsor is British or settled
  • misunderstanding whether switching is permitted from inside the UK

 

Because each route has distinct legal requirements, applying under the wrong framework can result in refusal even where a different route might have succeeded.

Where applicants are unsure which route applies, it is safer to clarify before submission rather than attempt to correct the position after refusal.

 

2. Financial evidence does not meet technical requirements

 

Financial refusals are among the most common.

Under PBS dependant routes, refusals often arise where:

  • funds were not held for the full required 28 consecutive days
  • the account balance dipped below the required level during the qualifying period
  • bank statements do not meet evidential specifications
  • sponsor maintenance certification was omitted or incorrectly recorded

 

Under Appendix FM, refusals frequently occur because:

  • income relied upon does not fall within a permitted category
  • payslips and bank statements do not correspond precisely
  • employer letters fail to meet prescribed wording requirements
  • savings calculations are incorrect

 

The Home Office applies evidential rules strictly. It is not sufficient to demonstrate that you are financially stable in general terms. The Immigration Rules must be met exactly as drafted.

 

3. Insufficient relationship evidence

 

Applications may be refused where the Home Office is not satisfied that the relationship is genuine and subsisting.

Common issues include:

  • limited evidence of cohabitation
  • gaps in documentary history
  • inconsistencies between application forms and supporting documents
  • failure to explain previous relationships declared in earlier applications

 

For unmarried partners, failure to demonstrate two years of continuous cohabitation is a frequent refusal ground. Documentary evidence must cover the full qualifying period.

 

4. Breach of previous visa conditions

 

Switching applications are subject to suitability provisions. Refusal may occur, and in some cases must occur, where there has been:

  • overstaying without Section 3C protection
  • working in excess of permitted Student hours
  • providing false information or failing to disclose relevant facts
  • serious criminality

 

Working beyond permitted hours under a Student visa, even unintentionally, can be treated as a breach of conditions and may affect the credibility and outcome of a switching application.

 

5. Travel during the pending period

 

Leaving the UK while an in-country switching application is pending will normally result in the application being treated as withdrawn.

Applicants sometimes travel without understanding this consequence. If their previous visa has expired, this can create immediate overstaying risk and may require a fresh entry clearance application from overseas.

 

6. What happens if the application is refused?

 

The next steps depend on the route under which the application was made.

  • PBS dependant refusals typically provide a right to administrative review, rather than a full appeal.
  • Appendix FM partner refusals may attract a right of appeal on human rights grounds, depending on the facts.

 

Strict deadlines apply to both administrative review and appeal processes. Failure to act within the permitted timeframe can result in loss of challenge rights and potential overstaying.

In some cases, submitting a fresh, corrected application may be more appropriate than pursuing review, but this depends on the refusal reasons and the applicant’s immigration position at the time.

Section H Summary

Most refusals when switching from a Student visa to a dependant route arise from technical errors: incorrect route selection, financial evidential failures, weak relationship documentation or breaches of previous visa conditions. Careful preparation, strict adherence to the Immigration Rules and correct management of status during the pending period significantly reduce refusal risk.

Conclusion

 

Switching from a Student visa to a dependant visa in the UK is legally possible in many circumstances, but it is not a simple administrative step. The correct route depends entirely on the immigration status of the person you are seeking to join.

Applicants must identify whether they fall under a PBS dependant route or the family partner route under Appendix FM. Each carries distinct financial requirements, evidential standards and long-term settlement implications. Applying under the wrong route is a common and avoidable cause of refusal.

Timing is critical. An in-country application must normally be submitted before Student leave expires. Section 3C leave can protect lawful status while the application is pending, but it does not grant new rights and does not cure overstaying. During this period, existing Student conditions remain in force and travel outside the UK will normally result in withdrawal of the application.

A successful switching application depends on:

  • identifying the correct dependant route
  • meeting route-specific financial requirements precisely
  • providing structured and comprehensive relationship evidence
  • applying before existing leave expires
  • complying strictly with immigration conditions during the pending period

 

Given the financial cost and potential long-term immigration consequences of refusal, careful preparation and, where appropriate, specialist advice are often prudent.

 

FAQs

 

 

Can I switch from a Student visa to a dependant visa without leaving the UK?

 

Yes, in many cases you can switch from within the UK, provided you hold valid Student leave and apply before it expires. Whether switching is permitted depends on the immigration route of the main visa holder and your immigration history.

 

Can I switch to a spouse visa instead of a PBS dependant visa?

 

If your partner is British or settled in the UK, you may need to apply under the family partner route rather than as a PBS dependant. The correct route depends on your partner’s immigration status.

 

What happens if my Student visa expires while my application is pending?

 

If you submitted a valid application before your Student visa expired, Section 3C leave will normally extend your existing leave until a decision is made. If you apply late, you risk overstaying and refusal.

 

Can I work full-time while my switching application is being processed?

 

No. While your application is pending, your existing Student visa conditions continue to apply. You only gain dependant work rights once the new visa is granted.

 

Do unmarried partners always need two years of cohabitation?

 

For most PBS and family partner routes, unmarried partners must demonstrate at least two years of living together in a relationship akin to marriage or civil partnership. This requirement is applied strictly.

 

Can I travel outside the UK while my application is being processed?

 

Leaving the UK while an in-country switching application is pending will normally result in the application being treated as withdrawn under the Immigration Rules.

 

Does a dependant visa lead to settlement?

 

In many cases, dependant leave can lead to settlement if the main visa holder is on a route that leads to Indefinite Leave to Remain. The qualifying period and requirements depend on the specific immigration category.

 

Glossary

 

Appendix FMPart of the Immigration Rules governing family migration, including partners and children of British citizens and settled persons.
Administrative ReviewA process allowing an applicant to request review of a refusal decision on the basis that a caseworking error was made.
DependantsPartners or children of a main visa holder who are permitted to join or remain with them in the UK under specific Immigration Rules.
Genuine and Subsisting RelationshipA requirement that the relationship between partners is real, ongoing and not entered into for immigration purposes.
Immigration Health Surcharge (IHS)A mandatory fee paid as part of most visa applications to access NHS services during the period of leave.
PBS DependantA dependant of a person holding leave under a Points Based System work or business route.
Section 3C LeaveA provision under the Immigration Act 1971 that extends a person’s existing leave while a valid in-time application is pending.
Suitability RequirementsProvisions within the Immigration Rules allowing refusal where there has been deception, criminality, overstaying or breach of conditions.
SwitchingApplying from within the UK to change from one immigration category to another.
UKVCASUK Visa and Citizenship Application Services responsible for biometric enrolment and document submission for in-country applications.

 

Useful Links

 

UKVI Compliance Overviewhttps://www.davidsonmorris.com/ukvi/
UK Immigration Hubhttps://www.davidsonmorris.com/uk-immigration/
PBS Dependant Routehttps://www.davidsonmorris.com/pbs-dependant/
Partner Visa (Appendix FM)https://www.davidsonmorris.com/partner-visa-uk/

 

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

About our Expert

Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.