tier 4 visa prb

[heyaheya]

hi guys please help my sister she is studying here in england in very well known university. it was her last semester and she failed in one exam ... and she has to resit in it.. .now her visa is until 15 may 2017. whereas her resit exam will be on 15th june 2017. she went to her university to get cas letter and said that we will see the eligibility if she can extend his visa. as she is jus resitting in one exam ... what is this?is it normal . i know she is not gana sit in classes and all.. but its course completion and all .. she cant leave with finishing her masters degree.. they said her to come back in different course in different category.. this is jus unblvable.. they should jus issue cas why they are making fuss and talking all this.. please help what next step we can take regarding that... plzz help as my dad has given sucha huge amount of fees for her MSC. many thanks .. any answer will be much appreciated.

[sah10406]

.now her visa is until 15 may 2017. whereas her resit exam will be on 15th june 2017. she went to her university to get cas letter and said that we will see the eligibility if she can extend his visa. as she is jus resitting in one exam ... what is this?is it normal .

She can get a CAS to extend her visa for the resit. That is totally normal.

[keysersoze22]

.now her visa is until 15 may 2017. whereas her resit exam will be on 15th june 2017. she went to her university to get cas letter and said that we will see the eligibility if she can extend his visa. as she is jus resitting in one exam ... what is this?is it normal .

She can get a CAS to extend her visa for the resit. That is totally normal.

She can, but won't. It's a resit to which there are no attendance requirements for. The sector has seen a spate of visa refusals in the November 15 and April 16 rule changes of CAS's issued under the new academic progression guidance rules. CAS's are issued at the University's discretion. I am aware of a small few who have still issued CAS's for re-sits, but they are in the minority and these CAS's are targetted at a UKVI audit for academic progression and engagement with studies, which is ironic as an exemption is for a re-sit in the Tier 4 Guidance, but they specifically mean re-sits with attendance. Your University can and will point to the fact that you could return home and apply for a Short Term Study Visa to sit the re-sit exam. STSV covers six months.

Very little you can do with this one. Sah, I assume the student's spoken to their International Student Advisor, in which you've used as an answer (correctly) to alot of queries here to back the position up. Not really the University's fault to deny a CAS in this situation - Universities have to adhere to an increasing dwindling Visa Refusal metric to remain compliant.

[sah10406]

It's a resit to which there are no attendance requirements for.

If that is so, I agree. I had assumed there was attendance.

OP, the Tier 4 sponsor guidance requires a student's 'continued participation' during the re-sit period which 'the Tier 4 sponsor is confident that it will be able to meet its sponsor duties with respect to that student during the re-sit or repeat period’. The Tier 4 sponsor can define 'continued participation' for itself, and there is no requirement to be attending full-time during a re-sit period. However the sponsor should also be treating all students equally, not making it up as they go along, so it is reasonable for a student to ask what is their sponsor's policy on this.

Furthermore, the Sponsor Guidance also confirms that if there is no required participation within 60 days of the start of an 'academic period', then sponsorship would be withdrawn anyway or, as in this case, not offered.