Switching to Student Visa when on FLR Application

[ashiqkoyisseri]

I have completed my MBA in January 2017, and my student visa has expired in February 2017. I applied for an FLR and its decision has not come yet. Now, I am thinking of switching in to another student visa for some other courses. Is it possible for me to get CAS from any universities and switch to a Tier 4?
I am looking for someone's response in regards to this.

Thank you

[sah10406]

Is it possible for me to get CAS from any universities and switch to a Tier 4?

Yes, but you could only apply to "switch" (apply in the UK) if it was for a PhD or other course at a higher level and therefore represents academic progress. If the course is at the same level, it's the sponsor's decision whether it is academic progress or not. If they cannot confirm academic progression on the CAS, you would need to make a new entry clearance application in your home country. If they can confirm academic progression you can apply in the UK, but it would need to be a variation of your existing application.

You have not said why you applied for further leave, or why you do not wish to continue with that application, but it does not sound like it was a Tier 4 application. The fact that it is not yet decided, and that you do not wish to pursue it, suggests it was an outside-the-Rules application or other application perhaps with no specific grounds or strong foundation. If you previously took such steps to try to stay in the UK without any specific reason, you could expect the Home Office to be doubtful of your credibility as a student, and that is reasonable.

Any future Tier 4 application is very likely to be subject to a very rigorous check of your credibility.

[wilson0706]

If you were applying your FLR from inside the UK and withdraw your application (in order to apply for another type of visa), you are likely to be considered as an overstayer because your visa expired 6 months ago, and if it is the case it will be next to impossible for you to make another successful application.

[sah10406]

I am assuming the current application was made before the Tier 4 visa expired, so they would only be an overstayer from the day they withdraw the application. But as advised above a new Tier 4 application should be made as a variation of the existing application anyway, not by withdrawing and applying again.

(If the current application was made after the Tier 4 visa expired, they have been an overstayer all along. Given how long that would be, a new Tier 4 application would not be possible in the UK (14 day max overstay) or overseas (30 day max overstay).)