Tier 4 immigration check prior issuance of UCAS by HEI

[Mamta_m_devi]

Hi

I have recently applied for PHD in computer science at one of the HEIs in Scotland. My Uni asked me to fill up letter of authority form in order to check my immigration status.

I hold Msc in CS (2008) and a MBA completed in 2013. I got entry clearance for another Master degree in management through research in 2016 but due to my ill health i notified university to not to continue my course and in return they issued my PG certificate (SCQF level 11) with full refund of my tuition fee.

That PG certificate indicate that i can with this certificate pursue any course at SCQF 11 or 12.

I have provided my university with every necessary document required but still i am little concerned about result of immigration check. I never stayed over my limit and neither have violated any Law. What do you reckon about my situation and thier chances to sponsor me under this given circumstances??

[sah10406]

I have provided my university with every necessary document required but still i am little concerned about result of immigration check. I never stayed over my limit and neither have violated any Law. What do you reckon about my situation and thier chances to sponsor me under this given circumstances??

What specifically are you concerned about?

[Mamta_m_devi]

What does the immigration rule say in my case. I.e. what are my chances to UCAS?

[sah10406]

What does the immigration rule say in my case. I.e. what are my chances to UCAS?

Sorry, I don't understand what aspect of your case you think may be problematic.

Whatever it is, you can check the guidance for sponsors about who they can sponsor. See https://www.gov.uk/government/publicati ... -educators

[Mamta_m_devi]

Since i have not completed Mres for which i was granted entry clearance in 2016 and now that i have applied for PHD hence I am at this point concerned about thier decision to grant entry clearance! What do you suggest?

Although i have attached documents confirming refund of tuition fee ( Mres) and a doctor's note.

[sah10406]

Since i have not completed Mres for which i was granted entry clearance in 2016 and now that i have applied for PHD hence I am at this point concerned about thier decision to grant entry clearance! What do you suggest?

Again, I have to ask what specific immigration rule or aspect of the Tier 4 eligibility are you concerned that this aspect of your application will fall foul of?

[Mamta_m_devi]

My university finally responded with this after doing immigration check. See below:

"Research Degree Computing Science

The selectors have now considered your application for admission to the University as a postgraduate student, but I regret to inform you that we are unable to offer you a place because we cannot sponsor a new application under Tier 4 Guidelines".

They have not disclosed as to what aspect of immigration i do not satisfy.

[sah10406]

The selectors have now considered your application for admission to the University as a postgraduate student, but I regret to inform you that we are unable to offer you a place because we cannot sponsor a new application under Tier 4 Guidelines".

They have not disclosed as to what aspect of immigration i do not satisfy.

I advise you ask them to cite the specific immigration rule or piece of guidance that prevents them from sponsoring you. Tell them you need to know, so you do not waste your time and energy on further applications.

Do post the answer here.

[Mamta_m_devi]

University reverted back:

"The decision was made based on the students immigration history (provided by UKVI).

 
In order to qualify for a Tier 4 visa applicants have to meet UKVI academic progression requirements. This includes being able to demonstrate that they have successfully completed the course for which they were last sponsored (issued a visa). Unfortunately, this applicant has failed to successfully complete the course (an MRes) for which he was last sponsored. He would not therefore meet UKVI requirements.


I believe he exited the last course having been awarded a PG cert as a result of poor academic performance. This would also present a high risk in terms of UKVI not being satisfied that he intended, and was able, to complete a PhD with us. Coupled with the fact that he also has 3 previous visa refusals, most recently when applying under one of the employment categories, the applicant would be looking at another refusal".

I informed them that i got entry clearance after three refusals. So that does not make more sense. And about the course (mres), i could not do so because of illness lasted over 12 months further briefed on doctor's note(xxxxx medical practice xxxxxx).


What do you suggest now?

 

[sah10406]

In order to qualify for a Tier 4 visa applicants have to meet UKVI academic progression requirements. This includes being able to demonstrate that they have successfully completed the course for which they were last sponsored (issued a visa). Unfortunately, this applicant has failed to successfully complete the course (an MRes) for which he was last sponsored. He would not therefore meet UKVI requirements.

Academic progress is only required for a Tier 4 leave to remain application, not an entry clearance application.

I believe he exited the last course having been awarded a PG cert as a result of poor academic performance. This would also present a high risk in terms of UKVI not being satisfied that he intended, and was able, to complete a PhD with us. Coupled with the fact that he also has 3 previous visa refusals, most recently when applying under one of the employment categories, the applicant would be looking at another refusal". 

Notwithstanding the academic progress issue above, they are entitled to not sponsor you if they don't wish to. They are clearly worried about your previous academic performance and your immigration history. That is their decision and their choice, which presumably they have come to mindful of all the facts.

[Mamta_m_devi]

I did mention to them about my illness. Actually i asked for the withdrawal from the course which university did not consider and refunded my entire tuition fee on the significant medical ground. I provided them a letter from my doctor.

Poor performance is solely due to worsen health. So this should not bother them. While i already have two masters degree completed from UK.

About the refusals. These matters a lot if there is no entry clearance given thereafter. In my case i had last refusal by april 2015 and i got entry clearance in 2016 september which was not curtailed by UKVI.


My PHD supervisor has shown confidence in me after seen a progress through my work. Then why are they so much concered about my poor or strong performance issues. I have also passed a degree from this institution earlier.

I am totally freaked out

[sah10406]

My PHD supervisor has shown confidence in me after seen a progress through my work. Then why are they so much concered about my poor or strong performance issues. I have also passed a degree from this institution earlier.

It does sound like you have their final answer, but if not perhaps your supervisor can lobby the people who make the sponsorship decisions.

[Mamta_m_devi]

Hello once again!

What is the story with ATAS. Do i need to make an application to obtain or the university does all at thier end?.

There is a still a hope as some how immigration department of my Uni now ready to pass it over to admission after clearance. Credit goes to my supervisor. So i am hoping for a positive response this time.

I will keep you posted on my case !

[sah10406]

What is the story with ATAS. Do i need to make an application to obtain or the university does all at thier end?.

See https://www.ukcisa.org.uk/Information-- ... layer-3004

[vinny99]

Hello once again!

What is the story with ATAS. Do i need to make an application to obtain or the university does all at thier end?.

There is a still a hope as some how immigration department of my Uni now ready to pass it over to admission after clearance. Credit goes to my supervisor. So i am hoping for a positive response this time.

I will keep you posted on my case !

hi. Good luck with your application. I am also in the same boat as you as my situation is a bit similar to yours. I was wondering how much time did it take for your prospective Tier 4 sponsor to perform your immigration check and communicate their decision to you?

[Mamta_m_devi]

At first, they refused after performing immigration check which normally takes week and half i guess. But i had credible reason behind the failure of Mres with evidence. I have been truthful to my University as a result, the decision was overturned. After a week or so , i received conditional offer and thereafter an unconditional having met all conditions.

I am now waiting for CAS letter.

What else do you want to know ? You can share your case with me if you wish on my indian no telephone number removed by moderator

[CR001]

At first, they refused after performing immigration check which normally takes week and half i guess. But i had credible reason behind the failure of Mres with evidence. I have been truthful to my University as a result, the decision was overturned. After a week or so , i received conditional offer and thereafter an unconditional having met all conditions.

I am now waiting for CAS letter.

What else do you want to know ? You can share your case with me if you wish on my indian no telephone number removed by moderator

I strongly suggest you read the forum rules about posting personal contact information on the forum.

[Mamta_m_devi]

I got my visa now!

Uni issued CAS at very last moment and i applied for visa ..with in a week i received my visa. All good so far.

Now i am concerned about tier 4 dependent visa. Can someone advise me whether a criminal record certificate is necessary for tier 4 dependent applying from overseas. I did not include thier application with mine as my application was of high risk. Now she is applying after a month , by that time i would have left India. So would she need a criminal record certificate stated in thier tier 4 dependent policy guidance. Please help me out with this one!!!

Many thanks and best of luck to those have similar history as mine.
Kumar