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Urgent: ATAS cert unavailable and visa expiring 30 Jan (next Tuesday)

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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LearningCurve
Member
Posts: 145
Joined: Tue Sep 23, 2008 6:39 pm

Urgent: ATAS cert unavailable and visa expiring 30 Jan (next Tuesday)

Post by LearningCurve » Tue Jan 23, 2024 11:24 pm

Hello all,

re: ATAS certificate unavailable until later and my visa expires on 30th Jan (next Tuesday)

My nephew is an international student who arrived in September 2022 to study for his Masters in Aerospace Eng.

The university has approved his appeal and he can resit his elective papers in the next scheduled exam dates which is in Aug 2024.

His current Tier 4 visa expires on the 30th of January (next Tuesday).

One of the requirements for extending his Tier 4 visa is an ATAS (Academic Technology Approval Scheme) certificate. This is a special requirement for international students studying sensitive subjects.

He has applied for ATAS cert. as of last Friday and there is usually a 6-week turnaround.
The university is likely to issue CAS this week.

The appeal approval came in last week only and time has been incredibly short.

Question(s):

We are going to make a Tier 4 visa extension application by Monday the 29th Jan. But we won't have the ATAS to hand by then.
So two options:

1a) Go ahead and submit the Tier 4 visa extension application on Monday the 29th of January anyway without the ATAS cert. Add a note that we will submit it as soon as it is available. Then follow up and submit the ATAS cert as soon as it arrives.

Is this feasible? Are we able to reach the case worker via email or postal address to add this document at a later date?

1b) Choose an in-person application: Apply and make payment before 29th Jan, but book an in-person application date that is available as late as possible.

This way it would allow us time between 29th Jan and the in-person visa appointment date:

Is this feasible?

Option 1b) is a more expensive route, so ideally we would like to avoid it if other options are available.

Are there any other options other than Option 1a) or 1b)?

2) If it turns out there are delays or the university decides to not issue CAS and ask my nephew to return to India and come back in August 2024 on a visitor visa to resit the exams, then what options do we have?

Let's assume this was to happen and he returns with a visitor visa. Would he be eligible to switch to a PSW visa from his visitor visa? (upon successfully passing his resits and completing his course)

3) Anything else we should be considering?

Thank you for taking the time to read. Any input/help/suggestions pointing us in the right direction would greatly help.

Cheers, LC

lolo2
Senior Member
Posts: 833
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Urgent: ATAS cert unavailable and visa expiring 30 Jan (next Tuesday)

Post by lolo2 » Wed Jan 24, 2024 1:17 pm

Basically all these options depend upon the university issuing a new CAS to apply for a visa extension.

It is not possible to apply for the Graduate route with a visitor visa.

HEIs usually don't require students retaking modules - or exams - to attend in person. They can do that remotely. Every university has their own provisions in this regard.

The student needs to address all these queries directly with the university.

sah10406
Diamond Member
Posts: 3678
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Urgent: ATAS cert unavailable and visa expiring 30 Jan (next Tuesday)

Post by sah10406 » Wed Jan 24, 2024 2:27 pm

LearningCurve wrote:
Tue Jan 23, 2024 11:24 pm
The university has approved his appeal and he can resit his elective papers in the next scheduled exam dates which is in Aug 2024.

[...]We are going to make a Tier 4 visa extension application by Monday the 29th Jan. But we won't have the ATAS to hand by then.

[...] or the university decides to not issue CAS and ask my nephew to return to India and come back in August 2024 on a visitor visa to resit the exams
The university cannot issue a CAS for a Student visa extension anyway if he has no required participation until August. They may be happy to issue a CAS for a new Student visa application in his home country just for the re-sit period itself, or they may expect him to return and do it as a visitor, or they may just instruct him to do the resit remotely. He needs to query this with them.

In any case, he will need to leave the UK on or before 30 January.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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