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Extension - What if I do full time study since coming to UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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goodssb
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Extension - What if I do full time study since coming to UK

Post by goodssb » Wed Dec 24, 2008 1:07 pm

Hi guys, I come to the UK with HSMP visa (2+3) and I want to pursue a career in law. However, according to the English laws, I will need to do 2 years full time study before qualifying. That means by the time of visa extension, I will be a full time student and have earned no income at all since entering into the UK. In this case, is there any chance that my visa will be extended? For example, will they consider my earning before I come to the UK and start the full time study?

If no, my wife come with me as my dependant and has got a job. After 2 years, can we supply her documents to extend our visa and I become her dependant?

Thanks a lot for your help.

drjabberwocky23
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Joined: Wed Jan 09, 2008 10:08 pm

Post by drjabberwocky23 » Wed Dec 24, 2008 1:28 pm

I'm not sure if your visa would be renewed in those circumstances. If you entered the country on the HSMP/Tier 1 system, then you are officially here to work/seek work, as opposed to study. If you were already a student and were making an initial application for Tier 1, then they may have looked at your previous earnings, but if it's a renewal...I'm not very sure that they would at look at that very favourably.

push
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Post by push » Wed Dec 24, 2008 5:32 pm

In order to pursue a full time study one needs to be on Student VISA otherwise you are in breach of of your VISA conditions.

Your wife can continue to work on a student dependent basis. However the time spent working will not be counted towards ILR etc and the clock will reset to 0.

push
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Post by push » Wed Dec 24, 2008 5:36 pm

I dug out this thread from the board (Quite old but I think still relevant):
Posted February 24, 2004 07:11 PM
1. You can study part time in the UK on an HSMP visa.
2. If you want to study full time then get a Student visa since the HSMP visa is for economic activity through employment or self employment in a designated profession.

3. If you study on HSMP you will not get a renewal.

4. You cannot pay home fees unless you have a relevant connection with the UK under the Department of Education regulations which typically require you to have ILR (permanent residence) or EEA Nationality and have been resident in the UK for 3 years in a capacity otherwise than educational. There are exceptions for asylum seekers and those granted humanitarian leave.

[ February 25, 2004: Message edited by: Kayalami ]

goodssb
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Joined: Fri Jan 04, 2008 9:43 am

Post by goodssb » Wed Dec 24, 2008 10:01 pm

Thank you very much for your replies to help to clarify this issue. It is clear then that law is just not an option, at least for now. what a pity.

push
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Post by push » Wed Dec 24, 2008 10:05 pm

goodssb wrote:Thank you very much for your replies to help to clarify this issue. It is clear then that law is just not an option, at least for now. what a pity.
Before you completely lose hope on this I would advise you to send an email to HO and get a credible response.

regards,

push_HSMP

republique
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Post by republique » Thu Dec 25, 2008 10:20 am

goodssb wrote:Thank you very much for your replies to help to clarify this issue. It is clear then that law is just not an option, at least for now. what a pity.
Why would you come here on a work visa and just study? That just doesn't make sense and further why would you wait to understand the consequences of such action around renewal time.
While you wife could sponsor you, she would need a visa on her own merit. Would she qualify for a tier1 visa? and further you would have to leave the country to be her dependent and start the process.

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