Studying full time while on HSMP

Anwi · Post by **Anwi** » Sun Jan 01, 2006 2:39 pm

Hi All,

Any information regarding whether I can go for full time study if I am on extended HSMP Visa, meaning FLR has been granted for the next 3 years?

Thanks,

OFCHARITY · Post by **OFCHARITY** » Sun Jan 01, 2006 11:31 pm

Hi

I think that it is OK to study while on HSMP but you would still need to be maintaining employment if you expect to apply for indefinate leave at the end of your 3 year extension. Afterall the HSMP programme is meant for people who wish to be economically active.

Anwi · Post by **Anwi** » Mon Jan 02, 2006 12:40 pm

Thanks for the reply!

I would apply for ILR after 3 years. Does that mean that during those 3 years, I would be able to study for say the first 1 or 2 years and then work for the ext 1 year and have the salary slips etc reqd for ILR?

Can there be any issues etc with this?

stedman · Post by **stedman** » Mon Jan 02, 2006 7:39 pm

I think you'll need a student visa if you want to go back to fulltime education, just as you need a work permit/HSMP visa if you get a fulltime job whilst a student.

OFCHARITY · Post by **OFCHARITY** » Tue Jan 03, 2006 11:35 pm

I am not sure studying full time for a year or two as you suggested is a great idea. Is it not possible to study part time while you work? As I said before, HSMP is meant for people wo wish to be economically active, I don't think this precludes you from studying also, it is just that you are not expected to be a full time student while on HSMP.

Tobias · Post by **Tobias** » Wed Jan 04, 2006 12:14 pm

I would urge caution, whilst studying part-time will not be considered a breach of the Entry Clearance conditions, studying full time may cause difficulty. I would refer you in particular to Paragraph 321A of the Immigration Rules. Here you will find the Grounds upon which leave to enter or remain in the UK which is in force is to be cancelled at port or while the holder is outside the United Kingdom:

321A. The following grounds for the cancellation of a person's leave to enter or remain which is in force on his arrival in, or whilst he is outside, the United Kingdom apply;

(1) there has been such a change in the circumstances of that person's case since the leave was given, that it should be cancelled; or

(2) the leave was obtained as a result of false information given by that person or by that person's failure to disclose material facts;

...

Clearly, as has been hinted at by other replies, by following a full-time course of education there has been a material '... change in the circumstances of that person's case ...' and as such opens the OP up to having their entry clearance cancelled and possibly the refusal of leave to enter when returning to the UK after any trip abroad.

In addition, Paragraph 323 of the Immigration Rules provides Grounds where leave to to enter or remain may be curtailed:

323. A person's leave to enter or remain may be curtailed:

(i) on any of the grounds set out in paragraph 322(2)-(5) above; or

(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted; ...

I hope this is of assistance.

ZINX · Post by **ZINX** » Thu Jan 05, 2006 2:38 pm

Your points are well taken, what i would like to say is how can we find ways to to do full time study while on HSMP, If part-time study is not an option. My points are :

1. I don't think that one needs student visa to do study, one can go for study on HSMP but would become economically inactive.
2. If one does certain part-time job i.e say work at burger-king and make small amount of money will that be okay to justify that one is economically active.
3. if one takes certain consulting assignment or teaching assistant which pays small amount, will that be okay.
4. What will happen if one looses job for more that 6months to a year, that would also come under change in circumstances.
5. Is there a way to account spouse's income while one is studying.

Please let us know your thoughts.

- Zinx

Papafaith · Post by **Papafaith** » Fri Jan 06, 2006 8:59 pm

OFCHARITY wrote:I am not sure studying full time for a year or two as you suggested is a great idea. Is it not possible to study part time while you work? As I said before, HSMP is meant for people wo wish to be economically active, I don't think this precludes you from studying also, it is just that you are not expected to be a full time student while on HSMP.

Zinx, if you look at the post of offcharity, he/she did not say you cannot study part time, he/she is actually saying part time will be preferable, so your circumstances does not change.

yodiyokun · Post by **yodiyokun** » Mon Jan 09, 2006 6:58 am

i agree with charity as well
you can study part-time so as not to breach the immigration rules, while you work. Any typpe of work you choose will depend on you.

But the main point is studying full time will change your circumstances and your leave to remain may be withdrawn so please tread with caution

ZINX · Post by **ZINX** » Mon Jan 09, 2006 7:02 pm

By Not having an option I wanted to say that I don't wish to do part-time education.

Is the restriction so strict that there isn't a way of doing full-time education while on HSMP.

Actually I was looking to do an MBA and in my view a full-time MBA degree is considered much more valuable than a part-time degree.

So I wish to find out a way of doing full-time study while being on HSMP.

Any thoughts.

- ZINX

Post by **John** » Mon Jan 09, 2006 7:21 pm

Zinx, not sure what more can be said. In this topic Tobias actually quotes the Immigration Rule 321A. So you know the background. If you proceed to become a full-time student there is a danger of your EC being revoked.

ZINX · Post by **ZINX** » Mon Jan 09, 2006 8:16 pm

Thanks John, for your reply.

So now it seals any chance of doing full-time study in UK while on HSMP.

Tobias · Post by **Tobias** » Mon Jan 09, 2006 9:12 pm

ZINX wrote:Actually I was looking to do an MBA and in my view a full-time MBA degree is considered much more valuable than a part-time degree.

Any thoughts.

I don't know who's been telling you this, but, with respect, that is nonsense. An MBA is an MBA. I hold an LLM degree for which I studied part-time, that qualification is recognised to exactly the same extent as an LLM obtained after a full time course - both The Law Society and The Bar Council recognise the LLM as an LLM, whether it was earned part-time or full-time is irrelevant.

It may take a year or two longer to study, but that's all the difference is. The syllabus, the examination, the dissertations, the pass mark, the standards are all generally the same.

saurya_s · Post by **saurya_s** » Thu Apr 06, 2006 4:12 pm

Tobias,
Can you comment on this post.
http://www.immigrationboards.com/viewto ... highlight=

Secondly, if i convert my current full time job to part time and do full time MBA?
S

Immigrationboards.com: Immigration, work visa and work permit discussion board

Studying full time while on HSMP

Studying full time while on HSMP