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settlement visa to student visa

General UK immigration & work permits; don't post job search or family related topics!

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sohail akhter
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Posts: 129
Joined: Sat Sep 24, 2005 12:43 pm

settlement visa to student visa

Post by sohail akhter » Tue Mar 14, 2006 11:40 am

A female went to UK on settlement visa. She was divorced and came back to her home country. She has now valid settlement visa. Is it possible for her to switch over her settlement status into student status while living in UK?

Dawie
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Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Post by Dawie » Tue Mar 14, 2006 1:27 pm

Why on earth would anyone want to do that?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

sohail akhter
Member
Posts: 129
Joined: Sat Sep 24, 2005 12:43 pm

Post by sohail akhter » Tue Mar 14, 2006 1:37 pm

Sorry the lady has initially 9 month valid settlement visa left, she has not got ILR.

Dawie
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Posts: 1699
Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Post by Dawie » Tue Mar 14, 2006 1:52 pm

What exact type of settlement visa does she have, e.g. work permit, spouse visa, etc?

Also what is her nationality?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Mar 15, 2006 2:15 am

My understanding of the OP's post is that:

1. The lady in question applied for and was granted a 2 year visa as the spouse of a person present and settled in the UK - I'm presuming this was an EC/out of country application but it doesn't really matter if it was an in country switch.

2. The marriage did not work there was a divorce and the lady left the UK 9 months prior to the expiry of the 2 year visa i.e. month 15.

3. This spouse visa is no longer valid technically effective the separation date but definitivley effective the divorce date so questions as to a switch based on its use for entry are moot. Entry using this visa is illegal and is a severe breach of the immigration rules by virtue of misrepresentation. You will be liable for removal likely at a port of entry and be henceforth refused any UK visa on non condusive grounds (para 320).

4. If you want to return as a student then review the rules for this to include registration/ acceptance from an educational institution that is registered with the Department for Education and Skills then obtain a student visa. If you are pursuing a degree level course, your funding is solid and your socio economic ties in the home country are strong then I don't see this being an issue. However the ECO would review details as to the previous UK leave to enter/remain.

good luck

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