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Student Visa expiring before Dissertation & result/Msc A

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

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

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Hunter007
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Student Visa expiring before Dissertation & result/Msc A

Post by Hunter007 » Mon Jun 28, 2010 12:32 am

Hi Everyone
I'm currently on a Student Tier4 Visa. I am currently looking into my eligibilty for ILR under the 10yr rule. I have a greay area in my first year in the UK under absences from the Uk.

As a backup I want to be able to apply for PSW incase I am not eligible this year, but I will be the year after.

The problem is that my visa expires 30th Sept 2010 and my dissertation hand in is 1st week of Sept, all my modules are done and marked. As far as I understand I can't apply for PSW until I have been awarded my MSc either declared in a university letter or present the actual degree certificate. We all know there is no way i'm gonna get the dissertation mark and degree awarded within Sept itself...so what should I do?

I haven't spoken to the Student Advice Centre at the Univ yet, but I will be to see what they say. I can't apply without the award I will just get refused and my 10 years continuos resdnce might break. The only feasible solution I see is to apply for a Student Visa extension until the degree is awarded...is that route possible, does the Home Office and the University allow for this scenario?

Thanks!

potterbond007
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Post by potterbond007 » Mon Jun 28, 2010 6:56 am

You would have to ask the university if they are willing to give you an extension.. If you send in your application for PSW and if the result comes in maybe in 2 weeks time from the date of application, you can send in the transcript with a change of circumstances form..

TheSpread
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Post by TheSpread » Tue Jun 29, 2010 10:35 pm

Ask your university to give you a letter closer to the time (Aug or early September) stating when the degree will be awarded and when the graduation date will be if succesful. UKBA usually grant you a student visa extension in order for you to attend your graduation (and a little after) if succesful. That's usually the case anyway, then maybe in the meantime you can seek legal advise regarding your absences.

Hunter007
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Joined: Sun Jun 27, 2010 4:02 am

Post by Hunter007 » Wed Jun 30, 2010 2:28 am

Thank you very much for your opinions :) I shall take it up with my Course admin at my Univ. I will try to drop an update as and when I have one for others to learn from my experience. In the meantime if someone else who reads this and has something to add, please do so, its much appreciated.
Cheers !!

t070576
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Post by t070576 » Wed Jun 30, 2010 10:16 pm

hey can't you try and hand in a little bit earlier and ask the tutor to kindly mark it?

Even a letter saying that you have successfully completed the course with everything else (name, uni, course, start end dates, the certificate has not yet been issued and the confirmation that it will be issued) seems to do the job. Confirm first with uni if you could hand in earlier since you don't wanna take a risk on this?

dickostar86
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Post by dickostar86 » Fri Jul 16, 2010 1:15 pm

t070576

This letter did not do the job for me. I was rejected on the basis that, even though i had completed the course, as I had not yet been awarded the qualification, i had not fulfilled the criteria.

geriatrix
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Post by geriatrix » Fri Jul 16, 2010 1:43 pm

All, please read para 62 and 79 of the PSW policy guidance *carefully*.



regards

bb21
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Post by bb21 » Wed Jul 21, 2010 3:43 am

Does someone know anything about this? In the overview section of the policy document it states:
Time spent in the Tier 1 (Post-Study Work) category does not count towards the period an individual needs to spend in the United Kingdom before being eligible to apply for indefinite leave to remain.
Leave in the Tier 1 (Post-Study Work) category does not lead to settlement.
I was under the impression that PSW counted towards Long Residence applications or has the policy been changed lately?

geriatrix
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Post by geriatrix » Wed Jul 21, 2010 1:43 pm

bb21, time in UK under Tier 1 (PSW) leave to enter/remain cannot be used for settlement applications under any economic immigration category - that's what the text you have quoted means. This said, you are right in stating that time spent in Tier 1 (PSW) leave to enter/remain can be used to apply for settlement under long residence (10yr./14yr.) category.


regards

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