In-country or out-of-country application?

[geriatrix]

3.1 The granting of limited LOTR should not convey any expectation of further leave or eventual settlement. As soon as the period of limited LOTR comes to an end, the person will be expected to leave the UK unless he applies to extend his leave, or has an entitlement to remain on some other basis.

regards

[trf0412]

3.1 The granting of limited LOTR should not convey any expectation of further leave or eventual settlement. As soon as the period of limited LOTR comes to an end, the person will be expected to leave the UK unless he applies to extend his leave, or has an entitlement to remain on some other basis.

regards

Thanks for this link, although I had already seen it. What I am not clear about, however, is whether applying for a Tier 4 visa counts as applying to extend his leave, or does this paragraph indicate that he is only allowed to apply for an extension of his LOTR for a further period of LOTR?

[geriatrix]

Your friend, when he applies from outside UK for Tier 4 (student) leave to enter, will be making an EC application and not an extension application.


regards

[falak123]

Dear All,

My understanding in regard to the following issues is as follow:

Established Residdence:

"An applicant will have an established presence studying in the United Kingdom if the applicant has completed a course that was at least six months long within their last period of leave as a Tier 4 migrant, a student or as a Postgraduate Doctor or Dentist, and this course finished within the last four months

Either the above or the below one

or the applicant is applying for continued study on a course where the applicant has completed at least six months of that course and has been studying within the last four months


You will note that in the frirst paragraph leave has to be either as student, doctor...... means person/applicant must be studying.

In the second criteria, the word is applicant, and the word applicant includes all those people who are switching from other catagories except student/tier 4 and study related you know what i mean. Otherwsie there was no need for the parliamnet to have second paragraph, if the second option applies only to those people who had previous study related leave then first paragraph was sufficient.

Having said all above i think you do have established presence in the UK, in both cases whether you apply within the UK or outside the UK.

2. Human Rights

It is agreed that student leave does not lead to settlement but only under the rules. When the issue of human rights will be assessed, it will be assessed on certain issues. the famous criteria was set in famous case of Razgar, google it and read it, will explain it all.

3. Application within the UK

catagories able to switch to Tier 4 mentioned in the Rules are catagories where leave is granted under the Rules. Under all thos catagories one has permission to study as well, provided Tier 2 is working for his employer and same with other catagories as long as person comply with conditions attached to thier leave to remain. I mean to say that if Tier 2 migrant starts tsudying only and does not work then he is not likely to succeed.

Discretionary leave to remain is outside the rules. One has to see whether one has permision to study under DLR or not. I belive yes, then why one can not make application for extension or vary leave to remain as student.

What i would suggest, email the Home Office for advice and then act accordingly. You will have right of appeal , if refused and evidence can be produced that you acted on advise.

Regards