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Switching from PSW and course starts in June 2011

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

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ash786
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Switching from PSW and course starts in June 2011

Post by ash786 » Tue Apr 05, 2011 11:14 am

I hope that experts can shed sum light on the following a friend of my mine came across this issue and i have advised him that he shud be ok and it would not be illegal to do.

1. He had the PSW visa ending august 2011.
2. He joined the MBA from a HTS institution.
3. He got the visa on the 28th march 2011.
4. We all know that his Tier 4 visa replaces his PSW from 28th March 2011.
5. His course starts on the 27th June 2011.
6. His question was that can he work full time untill 27th june 2011?

I have advised him that yes he can as this time is like a Vacation periods for him as he is not required to attend the college untill the 27th June 2011.

I hope experts can add to this topic.

Aryan2013
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Re: Switching from PSW and course starts in June 2011

Post by Aryan2013 » Tue Apr 05, 2011 5:12 pm

ash786 wrote:I hope that experts can shed sum light on the following a friend of my mine came across this issue and i have advised him that he shud be ok and it would not be illegal to do.

1. He had the PSW visa ending august 2011.
2. He joined the MBA from a HTS institution.
3. He got the visa on the 28th march 2011.
4. We all know that his Tier 4 visa replaces his PSW from 28th March 2011.
5. His course starts on the 27th June 2011.
6. His question was that can he work full time untill 27th june 2011?

I have advised him that yes he can as this time is like a Vacation periods for him as he is not required to attend the college untill the 27th June 2011.

I hope experts can add to this topic.
According to UKBA website, "When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you."

Interesting point to note here is the "term-time" or "vacation" is of the college and not student, so if the college is having "term-time" from 28th March till 27th June, IMO, he can't work full time.

ash786
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Re: Switching from PSW and course starts in June 2011

Post by ash786 » Tue Apr 05, 2011 5:50 pm

Aryan2013 wrote:
ash786 wrote:I hope that experts can shed sum light on the following a friend of my mine came across this issue and i have advised him that he shud be ok and it would not be illegal to do.

1. He had the PSW visa ending august 2011.
2. He joined the MBA from a HTS institution.
3. He got the visa on the 28th march 2011.
4. We all know that his Tier 4 visa replaces his PSW from 28th March 2011.
5. His course starts on the 27th June 2011.
6. His question was that can he work full time untill 27th june 2011?

I have advised him that yes he can as this time is like a Vacation periods for him as he is not required to attend the college untill the 27th June 2011.

I hope experts can add to this topic.
According to UKBA website, "When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you."

Interesting point to note here is the "term-time" or "vacation" is of the college and not student, so if the college is having "term-time" from 28th March till 27th June, IMO, he can't work full time.
1. U got that wrong as the course start date is 27th June 2011.
2. He got the Tier 4 visa on the 28th March 2011 and not required to attend the collecge before 27th June 2011.


I hope it clears the confusion........

Aryan2013
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Post by Aryan2013 » Tue Apr 05, 2011 6:17 pm

1) Even the course start date is 27th June, still sponser is responsible from 28th March ("When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.")

2)It does not matter, whether you are required to attend the college or not??
As explained earlier, the "term-time" or "vacation" is of the college and not student and as you know students are allowed to work part-time in their "term-time".

3)Try to find the term dates and vacations from the college.

ash786
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Post by ash786 » Tue Apr 05, 2011 6:45 pm

Aryan2013 wrote:1) Even the course start date is 27th June, still sponser is responsible from 28th March ("When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.")

2)It does not matter, whether you are required to attend the college or not??
As explained earlier, the "term-time" or "vacation" is of the college and not student and as you know students are allowed to work part-time in their "term-time".

3)Try to find the term dates and vacations from the college.
1. I know wat u mean but the issue here is different.
2. The term time is from 27th June 2011 to 28th June 2012.
3. University offers 3 dats for the course January, June and September.
4. My friend is enrolled for June date.
5. I am 100% certain that he is allowed to work full time before start of the course.

I would like other ppl to comment on this after reading the first post.

sunmoon
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Post by sunmoon » Tue Apr 05, 2011 6:55 pm

ash786 wrote:
Aryan2013 wrote:1) Even the course start date is 27th June, still sponser is responsible from 28th March ("When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.")

2)It does not matter, whether you are required to attend the college or not??
As explained earlier, the "term-time" or "vacation" is of the college and not student and as you know students are allowed to work part-time in their "term-time".

3)Try to find the term dates and vacations from the college.
1. I know wat u mean but the issue here is different.
2. The term time is from 27th June 2011 to 28th June 2012.
3. University offers 3 dats for the course January, June and September.
4. My friend is enrolled for June date.
5. I am 100% certain that he is allowed to work full time before start of the course.

I would like other ppl to comment on this after reading the first post.
before he starts his first term (on 27th Jjune' 11) how come he will take the 'vacation' time working facility ? if you were 100% certain then why do you need asking the forum ?

ash786
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Post by ash786 » Tue Apr 05, 2011 7:03 pm

sunmoon wrote:
ash786 wrote:
Aryan2013 wrote:1) Even the course start date is 27th June, still sponser is responsible from 28th March ("When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.")

2)It does not matter, whether you are required to attend the college or not??
As explained earlier, the "term-time" or "vacation" is of the college and not student and as you know students are allowed to work part-time in their "term-time".

3)Try to find the term dates and vacations from the college.
1. I know wat u mean but the issue here is different.
2. The term time is from 27th June 2011 to 28th June 2012.
3. University offers 3 dats for the course January, June and September.
4. My friend is enrolled for June date.
5. I am 100% certain that he is allowed to work full time before start of the course.

I would like other ppl to comment on this after reading the first post.
before he starts his first term (on 27th Jjune' 11) how come he will take the 'vacation' time working facility ? if you were 100% certain then why do you need asking the forum ?
1. Guys i never cam across this before.
2. Its good to check with other people.

The UKBA says that u can work 20 hours during term time and full time during vacations.

3. UKBA does not say anyhting about it.
4. U can not say that the period in question is a term time as the course starts in June 2011.

Aryan2013
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Post by Aryan2013 » Tue Apr 05, 2011 7:10 pm

You not getting the point, are you??

The "term-time" or "vacation" is of the college and not student so if your college/Uni. is having "term-time" from April to June, it will be "term-time" for the student as well, even though he/she has not started the course or is not required to attend the college/Uni.

This is the last response from my side, explaining the "term-time" and "vacation", I'll wait for other's for some clarification on the same.

sunmoon
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Post by sunmoon » Tue Apr 05, 2011 7:16 pm

ash786 wrote:
sunmoon wrote:
ash786 wrote:
Aryan2013 wrote:1) Even the course start date is 27th June, still sponser is responsible from 28th March ("When we approve your application, your new Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.")

2)It does not matter, whether you are required to attend the college or not??
As explained earlier, the "term-time" or "vacation" is of the college and not student and as you know students are allowed to work part-time in their "term-time".

3)Try to find the term dates and vacations from the college.
1. I know wat u mean but the issue here is different.
2. The term time is from 27th June 2011 to 28th June 2012.
3. University offers 3 dats for the course January, June and September.
4. My friend is enrolled for June date.
5. I am 100% certain that he is allowed to work full time before start of the course.

I would like other ppl to comment on this after reading the first post.
before he starts his first term (on 27th Jjune' 11) how come he will take the 'vacation' time working facility ? if you were 100% certain then why do you need asking the forum ?
1. Guys i never cam across this before.
2. Its good to check with other people.

The UKBA says that u can work 20 hours during term time and full time during vacations.

3. UKBA does not say anyhting about it.
4. U can not say that the period in question is a term time as the course starts in June 2011.
its not term time and also its not a vacation period. Employers may ask him for a vacation letter from his school and on what basis the school will say its vacation ?

ash786
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Post by ash786 » Tue Apr 05, 2011 7:22 pm

sunmoon wrote:
ash786 wrote:
sunmoon wrote:
ash786 wrote:
1. I know wat u mean but the issue here is different.
2. The term time is from 27th June 2011 to 28th June 2012.
3. University offers 3 dats for the course January, June and September.
4. My friend is enrolled for June date.
5. I am 100% certain that he is allowed to work full time before start of the course.

I would like other ppl to comment on this after reading the first post.
before he starts his first term (on 27th Jjune' 11) how come he will take the 'vacation' time working facility ? if you were 100% certain then why do you need asking the forum ?
1. Guys i never cam across this before.
2. Its good to check with other people.

The UKBA says that u can work 20 hours during term time and full time during vacations.

3. UKBA does not say anyhting about it.
4. U can not say that the period in question is a term time as the course starts in June 2011.
its not term time and also its not a vacation period. Employers may ask him for a vacation letter from his school and on what basis the school will say its vacation ?
1. If you say its not a term time and its not vacation then kindly inform what this period is and which work is allowed, full time or part time.

ash786
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Post by ash786 » Tue Apr 05, 2011 7:25 pm

Aryan2013 wrote:You not getting the point, are you??

The "term-time" or "vacation" is of the college and not student so if your college/Uni. is having "term-time" from April to June, it will be "term-time" for the student as well, even though he/she has not started the course or is not required to attend the college/Uni.

This is the last response from my side, explaining the "term-time" and "vacation", I'll wait for other's for some clarification on the same.
1. I am getting your point but u do not understand and keep assuming different things.
2. The college is not having any term time from april to june.
3. The term time starts from 27th June 2011.

sunmoon
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Post by sunmoon » Tue Apr 05, 2011 7:28 pm

ash786 wrote: its not term time and also its not a vacation period. Employers may ask him for a vacation letter from his school and on what basis the school will say its vacation ?
[/quote] If you say its not a term time and its not vacation then kindly inform what this period is and which work is allowed, full time or part time.[/quote]

he is not suppose to work at all before start the course as he is technically a new student.
Last edited by sunmoon on Tue Apr 05, 2011 7:39 pm, edited 1 time in total.

Aryan2013
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Post by Aryan2013 » Tue Apr 05, 2011 7:36 pm

ash786 wrote:
Aryan2013 wrote:You not getting the point, are you??

The "term-time" or "vacation" is of the college and not student so if your college/Uni. is having "term-time" from April to June, it will be "term-time" for the student as well, even though he/she has not started the course or is not required to attend the college/Uni.

This is the last response from my side, explaining the "term-time" and "vacation", I'll wait for other's for some clarification on the same.
1. I am getting your point but u do not understand and keep assuming different things.
2. The college is not having any term time from april to june.
3. The term time starts from 27th June 2011.
1)I am not assuming anything and I did ask you about term-time and vacation earlier, but, you never told me that college is on vacation from April to June i.e no classes will be held for any students.

2)If indeed, that is the case, then its vacation period.

Aryan2013
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Post by Aryan2013 » Tue Apr 05, 2011 7:42 pm

sunmoon wrote: he is not suppose to work at all before start the course as he is technically a new student.
I don't think so, even if he is a new student, he is allowed to work part-time during term-time and full time during vacations!!!

ash786
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Post by ash786 » Tue Apr 05, 2011 7:48 pm

Aryan2013 wrote:
ash786 wrote:
Aryan2013 wrote:You not getting the point, are you??

The "term-time" or "vacation" is of the college and not student so if your college/Uni. is having "term-time" from April to June, it will be "term-time" for the student as well, even though he/she has not started the course or is not required to attend the college/Uni.

This is the last response from my side, explaining the "term-time" and "vacation", I'll wait for other's for some clarification on the same.
1. I am getting your point but u do not understand and keep assuming different things.
2. The college is not having any term time from april to june.
3. The term time starts from 27th June 2011.
1)I am not assuming anything and I did ask you about term-time and vacation earlier, but, you never told me that college is on vacation from April to June i.e no classes will be held for any students.

2)If indeed, that is the case, then its vacation period.
1. I think we both misunderstood each other.
2. U thought that the classes are started but the student will start in June which is not the case.
3. The university offers 3 terms for the MBA Jan, June and Sep.
4. The student is enrolled for the June term and all the students who are enrolled for this June term will start in June 2011.
5. The university is not closed or on vacation as the January term for MBA is on.

I hope that clears the confusion.

sunmoon
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Post by sunmoon » Tue Apr 05, 2011 7:49 pm

Aryan2013 wrote:
ash786 wrote:
Aryan2013 wrote:
1)I am not assuming anything and I did ask you about term-time and vacation earlier, but, you never told me that college is on vacation from April to June i.e no classes will be held for any students.

2)If indeed, that is the case, then its vacation period.
different courses of a school may have different vacation periods so it doesn't really matter if there are any classes during the time in question. Main concern, I think, is he will not be starting his course during that time.
I'm also waiting to see some responses from experts specially from sushdmehta and Vinny

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Post by sunmoon » Tue Apr 05, 2011 7:56 pm

Aryan2013 wrote:
sunmoon wrote: he is not suppose to work at all before start the course as he is technically a new student.
I don't think so, even if he is a new student, he is allowed to work part-time during term-time and full time during vacations!!!
continuing students may work full time in between 2 courses if they enrolled for new course on completion of their first one. but in case of your friend he will not be starting his course until June.

ash786
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Post by ash786 » Tue Apr 05, 2011 8:04 pm

sunmoon wrote:
Aryan2013 wrote:
sunmoon wrote: he is not suppose to work at all before start the course as he is technically a new student.
I don't think so, even if he is a new student, he is allowed to work part-time during term-time and full time during vacations!!!
continuing students may work full time in between 2 courses if they enrolled for new course on completion of their first one. but in case of your friend he will not be starting his course until June.
1. I did say to read the first psot before replying.
2. He switched from PSW visa to Tier4 so was not on student visa before.

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Post by sunmoon » Tue Apr 05, 2011 8:13 pm

ash786 wrote:
sunmoon wrote:
Aryan2013 wrote:
sunmoon wrote: he is not suppose to work at all before start the course as he is technically a new student.
I don't think so, even if he is a new student, he is allowed to work part-time during term-time and full time during vacations!!!
continuing students may work full time in between 2 courses if they enrolled for new course on completion of their first one. but in case of your friend he will not be starting his course until June.
1. I did say to read the first psot before replying.
2. He switched from PSW visa to Tier4 so was not on student visa before.
Thats why I said NEW STUDENT- if some one coming from abroad with a student visa couple of months before his course start, do you think he will be working full time those couple of months ?

ash786
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Post by ash786 » Tue Apr 05, 2011 8:29 pm

sunmoon wrote:
ash786 wrote:
sunmoon wrote:
Aryan2013 wrote:
I don't think so, even if he is a new student, he is allowed to work part-time during term-time and full time during vacations!!!
continuing students may work full time in between 2 courses if they enrolled for new course on completion of their first one. but in case of your friend he will not be starting his course until June.
1. I did say to read the first psot before replying.
2. He switched from PSW visa to Tier4 so was not on student visa before.
Thats why I said NEW STUDENT- if some one coming from abroad with a student visa couple of months before his course start, do you think he will be working full time those couple of months ?
1. Again you are assuming something.
2. According to the UKBA guidence you can either come 1 month or 7 days before the course starts according to the course level and type.

sunmoon
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Post by sunmoon » Tue Apr 05, 2011 8:34 pm

ash786 wrote:
sunmoon wrote:
ash786 wrote:
sunmoon wrote:
continuing students may work full time in between 2 courses if they enrolled for new course on completion of their first one. but in case of your friend he will not be starting his course until June.
1. I did say to read the first psot before replying.
2. He switched from PSW visa to Tier4 so was not on student visa before.
Thats why I said NEW STUDENT- if some one coming from abroad with a student visa couple of months before his course start, do you think he will be working full time those couple of months ?
1. Again you are assuming something.
2. According to the UKBA guidence you can either come 1 month or 7 days before the course starts according to the course level and type.
O.K ..... so can they work full time during those 1 month or 7 days ?

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Post by terriblescream » Wed Apr 06, 2011 5:58 pm

very interesting post for me.

I do not understand how UKBA granted him Tier 4 visa when his course is way far. Starting in June and he has visa for that in March..

sounds not okay to me!.. Please shed light. How did they grant you a visa if your course is soo far ahead.

ash786
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Post by ash786 » Wed Apr 06, 2011 6:11 pm

terriblescream wrote:very interesting post for me.

I do not understand how UKBA granted him Tier 4 visa when his course is way far. Starting in June and he has visa for that in March..

sounds not okay to me!.. Please shed light. How did they grant you a visa if your course is soo far ahead.
1. I am very glad that i started this post so other in the same situation will benefit from it.
2. As far as your concern, u shud know that in country applications can apply upto 3 months before the start of the course.
3. His course will start in June.
4. If you read the initial post you will understand it in more details.

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Post by terriblescream » Thu Apr 07, 2011 2:10 am

ash786 wrote: 1. I am very glad that i started this post so other in the same situation will benefit from it.
2. As far as your concern, u shud know that in country applications can apply upto 3 months before the start of the course.
3. His course will start in June.
4. If you read the initial post you will understand it in more details.
Did read the post.!

Okay I have a question I had a friend of mine who was on PSW, had his leave until November 2010. And enrolled onto course which was suppose to start in February 2011. He applied his leave before PSW ran out and his Tier 4 application was subsequently rejected quoting that there is more than 2 months gap between his leave and start date.

He appealed and lost his appeal on the same ground as well..

Is this something different if so whats different in his case!

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Post by Greenie » Thu Apr 07, 2011 9:33 am

terriblescream wrote:

Okay I have a question I had a friend of mine who was on PSW, had his leave until November 2010. And enrolled onto course which was suppose to start in February 2011. He applied his leave before PSW ran out and his Tier 4 application was subsequently rejected quoting that there is more than 2 months gap between his leave and start date.

He appealed and lost his appeal on the same ground as well..

Is this something different if so whats different in his case!
It is different. The OP's friend had leave under PSW until August but applied to switch into Tier 4 and was granted the visa as it is permitted to apply for leave under tier 4 3 months before the course starts. If he had been outside the UK whilst they would have considered the application 3 months before the start of the course, they would only have issued it to start at the most 1 month before the course starts (for reasons already explained in this thread).

In my opinion the OP's friend is able to work for the 3 months before his course starts, as it is not yet term time for him. THe principle would be the same if for example he had been on tier 4 all along, had finished one course in say January 2011, and his leave was expiring in May 2011 - a person in this sitution is able to work full time until the end of their visa. If they then apply for a further tier 4 visa to start another course in April 2011 then they would still be permitted to work full time until the course starts even if he is granted leave to remain for the new course in February 2011.

Terriblescream your friends scenario is different because it is not possible to apply for leave to remain under tier 4 for a course that starts more than one month after the current leave expires.

The OP's friend had leave until August 2011 and his course starts in June 2011 so the course started before his leave expired.

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