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uniriri wrote:Hi all,
I am in a bit of a dilemma and am hoping someone here will be able to help. Apologies in advance for what will be a looong post but I am trying to be as thorough as possible
so,
I have been here since 2002 studying architecture.
2002 -2006 I studied Meng/RIBA Part 1
2006-2007 I worked as a Part 1 architecture assistant using a student visa extension that granted me able to work for a year.
2007-2009 Having gained enough work experience, I went back to study for my DipArch/RIBA Part 2
2009-present I am working on PSW visa as a Part 2 architecture assistant.
While working, I have continued with my RIBA Part 3 education which is a part time course to be taken whilst in architecture employment.
The final exam is in Nov 1, but my PSW visa expires 10 Sept
As i really want to finish the course, What could I do to extend my stay for the 2 months?
I have researched and read forums and came to these conclusions:
PSW Visa - definitely cannot be extended
Tier 2 Visa - my employer has offered to sponsor me however, as my job is not on the shortage list and my salary of 24k is barely above the minimum? what are the chances of me getting the visa? My employer has never sponsored anyone before and we are a small architecture practice.
Tier 4 Visa - it would seem as my studies are part time, I cannot apply. I am not even sure if my uni will give me a CAS number - I have emailed them but am still waiting for a reply.
What should / can i do?
I was even considering applying to the above or even tier 1 in the hope that once my application is rejected, I would be finished with my course, all the while still residing here legally. However, I dont feel comfortable with the idea of overstaying, living under constant stress and having read through some forums, UKBA can deem your application 'invalid' and therefore making me an illegal which i DO NOT want to happen.
Thanks. Any advice/suggestions/clarifications would be v.much appreciated.
could i go back and apply for a student visitor visa?
what is the process for that?
I'm not sure its easy or not, but it may work. This has been advised before so I guess, it may work.uniriri wrote:hi,
yes i will probably try for tier 2
however, as it seems like a lengthy and expensive process, i want to see if there are other easier options in terms of application process - such as the student visa - as I really do only want to finish my course. I don't really have plans to stay longer here after my course as I want to try and work elsewhere.
is there an easier option than tier 2? just for 2 months
uniriri wrote:Hi,
thanks. will probably keep that as a last minute option if tier 2 doesnt work out. a couple of questions:
1) what is the slowest method of payment? cheque?
I guess so but I'll advise you to do your own research.
2) how long can you delay bio-metrics? I have never had to do one
Everyone has to do now. You can easily delay around a month or two.
3) if i do the above, and manage to stretch it out for 2 months, when they do come to process my application and find that the course has ended, would they not then find it invalid and therefore i have been here illegally for those 2 months ?
I guess Section 3C will come into play.
4) would it not be better to do the application in person, before present visa ends, and therefore have a chance to state and reason my case?
They will follow RULES, not your reasoning.
thanks again
1. Even if you post without CAS, you application is sent, you are legal until they return you the application form/reject your application(dont knw how long this will take). You will have 28 days to leave the UK and you wont be considered illegal or over-stayeruniriri wrote:Hi,
thanks for the help but as just found that i can't get a CAS number so,
1) will my application be invalid? rendering my stay post visa expiration date illegal? if so, this is definitely something I would not want to bet on
2) I have never really had my pasport check on exiting the country (on average 3 flights a year for the last 9 years)- so how do they know that you've been here illegally? or would this only come up when i want to enter the UK again and honestly tell them that i've overstayed. If i never want to come here again, how would anyone know?
I know i'm veering into dodgy territory here - am just asking - though the idea of overstaying for the 2 months have toyed in my mind i know that this is a dangerous path to take.
3) are there any other visa i can apply for that doesnt require official documents like CAS/COS? w the knowledge that I'll get rejected but as long as the application is not INVALID, i would have been here legally.
4) i have seen some posts here where people have applied for tier 2 w/o COS or have applied for COS the same time they've applied for the license. Can you really do this? or will application be termed invalid as well?
thanks again.
uniriri wrote:Hi again,
1) so can i stay 28days after my present visa expire then? i've heard about the 28 days rule around this forum but can't find legal document regarding the matter (like section 3C), do you have a link you can forward to me?
2) well the last 2 years i've been flying via gatwick. the checkin desk checks my passport but i assume only for identity reasons and ensuring i have a visa to the country i want to travel to and NOT the UK. then before they scan your carry on, etc, they check pasport and boarding card but again, they only check the front page of your pasport from what i can tell. then i dont think there was any other checks to exit apart from when boarding
but then again, these things always happen when u least expect it
3) what about ILR? you know, it takes them a looong while to reject/process it/deem it invalid?
4) yeah will do some research as that. what about applying without COS? which process of them deeming it invalid takes longer? Tier 4 without CAS or Tier 2 without COS?
thanks again
FLR O is not just a form for general visitors. It is primarily used for applications that are not covered in other application forms and applications that are outside the rules such as yours.uniriri wrote:Hi,
greenie, thank you for letting me know about FLR(O). I am not even aware that such thing existed! I will defo look into this further as my uni has told me they can't give me COS as it is a part time course and RIBA's only suggestion was to enrol on a full time Part 3 course (v.unhelpful information btw as there are NO FULL TIME course for RIBA part 3 in England useless).
Anyways, that's a different rant altogether
Questions:
1) Do you have anymore information regarding FLR (O) as most information i see about it has been for those wanting to extend their general visitor visa
2) In your experience, do you think I have a valid case? because if i do, I would like to get the stress over and done with and apply in person. Whereas if you dont think I'll get a chance, Ill apply by post.
3) If i do decide to apply, get rejected, but am close to finishing the course, would the grace 28 day period still apply to me? therefore I need not bother with the appeal.
4) regarding student visit visa, would this be difficult to get considering it's so near to when my psw expired? apply for entry in october - psw expired in 10th sept.
thanks again all. my office will be sending their sponsor application in the next week so wish us luck! x
A valid application just means that the correct form has been completed, it is signed, the fee is paid, mandatory sections are completed, the form is current, the photos meet the guidance etc. It isn't about whether you meet the rules. If you make an invalid application it is treated as if you have not made an application at all. If you apply without a CAS you haven't made an invalid application, but you have made an application that will be refused.uniriri wrote:Hi greenie - you are indeed a guru
thanks a ton for your help regarding the FLR (O) as I was racking my brains trying to find ANY application to which I would qualify to apply under as this is all I need to stretch the stay to november.
I think without CAS number, it's a bit risky to apply for student though just to clarify, you said:
"They won't reject a Tier 4 application as invalid if you apply without a CAS but there is a chance that when they do the general check on the form for validity that they would pick up on the fact you have no CAS and refuse the application under the rules at this point. "
are you sure? because I thought it would be returned as invalid without CAS - much like a tier 2 application would be returned invalid without COS
As for student visitor visa, I have heard from people and this forum that some people have found it quite quite hard to apply for a visitor visa if you have been here for a while under any other tiers as UKBA will see this as your not wanting to leave when your visa runs out and having stronger ties to UK than to home country. And the ones that do get the visa, often risk being turned back at airport immigration
I think you are right though, It is best to stay and apply for a visa here because once I leave, there is no guarantee I will be given re-entry and all the hard work at uni would go to waste.
anyways, if i do apply, get rejected, appeal, get rejected and then leave as I've finished the course, what happens at the airport immigration check? obviously i've overstayed the visa on my passport - do i show them the rejection letter from UKBA? and will they be satisfied w that and not ban me/write stuff on my passport?