Can I apply for Tier-4 visa for PhD

[cee14]

Hello
I am in the UK since 2005 with my husband who is dependant on me. From 2005 to 2009 I was on work permit, then from 2009 to 2011 done master degree then from 2011 to Nov 2013 on Tier-2. In last month (15th November) I made redundant. I think now my visa will be valid for 60 days which means around mid of January next year.
My questions are:-
Can I go for Tier-4 visa for a PhD degree which is going to start on 24th January?
Do you think case worker can reject my application on the basis that if he approves my Tier-4 application now, I can apply for ILR in 2015 and I am doing PhD to complete 10 years for ILR.
Getting another job is not an option for me in such short duration.
Thanks in advance for your time to read this and your advice.

[sheraz7]

why did you not continue the work permit route after 2009? Had you continuously been meeting the criteria of work permit from 2005-2009?
Usually there must not be gap of more than 28 days between the visa expiry/deadline and the course start date which means you should be fine.

[cee14]

Thanks Sheraj7, Yes, I fully met all criteria and requirements from 2005 to 2009. In 2009 I got first redundancy and then gone to university and done master on Tier-4. Again now in Nov 2013 got second redundancy. Among all odds, at the moment, I have PhD opportunity now to extend my stay but afraid about how caseworker will take second time switching to tier-4.What do you think on this aspect?
Thanks to one of my friend who told me about this forum I will appreciate all of you and also want to know about the possibility of issuing a CoS if I have been issued a CAS from Uni.
What my question here is that- 1)can I delay my Tier-4 visa application until the course start date in the hope of getting a CoS from some employer (Can CAS and CoS be issued at the same time)?
2) Can I withdraw my Tier-4 application before ukba decision to make a new Tier-2 application if some employer is ready to give me a CoS after sending my Tier-4 application ?
Answers to these one will be really helpful so please respond.

[sheraz7]

if you made tier 4 application which if pending/undecided and if you find new sponsor with cos then you can vary the tier 4 application to tier 2. Read from page 32-34 of the following:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[cee14]

Thanks Sheraz7 this is very useful information regarding variation.
One most important point I want to know is that - can an employer be able to issue a CoS to me when I am already having a CAS from University? OR University needs to withdraw my CAS first and then Employer can issue CoS to me.

I looking forward for response please.

[sheraz7]

There is no interlink between university CAS and COS but without university CAS you cannot apply tier 4 and if you have got no leave or at least an undecided leave then you cannot vary/switch into tier 2 within the country. But once you successfully gets your tier 2 visa then you will be subject to tier 2 route and can cancel/defer/continue your existing university course.

[cee14]

Thank you so much Sheraz7. Finally one more question what do you think about the best safe date for Tier-4 visa application submission? Employment end date 15th Nov 2013 and Course start date is 24 Jan 2014. Current Tier-2 visa valid until Oct 2014 which I assume will be now curtailed (I know 60 days curtailment criteria from ukba decision date but do not want any risk of overstaying as not received any letter from ukba till date).
Please also let me know if there is a rule of sending my Tier-4 visa within 28 days of employment end date (I think it should be at least 60 days from employment end date)
Looking forward for your reply and once again thanks to you

[sheraz7]

Curtailing leave (page 48 of 59)

232. If you do not make a successful application to vary your leave and/or your sponsor within
the 60 days following curtailment, you will be subject to appropriate enforcement action.

[cee14]

Thank you Sheraz7 for your help and providing valuable information.

[cee14]

Sheraz7
Thank you for your advices and following the advices finally got my T4 visa for doctorate degree. I am going to complete 10 years in 2015 and my spouse and kids will complete 9 years 2 month in 2015 as my dependant. Our current visa is valid until 2018. Based on my reading on ukba guidance and some post from this forum, I concluded the following route to reach ILR

1) In 2015 when completed 10 years I need to submit SET(LR) application for my ILR.
2) When my ILR is successful then I need to send FLR(M) for my spouse and kids.
3) Once my spouse and kids complete 10 years in 2016, they will submit SET(LR) for their ILR
4)To keep every document ready for my ILR, I think I only need to send my all passports and current biometric for ILR. As I will send my passports to cover 10 years, I think I will not require any other documents.

Please can you guide me whether the above are the correct route for ILR or I can go some other route and your views on documents requirements for ILR please.
Thanks

[Olasunkanmi]

@ cee14, make sure you also submit your dependant visa with your ILR because once you are on ILR their present dependant visa on your tier4 stops automatically, so best option is to make sure you all submit your application together. But your dependant can also submit their application after you get your ILR but it should be immediately you receive your ILR approval as any delay might make them become an overstayer.

If I may ask, how many years did you get for your present Tier4 visa for your PHD?

[Olasunkanmi]

@ cee14, once you get your ILR in 2015, you can apply for your kids British passport immediately by naturalizing them if they were born in UK, this mean that your kids dont need to apply for ILR first if they were born in UK as they can become British citizens immediately by virtue of your settled (ILR) status.

[cee14]

Thanks Olasunkanmi
it is for 4 years
Very Good Point - My both kids were NOT born in the UK. One of kid will be 18 in November 2015 however I can apply my ILR in October 2015 and when I sent my ILR application SET (LR), I can include my dependant applications FLR(M) for my kids (as they both will be under 18 at that time) and spouse in the same envelop- Is it correct?
After approval of dependants FLR, my one kid would be over 18 so what would be the option for this kid to obtain ILR ?
Thanks

[sheraz7]

Sheraz7
Thank you for your advices and following the advices finally got my T4 visa for doctorate degree. I am going to complete 10 years in 2015 and my spouse and kids will complete 9 years 2 month in 2015 as my dependant. Our current visa is valid until 2018. Based on my reading on ukba guidance and some post from this forum, I concluded the following route to reach ILR

1) In 2015 when completed 10 years I need to submit SET(LR) application for my ILR.
2) When my ILR is successful then I need to send FLR(M) for my spouse and kids.
3) Once my spouse and kids complete 10 years in 2016, they will submit SET(LR) for their ILR
4)To keep every document ready for my ILR, I think I only need to send my all passports and current biometric for ILR. As I will send my passports to cover 10 years, I think I will not require any other documents.

Please can you guide me whether the above are the correct route for ILR or I can go some other route and your views on documents requirements for ILR please.
Thanks

I think for asking the questions about ILR and dependants then use correct forum -Indefinite leave to remain. where you will be answered with more appropriately.

[Olasunkanmi]

Thanks Olasunkanmi
it is for 4 years
Very Good Point - My both kids were NOT born in the UK. One of kid will be 18 in November 2015 however I can apply my ILR in October 2015 and when I sent my ILR application SET (LR), I can include my dependant applications FLR(M) for my kids (as they both will be under 18 at that time) and spouse in the same envelop- Is it correct?
After approval of dependants FLR, my one kid would be over 18 so what would be the option for this kid to obtain ILR ?
Thanks

Your plan is ok as your dependant will always have leave to remain at all time and they can then apply for ILR after clocking 10yrs in UK.

[cee14]

Thank you for reply and help

[Olasunkanmi]

@ cee14, try to also get other opinions on the ILR section of this forum as suggested by sheraz7.