Is it an established presence?Need help please.

[M.Nabil]

Hi,
My friend took admission into a course which lasted from august 2012 to october 2013.She has applied for visa in august 2012 and got her visa back in april 2014 ,when her course is already finished.Even though she did not get visa,but she still completed her course during that time.her new visa is only for four months from April 2014 to August 2014.

Now she is going to take admission into university.Does she has an established presence or not?

please reply, if you have any knowledge about it.
Thanks in advance.

[londonboi12]

I think she need to show full maintenance. Established precense means completing a course more then 6 months in last leave to remain.

Guruz Correct me if i am wrong?

[Greenie]

Please refer to the policy guidance

You have an established presence studying in the UK if you have current entry clearance,
leave to enter or leave to remain as a Tier 4 migrant, as a student, or as a Post-graduate
Doctor or Dentist, and on the date of your application:
• you have finished a single course that was at least six months long within your last
period of entry clearance, leave to enter or leave to remain, or
• you are applying for a continued study on a single course where you have completed
at least six months of that course; or
• you are applying for leave to remain as a Tier 4 (General) Student on the Doctorate
Extension Scheme.
You can qualify for the reduced maintenance levels whether you are applying from inside
the UK or from overseas. You cannot amalgamate two or more courses to make up the
six months study.

[M.Nabil]

Thanks Greenie and londonboi,
I have already read this policy.But is not it unfair,that she needs to show full maintenance,when it was ukba,who granted her visa for just 4 months, after her course is already being finished.And also that,during her course duration,she completed that course without having a visa and got a certificate.
Does not we have an exception?
can we explain it to Ukba?
or otherwise go to court.
Please reply.I am worried

[Kingz84]

Hi Nabil

I think what greenie put up from the ukvi shows ur friend doesnt have to show higher maintenance please read carefully as

1. She has current entry visa or leave to remain
2. She has finished a course that was 6 months long on her clearance/leave to remain

She should be fine why dont she just ask the university im sure they would tell her what she needs to show.

Thanks greenie and ldb

[Greenie]

Period of leave can include the waiting for a decision. As long as your friend made an in time application to extend her tier 4 visa this should be sufficient. As the pp said she should seek advice from immigration advisor at her uni.

[M.Nabil]

Thankyou very much greenie and kingz8.
UkVI say that
"you have finished a single course that was at least six months long within your last
period of entry clearance, leave to enter or leave to remain"

So when she will be applying,which one will be her last period of entry clearnce.They issued her a visa of four months(April 2014 to August 2014) after her course already finished.Ofcourse she can not do a course of 6 months in these four months.I assume that her visa waiting time will also be considered as part of her last entry clearnce,when she completed that course.
Correct me brothers and sisters,if wrong.
I really appreciate your help.

[londonboi12]

Its tricky,

If we see, Technically she don't had the leave in that period of study, but in the end she got the visa for previous cas issued and for previous sponsor, so she should qualified for established presence.

Ask any reputable sponsor college and lets see what they ?

[Quickreply]

Hi,
My friend took admission into a course which lasted from august 2012 to october 2013.She has applied for visa in august 2012 and got her visa back in april 2014 ,when her course is already finished.Even though she did not get visa,but she still completed her course during that time.her new visa is only for four months from April 2014 to August 2014.

Now she is going to take admission into university.Does she has an established presence or not?

please reply, if you have any knowledge about it.
Thanks in advance.

Dear, she has established presence.