Tier 5 (YMS) to Tier 4 (General)

[omarmansour]

Hello,

I am a Canadian citizen living in the UK on a Tier 5 YMS that is been extended till 31st August as per the most recent UKVI COVID-19 page. I have also been offered a PhD scholarship with a start date of 1 October 2020. Now, it is my understanding that due to the current situation, I will able to switch inside the UK where it was usually not permitted.

My question is: does my course need to start within 28 days of the expiry of my current leave (31 August)? Or does this only apply to existing Tier 4 visa holders? The switch to UKVI Tier 4 page mentions this "When to apply
You must apply:

within 6 months of getting a confirmation of acceptance for studies (CAS)
before your current visa expires - but no more than 3 months before the course start date on your CAS
You can stay in the UK until you get your decision."

However, many university websites and posts on this forum mention that the start date has to be within 28 days of the expiry of my current leave.

If anyone can offer help from previous experience or knowledge, that will be really appreciated !

Thanks !

[sah10406]

My question is: does my course need to start within 28 days of the expiry of my current leave (31 August)? Or does this only apply to existing Tier 4 visa holders?

There is specific guidance for Tier 4 applicants and sponsors about the concession:

https://www.gov.uk/government/publicati ... m-students

Paragraph 3.7 says that it is only for those who already have Tier 4 leave and who are extending it:

Students must normally apply to study on a course that commences no more than 28 days after their current leave expires, but we will exercise discretion on this requirement if the start date of the new course named on the CAS is no later than 31 December 2020. This concession applies to students who already hold Tier 4 leave.

From my understanding, this means you are expected to leave the UK on or before 31 August and apply for Tier 4 entry clearance in your home country. If you cannot leave, you can apply for "exceptional assurance" that your overstay will not be held against you in future applications. See the general guidance at https://www.gov.uk/guidance/coronavirus ... -residents

I would recommend contacting your university for individual advice about this.

[omarmansour]

Thanks for the reply. I see what you mean, I will get in touch with the university and see what they say. Thanks again !

[sah10406]

UKCISA, the UK Council for International student Affairs, has updated their guidance today on this very matter, and they don't think the government guidance is as restrictive as it sounds, just worded sloppily. I would bow to their expertise.

See https://www.ukcisa.org.uk/Information-- ... layer-6726 > Applying in the UK under Tier 4 when this is not usually possible:

The requirement to have a gap of no more than 28 days between the end of your immigration permission and the course start date on your CAS does not apply to you if your course start date is 31 December 2020 or earlier. The guidance previously stated that this exception applies to all Tier 4 applicants. Now it says it applies to students who already hold Tier 4 leave, but this does not necessarily mean it no longer applies to others. This is because it does not say that it only applies to Tier 4 students and does not explicitly exclude other applicants. The table at the start of the guidance explaining changes from the previous version states that the "concession regarding the period during which a new course must commence after the expiry of current leave has been extended until 31 December" with no reference to the immigration status of applicants, which suggests that the concession remains available to all Tier 4 applicants.