quantum1 wrote:14. An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, Student or as a Postgraduate Doctor or Dentist and at the date of application:
(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.
The 10 months that you were waiting on appeal should be treated as a continuation of your tier 4 visa. However, do you feel you meet the requirements of the criteria above defining established presence. You definitely do not meet criteria (i). But you have not given sufficient
detail to determine if you meet criteria (ii)
The HO obviously erred my giving me a discretionary leave, instead of a student visa, as instructed by the judge. when u have discretionary leave, u cannot switch to tier 4 or PSW, hence my going back home to apply.
During the wait for my appeal , i had leave to remain as a student, this was however broken when the HO knowingly gave me discretionary leave.
If u read my thread, my visa expired in mid feb, so i enrolled on another course - ACCA., so i dont think i meet criteria 2.
As for criteria 1, though my last entry was less than 6 months, the course i finished (an msc), was more than 6 months long. i only went back home to seek clearance to complete it.
In my opinion, i do qualify for established presence.
