Tier 4 – student visa extension case Failure to Apply rule Flexibility

Real case study 17 , after such a long time !!!

The applicant previously studied for a BSc in Computer Information Systems; made a new application to extend his leave to study for BSc in Computer Networking; the “CAS” did not state that this represented educational progression or complemented a previous course of study at the same level as required by the Immigration regulations.

VERITAS found that  Evidential Flexibility could have been used in this case because, even if academic progression was not being made, the fresh course could complement the previous course of study;

After intimation, Home office then examined the case again and told the decision was based on a previous  out–of-country visa application having been made for a level 6 course and the current application was also at level 6;  examined the records and found that the previous course was actually at Level 5 and therefore the new course did constitute academic progression; 

At last agreed that Evidential Flexibility should have been used in this case and that the case would be reviewed later Applicant got visa extended and currently enjoying student life