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  

INVALID APPLICATION

Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing leave is due to expire. However, it often takes the Border Agency days or weeks to look at the application, by which time the person’s existing leave has expired. As long as the application was valid, this causes few difficulties because the person’s leave is automatically extended by section 3C of the Immigration Act 1971 until the end of the application or appeal process. A serious problem arises where the Border Agency in their wisdom return the application as invalid: the person becomes an overstayer, commits a criminal offence by even remaining in the UK to re-submit the application, risks a re-entry ban and loses any right of appeal if the re-submitted application is unsuccessful.

There are many reasons why applications are declared invalid. In fact, it is quite difficult to get absolutely everything right. I once acted in a case where an application where it was declared invalid because the applicant had not entered a land line telephone number in the mandatory box. He had no landline. Applications are sometimes rejected because the photographs are too small, too smiley or too frowny. Submitting the incorrect fee (too much or too little does the trick) leads to automatic refusal, despite the difficulties calculating that fee when there are dependents involved. All of this would be good reason to hold the application and ask for further information or repayment, but it is not a good reason to criminalise the person concerned. Some might think that it makes such a mockery of the idea of criminal immigration offending that UKBA can hardly continue to go around saying that overstaying is a serious matter.

There are several cases where these issues have been canvassed. One of the most useful is that of Forrester, which I wrote about at the time. A handy little new case has just come out that may help some people: R (on the application of Kisuule) v Secretary of State for the Home Department [2011] EWHC 2966 (Admin). In this case the application was refused on the grounds that photographs were not included at all. The applicant insisted that he was very sure he had included them. The judge sided with him and held that the application had been validly made in the first place. The Border Agency will have had to pay the claimant’s costs.

These invalidity cases are a huge waste of everyone’s time and effort, they make a mockery of a criminal offence and it is high time the Border Agency reverted to the old system where leave was automatically extended for 28 days to give an opportunity to resubmit an application.

 

Tighter rules for international students (10/02/2010)

Today the UK Home Secretary Alan Johnson announced that international students who wish to study in the UK will be required to meet stricter criteria in future.

The new requirements for international students follow a review of Tier 4 of the points based system (PBS). The review looked at whether the current arrangements meet the right balance between facilitating access by genuine students and preventing abuse by economic migrants.

The new requirements are targeted and proportionate and continue to support the UK government's commitment to ensuring that the UK remains an attractive destination to legitimate international students who want to benefit from the world class education that the UK has to offer. 

The next step will be to discuss the details of the implementation of the changes with the education sector.

he Home Secretary said:

"The points based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.

"We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that."

The new requirements for adult students will include the following, and be introduced in three stages:

• raising the level for English language students coming under Tier 4 from A2 (beginner) to B2 (intermediate). The only exceptions to this will be for overseas government-sponsored English language students and students on pre-sessional English language courses as preparation for full degree courses;
• students studying below degree or foundation degree level will be restricted to working for 10 hours per week during term-time (a reduction from 20 hours), with full time employment permitted during the holidays;
• students studying on courses of six months or less will not be entitled to bring their dependants to the UK unless they qualify in their own right under one of the other PBS tiers and  
• dependants of students studying courses below degree or foundation degree level will not be permitted to take employment in the UK unless they qualify in their own right under one of the other PBS tiers.

These requirements require changes to the Immigration Rules and are expected to come into effect on 3 March 2010.

In addition:

• the government will establish a "highly trusted sponsor programme". The details of the programme will be developed with the education sector over the next couple of months. This is expected to come into effect on 6 April 2010, from which date:
• only Highly Trusted Sponsors will be able deliver NQF level 3 courses and
• only Highly Trusted Sponsors can deliver work placement courses below degree level.
• the government will also develop with partners a mandatory English language test for students coming to study below degree level which will demonstrate English language proficiency to the required standard (B1) and be officially approved by the UK Border Agency. The aim is to implement this by early Summer 2010.

Minister for Business, Innovation and Skills, Pat McFadden, said:

"Genuine international students are welcome in the UK. They make a significant contribution to the academic and cultural life of the universities and colleges where they study and bring over £5.3 billion to our economy each year. But where there is abuse it undermines the position of genuine students as much as anyone else.

"It is important that we protect the reputation and quality of our institutions by ensuring only legitimate students are able to benefit from the courses they offer. This is why we will work closely with the education sector to implement the recommendations of the review."

In addition, today the UK Border Agency published proposed new fees for immigration and nationality services which are set at or below the cost of processing. The Tier 4 visa fee will rise from £145 to £199 with effect from 6 April 2010. Although international students are being asked to pay more, they continue to pay less than it costs to process a Tier 4 visa and this is in recognition of the importance of international students to the UK.

Notes for Editors

• The Implementation Plan for Tier 4 of the PBS can be found at UKBA website.
• The Prime Minister announced the review of Tier 4 on 12 November 2009. The review was conducted by the Department for Business, Innovation and Skills and the UK Border Agency. It looked at the case for and against policy changes and specifically the potential impact of raising the minimum level of study an adult may undertake in the UK, introducing English language test for those coming to the UK to study below degree level, restricting access to vocational courses (courses with work placements) and the work entitlements of students.
• Students wishing to learn English and who are at beginner level, will still be able to come to the UK to study for a maximum of six months under the student visitor route (not Tier 4). Student visitors will be able to study English language at levels below B1 with an education provider that is accredited by a UK Border Agency-approved accreditation body.
• Current guidance for Tier 4 student visa applications is available at UKBA website.
• The UK Border Agency publishes annual entry clearance statistics in August each year.
• Visa fees are reviewed every year. They are debated in Parliament and implemented at start of the new financial year when fee guidance will be issued to customers.

Suspension of Tier 4 student application

Suspension of Tier 4 student applications in North India, Nepal and Bangladesh

31 January 2010

The UK Border Agency has announced that, from 1 February 2010, it is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres:

• North India - New Delhi, Jalandhar and Chandigarh
• Bangladesh - Dhaka, Sylhet and Chittagong
• Nepal - Kathmandu

The head of the points-based system at the UK Border Agency, Jeremy Oppenheim, said:

'The points-based system gives us the flexibility to act to maintain the integrity of the visa system, while processing legitimate applications fairly, thoroughly and as quickly as possible.

'We continually check and monitor all student applications and education providers to ensure that they meet the required standards set by the points-based system. As a result of this routine monitoring and an increase in applications, we have temporarily stopped accepting new applications from North India, Nepal and Bangladesh while we carry out an investigation to ensure they are all genuine.

'We will take tough action against those who attempt to abuse the system.'

why visa refused ?

Student VISA and visitor VISA are the categories scrutinized by the visa officers of most countries than any other visas. Due to 1000s of applications in country like US, UK, Australia, Canada, etc the visa officers may not be able to spend more time reviewing each case to make sure whether it is genuine or not. It is your responsibility to present your case for your successful VISA issuance.

We can provide some important information to minimize your VISA rejection chances. VISA refusal is not based on your document or your academic performance.


By showing lot of funds and having admission in a top ranking university will not guarantee your VISA.

THE visa officer will be able to determine your true objective by asking very few questions or by seeing your documents. Sometimes their judgment could be wrong, so you have a second chance to present your case.


 Unless you have solid explanation to support your VISA application it is highly unlikely to get the VISA approval in the second time. It is very important to analyze your previous VISA refusal before you apply again.

NO VISA NO FEES 

Immigration help for visa rejection/refusal (uk)
  

ASSOCIATES:-  LONDON:AHMEDABAD:GLASGOW

         We @ VERITAS the team advises you on all important issues related to your refusal.

We understand how difficult it is for you to come to terms with failure in case of visa rejection as it all translates into wastage of time, money and resources and shattered dreams.

 We do not compromise on time and quality and this is what makes us unique and fresh unlike UK visa consultants in Ahmedabad today. 

This way we are more versatile in their approach to a problem and can easily work their way out of difficult situations relating to your rejection applications.

 BE CLEAR!!!

 WE ACCEPTING ONLY REJECTION CASES NOT FRESH APPLICATION.

We run 100 % visa guarantee scheme. 

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VERITAS PROVIDES SERVICES FOR: 

1. UK VISA REFUSAL INTERSHIP

2. DEPENDANT REFUSAL

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4. STUDENT REFUSAL

5. TOURIS/VISITOR REFUSAL

6. BUSINESS REFUSAL 

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www.veritasglobal.blogspot.com

Immigration help for visa rejection/refusal(uk)

ASSOCIATES:- LONDON:AHMEDABAD:GLASGOWique and fresh unlike other US and UK visa consultants in Ahmedabad t.

We @ VERITAS the team advises you on all important issues related to your refusal.

We understand how difficult it is for you to come to terms with failure in case of visa rejection as it all translates into wastage of time, money and resources and shattered dreams.

We do not compromise on time and quality and this is what makes us unique and fresh unlike UK visa consultants in Ahmedabad today.

This way we are more versatile in their approach to a problem and can easily work their way out of difficult situations relating to your rejection applications.

BE CLEAR !!! WE ACCEPTING ONLY REJECTION CASES

NOT FRESH APPLICATION !!!

We run 100 % visa guarantee scheme

NO VISA NO FEES !!!

VERITAS GLOBAL PROVIDES SERVICES FOR:

1. UK VISA REFUSAL INTERSHIP
2. DEPENDANT REFUSAL
3. HSMP REFUSAL
4. STUDENT REFUSAL
5. TOURIS/VISITOR REFUSAL
6. BUSINESS REFUSAL

CALL US 079-65498941

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TIME 10 TO 5

APPOINTMENT COMPULSORY

what is CIBIL

What is CIBIL (Credit Bureau) and why is it so important today?
Most customers in India, who have Credit Cards and Personal Loans are unaware of the existence of CIBIL (Credit Information Bureau (India) Ltd.) which will definitely play a very important role in their financial planning in future.
Take for example case of Mr.Tomar who dropped his Credit Card Cheque on the Payment Due Date in the Skypak Dropbox. However, for some reason the payment got updated against his Credit Card a day late and he got levied a hefty late Payment Fee of Rs.300 in addition to service tax. Not someone to be taken for a ride he called the bank and registered a complaint for reversal.
Most Credit Card Issuers get several such reversals every month amounting to Crores of rupees. Based on some internal thumb rules, they reverse out some charges and decline other reversals. (I would like to highlight the policy adopted by HDFC and Deutsche Bank where they give the customer the benefit of doubt and confirm the reversal on the call itself – the first complaint on reversals is always resolved in the customers favour) Very often it is very difficult for the bank to judge if the customer is telling the truth or there has been some inefficiency at the cheque pickup agency. Mr.Tomars request was declined and he did not get the reversal. His next recourse was to write to the Head Service department in the bank and after 30 days write to the Banking Ombudsman. I completely agree with him.
However what Mr.Tomar does not realize is that in the intervening period his other statement has already got generated and as his complaint has not got resolved he has not paid the Rs.300 late payment Charge he has been levied. As a result in the following month he gets reported to CIBIL as a defaulter who has not paid his Credit Card Minimum Amount Due. Two more statements get generated and now the amount with Interest and service tax has inflated to Rs.600. He has been reported to CIBIL thrice for not paying his Minimum Due – the impact of which is as follows.
Next time Mr. Tomar applies for a Credit Card or a Personal Loan which he desperately requires, the changes of it getting declined are extremely high.
Why does this happen?
1. Every bank before giving you a Credit Card or Loan will check your CIBIL Record
2. The CBIL Record gives the performance of the current Cards and Loans that you hold
3. The following can ruin your CBIL record completely
a. Not paying your EMI / Credit card Minimum Due every month
b. Not paying the dues for a longer period of time
4. Every time you do not Pay your Credit Card or Personal Loan outstanding the CIBIL score dips further and the amount of outstanding and the number of days outstanding is visible to other banks as well
In the current scenario banks will think a million times before giving credit to a customer who has a bad record on CIBIL. If you have a bad record on 2 or more relationships or have not paid your Credit Card Outstanding for 6 months (write-off case) then please forget about it. This will definitely impact you as more and more banks start using CIBIL, which eventually may be used for Pre Employment checks, Utility Payment checks as well. The day when the interest rate given to you depends on your CIBIL score is also not very far away.
Please keep the following in mind!
1. Whatever happens, try to be regular with your payments
2. If you have a dispute on the Credit Cards, you can take up the issue, but please continue to pay your Minimum Amount Due every month. You can ask for the subsequent reversal later.
3. Head Service Departments as well Banking Ombudsman are useful authorities and my experience with them has been great, they do take fair decisions – so pursue your case with them while you continue to make the Minimum Payments to keep your Records from going to CIBIL
4. It is not worthwhile ruining your CIBIL record for a few hundred rupees of Late Payment Fee. Do realize that the bank does not care about the consequences of passing your records to CIBIL – it is only a file upload for them. You should definitely fight your case – but do not hurt yourself.
I think my details have already been reported in CIBIL. What do I do?
You can be reported to CIBIL because of 3 reasons
1. You have not paid your dues – You definitely need to be reported. Once you pay your dues over a period of 24 months your score will improve provided you start making regular payments again.
2. Erroneous updation by bank – Due to an error at the banks end due to inefficiencies in their Cheque Pickup agencies etc. they may not receive the payments in time and they incorrectly report your details to CIBIL, then they initiate the process to delete the name from CIBIL or sometimes the customer finds out when the application gets declined and needs to rush bank to the bank to get the record rectified
3. If you are currently in a dispute with the bank (especially payment not received etc) – I would suggest you settle it quickly and as a pre condition as for settlement, ask the bank to delete the reporting they have done to CIBIL.
Remember that your CIBIL score will improve over time once you start making regular payments. So do not worry, if your record is bad and CIBIL score is low, just continue making your Loan and Credit Card payments on time and it will pickup.
Personally, the biggest problem I have with the CIBIL system is that Customers cannot view this data and point out any incorrect reporting. Due to deficiencies and inefficiencies in bank there are several incorrect uploads on CIBIL and these uploads affect the customer’s Credit Record in a big way. There is no way the customers can get to know of these goof ups and rectify the same. They will get a rude shock one day when they go to seek Credit. This is a broader consumer battle that we will need to fight.

UK VISA REJECCTION !!!

Immigration help for visa rejection uk

We understand how difficult it is for students to come to terms with failure in case of visa rejection as it we understand how it is difficult for sand this is what makes us unique and fresh unlike other US and UK visa consultants in Ahmedabad today.

We @ veritas the team advises you on all important issues related to your immigration application. He also represents your case in the court of law. When you take a decision to immigrate to another country, you first have to see if you fit in the environment of that country or not. You also have to see if you have the requisite qualification to become a citizen of that country.

Handling Issues

We assists you in handling all these issues and more and takes you step by step through all the lengthy and time consuming process of immigration. Besides migration issues also informs you of your rights, duties and obligations which you must follow during you stay at your new residence.

Application Assistance

We will help you in filing migration documents according to your visa category. like tourist visa , student visa , visitor visa, spouse or dependent visa and to travel to visit someone living in UK. You can also file for permanent residence visa if you have employment in UK.

This way we are more versatile in their approach to a problem and can easily work their way out of difficult situations relating to your rejection applications.

We understand how difficult it is for you to come to terms with failure in case of visa rejection as it all translates into wastage of time, money and resources and shattered dreams. We @ VERITAS THE TEAM ensures our first try is your only successful try and enables you to be prepared with confidence. We conduct mock visa interview which makes you prepare for such type of grilling experiences. At VERITAS THE TEAM we prepare students to communicate well in English (spoken and written), confidence building workshops and how to present themselves well for the visa interview. We do not compromise on time and quality and this is what makes us unique and fresh unlike UK visa consultants in Ahmedabad today.

TAKE OUR SERVISES FOR VISA REJECTION AND SEE HOW IT ROCKS!!!!!


vijayrlodha@yahoo.com
079-65498941
09687967770




ahmedabad(Gujarat) INDIA

visa purpose documents

Veritas global

We providing following services FOR VISA PURPOSE

INTERNATIONAL DRIVING LECENSE

MERIAGE CERITFICATE

POLICE CLEARING CERTIFICATE

COLLEGE DEGREE CERTIFICATE

MARKSHEET VERIFACTION LETTER

COLLEGE TRANSCRIPT

BIRTH CERTIFAICATE

AFFIDAVIT NOTRY

IMMIGRATION NOTE CHECK REQUIRMENT(INCR)

IMMGRATION CLEARANCE CERTIFICATE

PROMPT SERVICES AND DOOR STEP SERVICES

OUR MAN WILL COME AT YOUR DOOR TO SOLVE THE THINGS.

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VISIT MUST BE TAKEN BY PRIOR APPPINTMENT PLEASE

IMMIGRATION TIER 1 (HSMP) / Immigration Point Based System (PBS) – Tier 1 General (HSMP) HSMP Forum Judicial Review: Settlement (20.05.2009) Judicial Review – Home office Policy for Highly Skilled Migrants (10.07.2008) The TIER 1 (Point Based System) has already been launched and is currently active. This has affected a large number of applicants who wish to apply for Highly skilled migrant programme (Tier 1 General), Business person visa (Tier 1 Entrepreneur), Investor visa (Tier 1 Investor) and Post study work visa. We will now discuss each of the TIER 1 categories separately to have full understanding on the subject TIER 1 (General) TIER 1 (Entrepreneur) TIER 1 (Investor) TIER 1 (Post study work) Tier 1 (General) The applicants are required to score at least 95 points in total to successfully apply for the required visa and they can claim following points under the various heads: A. Scoring Sections I Attributes Initial Application The applicant has to score 75 points under this section that can be claimed in the following manner: By completing a Qualifying MBA under the Transitional Arrangements: 75 points (max.) or Qualifications (35 – 50 Points) Previous Earnings: (15 – 45 points) UK experience (5 Points max.) Age: (5-20 points) The applicant must claim 75 points either by doing a qualifying MBA under Transitional arrangements or a total of 75 points using any or all of the options given above. Qualifying MBA: Applicants who have enrolled on an eligible MBA programme before 30 June 2008 and have completed the MBA within the 12 months prior to making his / her application may claim 75 points for “Attributes”. In this case, they do not require scoring points under any of the above sub sections. Qualifications (from 01.04.2009): An applicant having a Masters degree will be able to claim 35 points or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section. Past Earnings (from 01.04.2009): Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The UKBA has now given a single list of earning levels that will enable the applicants to claim points according to the level of earnings instead of making different income bands for different set of countries. However, uplift multiples are available to enable the overseas applicants multiply their overseas earnings to assess the number of points they can get under this section. The applicants can get 15 points for having earnings of above £20K and 45 points for having earnings more than £40K in the 12 months out of last 15 months. There is an exception for those who have been on full time study or were on maternity or adoption – related absence; they can earnings earned in the 12 months out of last 15 months, immediately before commencing their full time studies or going on maternity or adoption – related leave. UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK. Age: The maximum one can get is 20 points for being under 28 years of age while the minimum is 0 for being 32 or over. The applicants of age 28-29 can get 10 points while applicants of age 30-31 can only get 5 points. Extension Application The applicant has to re-qualify under the point based system and score 75 points that can be claimed in the following manner: Qualifications (30 – 50 Points) Previous Earnings: (5 – 45 points) UK experience (5 Points max.) Age: (5-20 points) Qualifying MBA: Thos applicants who got their previous grant of leave on the basis of having completed a qualifying MBA must have to claim a total of 75 points under the sections mentioned above. They will not be given 75 points automatically as he got in their first application. Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points, or 35 points for having a Masters degree or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section. Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The applicants will be able to use their earnings in the UK and also their income from overseas. But they will not be allowed to use multiples in extension applications. The applicants can get 5 points for having earnings of above £16K and 45 points for having earnings more than £40K in the 12 months out of last 15 months. There is an exception for those who have been on full time study or were on maternity or adoption – related absence; they can earnings earned in the 12 months out of last 15 months, immediately before commencing their full time studies or going on maternity or adoption – related leave. UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK. Age: The maximum one can get is 20 points for being under 31 years of age while the minimum is 0 for being over 34 years of age. The applicants of age 31-32 can get 10 points while applicants of age 33-34 can only get 5 points. The applicant can only claim a total of 75 points if he can provide the relevant documentary evidences and claim points under any of the sub sections mentioned above. II English Language For Tier 1 (General), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways: By being a national of one of the English speaking countries i.e. USA , Australia , Canada etc. By having a degree level qualification from an English speaking country By having passed an English language Test (IELTS: 6.5) This will give 10 points to the applicant. Exemptions. Following persons however will automatically be given 10 points under this section: The one who has got leave to remain / entry clearance under Tier 1 (General) or Tier 1 (Entrepreneur) and is seeking extension of leave to remain. The one who has got leave to remain / entry clearance under HSMP after 05th of Dec. 2006 and is seeking to switch to Tier 1 (General). III Maintenance The applicant need to score 10 points under this section by providing evidences confirming that he has got sufficient amount of money for the maintenance and accommodation of himself and any of his dependants. He has to provide evidences that he has maintained a specific amount of money for at least 3 months prior to making the application (initial or extension). The applicant must provide evidences that he has got access to following amounts of money to make the visa application for himself and / or for his family members: £2800, if the applicant is making an entry clearance application from outside the UK £800 if the applicant is making an in-country application either to extend his existing visa or an initial application while remaining in the UK. £1600 for each family member, in addition to the £2800 for his own, if he is being accompanied by his family members and all of them are making entry clearance applications from the relevant British Diplomatic posts £1600 for each family member, if he is in the UK for less than 12 months and his family members are making an application from overseas £533 for each family member, if the main applicant has been residing in the UK for more than 12 months Please note that the funds for the maintenance of the family members can be available in the main applicant`s name or the dependant`s name. This is a very strict requirement and the application will likely to be refused even if the balance falls down the required threshold at any stage in the last three months. There are no exemptions of this requirement. B. Duration of Tier 1 (General) The first time applicants will be given 3 years visa whether they apply for entry clearance or switch from another immigration category. Those who are already on Tier 1 (General) will get extension for 2 years to enable them complete five years residence in the UK and apply for ILR. C. Work Allowed Applicants having leave to remain or leave to enter under the Tier 1 (General) will be allowed to take any employment or engage in self employment activities or work in a combination of both. The dependants will also be enjoying full rights to work in the UK similar to the main applicant. The only restriction that they will have is that they will not be allowed to work as a Training doctor. D. Switching Rules Into Tier 1 (General): Following persons will be able to switch into Tier 1 (General): A highly skilled migrant A Tier 1 (Entrepreneur) migrant A Tier 1 (Post – Study) migrant A Tier 1 (Investor) migrant A participant in the FT: WISS A participant in the IGS A Business Person An Innovator A student A student nurse A student re-sitting an examination A student writing up a thesis A post graduate doctor or dentist A work permit holder A self employed Lawyer A writer, composer or Artist Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (General) while remaining in the UK , unless there are truly compassionate circumstances. E. Settlement Prospects Although the persons on above mentioned visas are allowed to switch to Tier 1 (General) visa, only following will be able to use time spent on their previous visas towards 5 years residence criteria for ILR. Highly Skilled migrant programme participant Work permit holder Innovator Self employed lawyer Writer , Composer or Artist It means that if a Tier 1 (Entrepreneur) migrant having already spent 2 years on that visa, switches to Tier 1 (General) category, will lose that 2 years time for settlement purposes and have to complete 5 years on Tier 1 (General) to become eligible for permanent settlement. Those who have completed a total of five years in a combination of any of the above mentioned immigration categories will be able to apply for Indefinite leave to remain one month before completing their five years. F. Administrative Review (Entry clearance applications only) If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request. It is therefore strongly advised to take professional help while making grounds for making review request. G. Appeals (In country Applications only) The applicants whose Tier 1 application is refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision. It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA. H. What services we can offer? We can advise on the procedure, requirements and merits of making an application to the home office / British Diplomatic post. We can provide assistance in completing the application forms and advise on the list of required documents. We can advise and represent our clients in making representations in support of their immigration matters. We can advise and represent our clients’ dependant to seek dependant visas in line with the visa of the main applicant. We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason. We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK . Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.

new rules for uk immgration tier 4

IMMIGRATION TIER 4 / Immigration Tier 4 (Students) This category includes two sub-categories: General Student – for those who are coming to the United Kingdom for the post-16 education; Child Student – for children between 4 and 17 years old coming to the UK for their education to study at independent schools. Students of 16 or 17 years old should agree with the chosen educational establishment either to apply for General Student or Child Student visa. It depends on the course level. If the course is considered as NQF Level 3 or above, the educational provider should advise a student on the applicable sub-category. Those studying for an English language qualification at CEFR Level A2 or above must apply as a General Student. Educational provider means any educational establishment in the UK that is approved by UKBA and has been given a licence to bring overseas students to the United Kingdom under Tier 4 of PBS. Scoring Sections - Attributes The applicant should successfully claim 40 points in total i.e.: 30 points – for being accepted at a course (at an acceptable level) by an approved education provider (also known as sponsor). Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study. 10 points – for having enough money to cover your course fees and monthly living costs (also known as maintenance or funds). You must show that you have held the money for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application. Visa Letter Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study. The visa letter must be issued no more than six months before you apply. The applications where the visa letters are older than six months will be refused. Having a visa letter does not guarantee the application will be successful. The applicant must meet all the requirements of the category and any other requirements of the immigration rules. Maintenance or Funds The money you need to show covers your course fees for your first year of study and living costs for up to a maximum of nine months. The amount you will need depends on whether you are applying as a child or adult and also whether you will be studying in or out of London. You must show that you have held the money for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application. Transitional arrangements will apply for those who apply for Tier 4 visa before 1 June 2009. The applicant will only need to show proof of availability of the required funds on the day of application. If you are using overseas currency, you must clearly mention the exchange rate applied and money in GBP. Your study is in London if the majority of your study (more than 50% of your study time) will be in any of the following London boroughs: Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster. If you are not studying in any of these boroughs, you will be considered as studying outside London. The address given in your visa letter will be used as proof of your main study site. You must show the following amount of money to meet basic living costs (not including fees): £800 per month if you are living in London; £600 per month if you are living outside London. You can prove you have the money if you have: cash in an account in your name (this includes joint accounts with your name); or a loan in your name; or official financial or government sponsorship. Child students can use an account in their parent or legal guardian’s name. If you have already paid some of your fees or accommodation before applying for your visa, this amount will be taken away from the total amount of money you need to show. For accommodation, this only applies if you are staying in university or college arranged accommodation. Dependants Any partners or children who want to come to the United Kingdom with you must also have documentary proof that they have enough money to support themselves. Child students are not allowed to bring partners to the United Kingdom with them as dependants. Anyone who has any children under the age of 18 who are living with them or who they are financially responsible for, is not able to come to the United Kingdom as a child student. Additional documents and proof for students under 18 years old All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care while in the United Kingdom, before permission to enter or stay will be given. Extra studies As a child or adult student, you are allowed to do extra courses, for example, evening courses or other course relevant or irrelevant to your main course of studies. You do not need permission from UKBA to do extra studies, and you do not need to tell your approved education provider. But you must make sure that the extra course does not get in the way of the course that you have permission to stay for. Switching Rules You can switch in to the adult student category if you have, or were last given, permission to stay in the following categories: skilled worker (Tier 2 General) intra-company transfer (Tier 2) minister of religion (Tier 2) child student (Tier 4) prospective student student student re-sitting an examination student nurses students writing up a thesis Student Union sabbatical officer work permit holder a postgraduate doctor or dentist participant in the SEGS participant in the IGS participant in the FT: WISS Extension of staying You can apply to extend your permission to stay while you are in the United Kingdom, or you can apply to extend your permission from outside the United Kingdom. You may need a lower amount of money for your living costs. The money you need to apply for a further course of study or to complete an existing course of study will depend on the length of your course and where you will study. This applies if you have undertaken a course of study in the United Kingdom in the last four months before you apply, and the course of study was six months or more, and you wish to apply for a further course of study or to complete an existing course of study. Appeals (In country Applications only) If your application for permission to stay is refused, you may be able to appeal. Details on how and if you can appeal will be included with your reasons for refusal letter. It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA. Administrative Review (Entry clearance applications only) If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request. It is therefore strongly advised to take professional help while making grounds for making review request. What services we can offer? We can advise on the procedure of getting sponsor license for educational providers. We can find a proper educational establishment for your education. We can arrange an interview and testing at the selected educational establishment(s). We can carry out the enrolment procedure. We can advise on the law, procedure, requirements and merits of making an application to the home office / British Diplomatic post. We can provide assistance in completing the application forms. We can advise and represent our clients in making representations in support of their immigration matters. We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant. We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s leave to remain or entry clearance application is turned down for some reason. Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.