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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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TIER 4 student visa/condition A student completed his MA

Resolved Question:

TIER 4 student visa/condition

A student completed his MA degree in March 2013. He will be awarded his degree in April 2013. His visa expiry date is 1st June 2013.

He would like to apply for a PHD starting 1st of October 2013.

Questions

1) is the 6 months gap between his study against for the student condition?

2) Is he allowed to start a new course(PHD) after 6 months of completing his previous study? Is this gap allowed?

3) Can he make an application for a study(Phd) starting in a 4 months after his visa expiry date?

Thank you in advance.
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.

Thank you for your question.

 

Why is he applying for his course in october? Can he find a course starting earlier?

 

Kind regards

Customer: replied 4 years ago.

 


Hi Dear,


 


Thank you for your reply.


 


He would like to go back to his home country to have some holiday and take care of some family business once he obtains the new visa.


 


He can find a course starting June or September. However, he does not start in June or September as he really wants to take this opportunity and go home for a few months if this is allowed.


 


Thank you in advance.


 


 


 


 


 


 


 


 


 


 


 

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

1. A student can study after 6 months, but he will not be able to leave the UK and arrive back as a continuing student. He can take 6 months out but would need to return home and then reapply for a phd.

2. When his visas expires he will have to leave the UK, he is not able to stay in the UK after his visa expires and then apply for a tier 4 visa to study phd. He must either apply for his phd before his visa expires or leave the UK after his visa expires and apply from his home country.

3. The UKBA website states the following:

If you are making a Tier 4 application from inside the UK, you can apply when your sponsor has assigned a confirmation of acceptance for studies (CAS) to you.

We suggest that, if possible, you apply during the last 3 months of your current permission to stay. When we approve your application, your new

Tier 4 sponsor (which has assigned your new CAS to you) will immediately become responsible for you.

You must apply no later than 6 months after your CAS has been assigned, or it will become invalid.

If you are already in the UK and your permission to stay expires more than 1 month before the start date of your proposed course of study, you must return overseas and apply from outside the UK. If you apply from inside the UK, we will refuse to extend your permission to stay

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/applying-inside-uk/when-to-apply/

I hope this answers your question, if so kindly rate my answer positively.

Kind regards
Customer: replied 4 years ago.

Thank you for your excellent answer.


 


Before rating your service can i just clarify the following:


 


1)If he leaves the UK before expiry date of his visa,the end of May,and make an application from abroad for his Phd starting in October or September, will his ' 'continuing student'' be broken?


 


Thank you in advance

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

Yes the reasons being is that a continuing student can not leave the uk and make an application from outside the UK. Any applications must be made from inside the UK.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
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