Study without a Visa

[afairbairn]

Please excuse me if this post is in the wrong place, I was not quite sure where it fit.

I am currently in the UK and have been since July. I am a U.S. citizen and entered the UK with my wife who is a German citizen exercising her treaty rights.

I have an unconditional offer at a University here, and ignorantly, assumed that I could start without a Visa due to my wife being an EU citizen. I now find, one week prior to the start of courses, that I am unable to register for classes because I do not have any sort of visa.

The international student assistance office recommended that I apply for an EEA (FM) residence permit. I have done so and it arrived at the Home Office today.

I have essentially two questions.

First, is there any possibility that I can study without any visa etc.? I have looked for any law, regulation, loophole etc, but have been unable to find anything.

Second, I, as stated above, applied for an EEA (FM) residence permit, however the processing time is 6 months. I anticipate receiving a COA in the next week, hopefully not longer. Is it possible to study if I just have a COA, with right to work or otherwise?

If I should provide any more information I would be happy to do so.

Thank you in advance for your assistance and suggestions,
Andrew

*I forgot to mention we moved from Germany, and I possess a valid German residence permit.

[noajthan]

Please excuse me if this post is in the wrong place, I was not quite sure where it fit.

I am currently in the UK and have been since July. I am a U.S. citizen and entered the UK with my wife who is a German citizen exercising her treaty rights.

I have an unconditional offer at a University here, and ignorantly, assumed that I could start without a Visa due to my wife being an EU citizen. I now find, one week prior to the start of courses, that I am unable to register for classes because I do not have any sort of visa.

The international student assistance office recommended that I apply for an EEA (FM) residence permit. I have done so and it arrived at the Home Office today.

I have essentially two questions.

First, is there any possibility that I can study without any visa etc.? I have looked for any law, regulation, loophole etc, but have been unable to find anything.

Second, I, as stated above, applied for an EEA (FM) residence permit, however the processing time is 6 months. I anticipate receiving a COA in the next week, hopefully not longer. Is it possible to study if I just have a COA, with right to work or otherwise?

If I should provide any more information I would be happy to do so.

Thank you in advance for your assistance and suggestions,
Andrew

*I forgot to mention we moved from Germany, and I possess a valid German residence permit.

As a non-EEA national if you were on your own you would need a Tier 4 visa to study.

As the dependent family member of an EEA national I understand you just need a RC to prove your status & you are free to study.

Note a RC is not a visa. It merely helps to confirm your status in UK ie as family member of an EEA national.
So in a sense it is visa-free study.

This assumes spouse is exercising treaty rights as a qualified person in UK (eg as a worker) - & you say your spouse is.

You mention you have a German-issued RC.
So I believe you may be good to go as surely that German RC helps confirm your status too.

Suggest you go back to student support/enrolment office & dig into that question.
Hopefully the German RC plus the coming COA together may (hopefully) be enough to get you enrolled & started.

There are also implications here for student finance...

If you meet all the requirements of one or more of the following categories, you will be entitled to some level, and amount, of Student Support (if you wish to):
http://www.ukcisa.org.uk/International- ... and-family

See also http://www.nus.org.uk/en/advice/money-a ... in-the-uk/

Good luck.

[noajthan]

PS Very important

If you wish your time in UK to count towards acquiring PR then you need to make sure you have CSI in place.
This catches a lot of people out

Otherwise your PR clock will not be considered to be running & your time spent in studies (in UK) will not be counted.
If you were from EEA you could start by using an EHIC card but as an American you will have to shoot for a CSI policy.

[noajthan]

PS Very important

If you wish your time in UK to count towards acquiring PR then you need to make sure you have CSI in place.
This catches a lot of people out

Otherwise your PR clock will not be considered to be running & your time spent in studies (in UK) will not be counted.
If you were from EEA you could start by using an EHIC card but as an American you will have to shoot for a CSI policy.

To clarify CSI = comprehensive sickness insurance.

And it depends what your spouse is doing - if a student (or self-sufficient person) both she & you will need CSI in place.
If a worker (or other category) you should be in the clear.

[afairbairn]

noajthan,

Thank you for the response. I have been going back and forth with the Uni for about three weeks now about the whole situation. Unfortunately it was not until last Friday that they told me I need to get the EEA (FM) RC.

The last communication I had with the international student people at the uni was about if I get anything from the home office if I could register. The response was, "I’m afraid the University will be unable to register you until you have been given the final decision on your application." This was before I knew what a COA was, I have been doing a lot of reading since.

Clearly if I am to, not, have to reapply to the program next year this is not a possibility. Classes start next week and processing time for the RC is 6 months.

I will continue to fight my case with them as this is a top rated uni and a graduate program. Their taking 18k from me, you would think they would be a bit more accepting.

When I have the COA in hand I will probe them further.

Thanks again for your suggestions / help.

[afairbairn]

I forgot to mention that my wife is a Jobseeker. She is in the last round of interviews for a position and it looks good. We collect no benefits from the UK and have no intent to. We do get unemployment from Germany brought over through new EU regs.

Interestingly I was denied the right to work here. Stamped in my passport at the border that I can stay for 6months and no right to work. Told by border control that I can stay as long as I want.

I could not get a National Insurance Number, and therefore could not work. Even thought they did not see my passport.

I though I could work for 3 months and once I get a COA if it allows me to work I can continue.

The whole thing is a bit odd to me. Way quicker and easier in Germany to get a RC.

[Wanderer]

I will continue to fight my case with them as this is a top rated uni and a graduate program. Their taking 18k from me, you would think they would be a bit more accepting.

Not really, they have legal obligation to ensure their students are legal and if in doubt......

[noajthan]

noajthan,

Thank you for the response. I have been going back and forth with the Uni for about three weeks now about the whole situation. Unfortunately it was not until last Friday that they told me I need to get the EEA (FM) RC.

The last communication I had with the international student people at the uni was about if I get anything from the home office if I could register. The response was, "I’m afraid the University will be unable to register you until you have been given the final decision on your application." This was before I knew what a COA was, I have been doing a lot of reading since.

Clearly if I am to, not, have to reapply to the program next year this is not a possibility. Classes start next week and processing time for the RC is 6 months.

I will continue to fight my case with them as this is a top rated uni and a graduate program. Their taking 18k from me, you would think they would be a bit more accepting.

When I have the COA in hand I will probe them further.

Thanks again for your suggestions / help.

The point is RC proves status.
You have German RC that proves you're a family member; albeit in Germany but all that has changed is location not relationship.
Try to persuade them this is EU laws at play rather than UK law.

fyi the uni will be penalised if they get it wrong which may explain their behaviour.

You should be on EEA fees too.
And afaik once you start you can't change so dont get trapped on international fees.
Again if uni want a definitive answer & won't accept COA try to use the RC you have to prove family member status.

This may be time for a quick intervention by good immigration lawyer as time is of the essence;
you obviously want to start & start on correct fees track (maybe apply for student finance on correct basis too).

[noajthan]

I forgot to mention that my wife is a Jobseeker. She is in the last round of interviews for a position and it looks good. We collect no benefits from the UK and have no intent to. We do get unemployment from Germany brought over through new EU regs.

Interestingly I was denied the right to work here. Stamped in my passport at the border that I can stay for 6months and no right to work. Told by border control that I can stay as long as I want.

I could not get a National Insurance Number, and therefore could not work. Even thought they did not see my passport.

I though I could work for 3 months and once I get a COA if it allows me to work I can continue.

The whole thing is a bit odd to me. Way quicker and easier in Germany to get a RC.

Jobseeker is legitimate way to exercise treaty rights.
Keep all records of applications, interviews, employer correspondence etc to support future application for PR cards etc.
There are rules around time permitted as a jobseeker (6 months?); hopefully it won't come to that.

[afairbairn]

The point is RC proves status.
You have German RC that proves you're a family member; albeit in Germany but all that has changed is location not relationship.
Try to persuade them this is EU laws at play rather than UK law.

fyi the uni will be penalised if they get it wrong which may explain their behaviour.

You should be on EEA fees too.
And afaik once you start you can't change so dont get trapped on international fees.
Again if uni want a definitive answer & won't accept COA try to use the RC you have to prove family member status.

This may be time for a quick intervention by good immigration lawyer as time is of the essence;
you obviously want to start & start on correct fees track (maybe apply for student finance on correct basis too).

I understand that they need to keep within the law. What EU laws are we talking here, I want to formulate a good argument for this? I have sent them copies of all my documents on a fees assessment information questionnaire and have not heard back.

I may just contact a lawyer, it is probably worth it as opposed to having to wait another year and hope they accept my application again.

Thank you.

[noajthan]

The point is RC proves status.
You have German RC that proves you're a family member; albeit in Germany but all that has changed is location not relationship.
Try to persuade them this is EU laws at play rather than UK law.

fyi the uni will be penalised if they get it wrong which may explain their behaviour.

You should be on EEA fees too.
And afaik once you start you can't change so dont get trapped on international fees.
Again if uni want a definitive answer & won't accept COA try to use the RC you have to prove family member status.

This may be time for a quick intervention by good immigration lawyer as time is of the essence;
you obviously want to start & start on correct fees track (maybe apply for student finance on correct basis too).

I understand that they need to keep within the law. What EU laws are we talking here, I want to formulate a good argument for this? I have sent them copies of all my documents on a fees assessment information questionnaire and have not heard back.

I may just contact a lawyer, it is probably worth it as opposed to having to wait another year and hope they accept my application again.

Thank you.

Suggest find out what legal standing the German RC card has in its own right & in UK.
Find out under which EU directive or regulation it was issued (or does it come under domestic German law).

Lawyer would be good investment now as, if you can put this right, you should switch to Home/EU fee rate ie 9K pa for next 3 years.

Good luck..

[ALKB]

The point is RC proves status.
You have German RC that proves you're a family member; albeit in Germany but all that has changed is location not relationship.
Try to persuade them this is EU laws at play rather than UK law.

fyi the uni will be penalised if they get it wrong which may explain their behaviour.

You should be on EEA fees too.
And afaik once you start you can't change so dont get trapped on international fees.
Again if uni want a definitive answer & won't accept COA try to use the RC you have to prove family member status.

This may be time for a quick intervention by good immigration lawyer as time is of the essence;
you obviously want to start & start on correct fees track (maybe apply for student finance on correct basis too).

I understand that they need to keep within the law. What EU laws are we talking here, I want to formulate a good argument for this? I have sent them copies of all my documents on a fees assessment information questionnaire and have not heard back.

I may just contact a lawyer, it is probably worth it as opposed to having to wait another year and hope they accept my application again.

Thank you.

It sounds like you entered the UK under the visa waiver as an American citizen rather than under EU rules as a family member of an EEA citizen.

The best thing would have been to get an EEA family permit before moving (no visa fee, processing time about 3 weeks including mailing documents back and forth) or to ask for a code 1A stamp at the border, showing your marriage certificate, etc. This gives you the right to work and study and should have been sufficient for enrolling in university while your application for a residence card is being processed.

You could possibly ask for your passport back, leave and re-enter the UK under EU rules but I doubt that this will be in time for your course to start.

By the way, have you and your wife unregistered when you left Germany? At the very latest, you need to do that once her unemployment benefits from Germany stop. Laws have changed relatively recently and as long as you are registered in Germany you have to have health insurance there. To cancel your health insurance, you need the Abmeldebescheinigung (de-registration certificate) or your health insurance will happily charge you at the highest rate until they receive that document.

[afairbairn]

The point is RC proves status.
You have German RC that proves you're a family member; albeit in Germany but all that has changed is location not relationship.
Try to persuade them this is EU laws at play rather than UK law.

fyi the uni will be penalised if they get it wrong which may explain their behaviour.

You should be on EEA fees too.
And afaik once you start you can't change so dont get trapped on international fees.
Again if uni want a definitive answer & won't accept COA try to use the RC you have to prove family member status.

This may be time for a quick intervention by good immigration lawyer as time is of the essence;
you obviously want to start & start on correct fees track (maybe apply for student finance on correct basis too).

I understand that they need to keep within the law. What EU laws are we talking here, I want to formulate a good argument for this? I have sent them copies of all my documents on a fees assessment information questionnaire and have not heard back.

I may just contact a lawyer, it is probably worth it as opposed to having to wait another year and hope they accept my application again.

Thank you.

It sounds like you entered the UK under the visa waiver as an American citizen rather than under EU rules as a family member of an EEA citizen.

The best thing would have been to get an EEA family permit before moving (no visa fee, processing time about 3 weeks including mailing documents back and forth) or to ask for a code 1A stamp at the border, showing your marriage certificate, etc. This gives you the right to work and study and should have been sufficient for enrolling in university while your application for a residence card is being processed.

You could possibly ask for your passport back, leave and re-enter the UK under EU rules but I doubt that this will be in time for your course to start.

By the way, have you and your wife unregistered when you left Germany? At the very latest, you need to do that once her unemployment benefits from Germany stop. Laws have changed relatively recently and as long as you are registered in Germany you have to have health insurance there. To cancel your health insurance, you need the Abmeldebescheinigung (de-registration certificate) or your health insurance will happily charge you at the highest rate until they receive that document.

ALKB,

I was considering the possibility of leaving and reentering. I have contacted a lawyer and am awaiting a response. We had issues at the border, initially border officers did not want to let me in. I travelled with my wife, and it was stated to them that she was exercising her treaty rights. We had to present them with marriage cert, proof of a place to live, and proof of money on bank accounts. They were making a stink about me not having anything from my university etc. I get the feeling that what they did was not in line with what they should have.

I wish I had my passport to see exactly what the stamp said in it. What I remember it was a stamp, stated I had to leave in 6months and that I had no right to work, but the officer said I do not have to leave and they can do nothing. You think they screwed me?

We are both still angemeldet in Germany and still have health insurance etc. So everything on that end is inline.

[noajthan]

...

ALKB,

I was considering the possibility of leaving and reentering. I have contacted a lawyer and am awaiting a response. We had issues at the border, initially border officers did not want to let me in. I travelled with my wife, and it was stated to them that she was exercising her treaty rights. We had to present them with marriage cert, proof of a place to live, and proof of money on bank accounts. They were making a stink about me not having anything from my university etc. I get the feeling that what they did was not in line with what they should have.

I wish I had my passport to see exactly what the stamp said in it. What I remember it was a stamp, stated I had to leave in 6months and that I had no right to work, but the officer said I do not have to leave and they can do nothing. You think they screwed me?

We are both still angemeldet in Germany and still have health insurance etc. So everything on that end is inline.

As a non-UK national and new student, did you receive any guidance or advice upfront from the University?

At the end of the day the onus is ofcourse on you as master of your own destiny;
however it is unfortunate if you were not clear well ahead of time what was needed and had to be done (bearing in mind processing times & other such practicalities by agencies such as Home Office, SFE & others).

[afairbairn]

So I have been reading about the 1A stamp and it seems that this is not what I got, but a travel stamp, which is incorrect. So can I study with a 1A stamp? I cannot seem to find this answer anywhere and the uni seems unwilling to accept anything except a residence card (not required by law as far as I can see) or a student visa.

[ALKB]

...

ALKB,

I was considering the possibility of leaving and reentering. I have contacted a lawyer and am awaiting a response. We had issues at the border, initially border officers did not want to let me in. I travelled with my wife, and it was stated to them that she was exercising her treaty rights. We had to present them with marriage cert, proof of a place to live, and proof of money on bank accounts. They were making a stink about me not having anything from my university etc. I get the feeling that what they did was not in line with what they should have.

I wish I had my passport to see exactly what the stamp said in it. What I remember it was a stamp, stated I had to leave in 6months and that I had no right to work, but the officer said I do not have to leave and they can do nothing. You think they screwed me?

We are both still angemeldet in Germany and still have health insurance etc. So everything on that end is inline.

I think you didn't receive proper guidance from your university and you didn't read up enough on what is required of you as an international student, either.

Relying on EU treaty rights when intending to do anything beyond relocating (like studying) is always a risk because your status depends on your spouse's status as a qualified person. Getting an RC simply on being a jobseeker is not the fastest way, either. Waiting for your wife to find a job and receive her first payslip before applying would make things easier.

Personally, I think the following is realistic:

Defer your entry to university for a semester and hope your RC will be processed in time or return to Germany and apply for either an EEA family permit or a student visa. EEA family permit is quicker and cheaper but you will then have to convert to an RC when back in the UK and that will again take time.

Have you asked your university whether they would accept an EEA family permit for enrollment?

[afairbairn]

As a non-UK national and new student, did you receive any guidance or advice upfront from the University?

At the end of the day the onus is ofcourse on you as master of your own destiny;
however it is unfortunate if you were not clear well ahead of time what was needed and had to be done (bearing in mind processing times & other such practicalities by agencies such as Home Office, SFE & others).

At time of application and acceptance of the offer I was just questioned about a Tier4 Student Visa. As my wife and I decided we were going to move prior to the begin of the programme I did not request needing one.

I am quite clearly at fault for not clarifying my situation prior to moving. However when it came time to register and I ran into this roadblock it took them almost 3 weeks to give me a clear answer after my probing multiple people at the university. This is time I could have used to possibly work out a better solution. If the answer is that I do need a RC, then this would not have been possible as I cannot apply for one outside the UK and it was not feasible for us to move any earlier than we did because of work, school etc.

I have just reengaged the university regarding UK and EU law when it comes to family members of EEA citizens exercising their treaty rights. When it comes to that I am within the law of both countries. Applied for a RC within 3 months, etc. etc.

This is what is stated on the EU cite:

Residence card

Your non-EU spouse, (grand)children or (grand)parents must apply for a residence document with the authorities in the new country (often the town hall or local police station) within 3 months of arriving.

Find out how to get a residence card for your non-EU family members.

Equal treatment

During their stay in your new country, your non-EU spouse, (grand)children or (grand)parents should be treated as nationals, notably as regards access to employment, pay and benefits facilitating access to work, enrolment in schools, etc.

http://europa.eu/youreurope/citizens/re ... dex_en.htm

The only thing that I can think that could burn me there is that my wife is a jobseeker and not a 'worker'.

I am awaiting a response from both the lawyer and the universities international student department of me plea.

Thank you everyone here for the assistance and suggestions so far. I will keep up to date as things progress so that if anyone else falls into a similar situation there maybe some info here to help them.

[afairbairn]

So I am still waiting on a reply from the university and a COA from my application for a RC. But I got a response from an email I sent to the EU I thought I should share. I have also forwarded a copy of it to the uni.


Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Thank you for contacting Your Europe Advice.

It appears that the institution where you wish to study is unaware of the special immigration rules that apply to EEA nationals and their family members.

As a matter of EU law, your right to live and work in the UK is not conditional upon holding a residence card or certificate of application. The rule is contained in Article 25 of Directive 2004/38 on residence rights.

This rule has also been confirmed by the EU Court of Justice. In Case C-325/09 Dias, the EU Court of Justice held that:

48 As the Court has held on numerous occasions, the right of nationals of a Member State to enter the territory of another Member State and to reside there for the purposes intended by the EC Treaty is a right conferred directly by the Treaty, or, as the case may be, by the provisions adopted for its implementation. The grant of a residence permit to a national of a Member State is to be regarded, not as a measure giving rise to rights, but as a measure by a Member State serving to prove the individual position of a national of another Member State with regard to provisions of European Union law… .

54 However, as has been pointed out in paragraphs 48 to 52 of the present judgment, the declaratory character of residence permits means that those permits merely certify that a right already exists. Consequently, just as such a declaratory character means that a citizen s residence may not be regarded as illegal, within the meaning of European Union law, solely on the ground that he does not hold a residence permit … .

Regrettably, Article 25 of Directive 2004/38 have not been implemented into UK law.

Although the Immigration (European Economic Area) Regulations 2006 do not contain any explicit provisions that transpose Article 25 of the Directive, the provision is directly effective because it places a clear and unconditional obligation on the United Kingdom and creates corresponding rights for individuals which can be invoked both before the courts and public bodies in accordance with the EU Court of Justice s ruling in Case 103/88 Fratelli Costanzo [1989] ECR 1839.

For the purposes of EU law, universities which are in receipt of public funds are considered public bodies as previously accepted by the EU Court of Justice. The Court has held that a University is a public institution against which the provisions of a directive capable of having direct effect may be relied on (Joined Cases C-250/09 and C-268/09 Vasil Invanov Georgieve v Tehnicheski Universitet Sofia [2010] ECR I-11883; for further authority on this point see also Case C-159/11 Azienda Sanitaria Locale di Lecce, Università del Salento v Ordine degli Ingegneri della Provincia di Lecce and Others [2012] ECR nyr, judgment of 19 December 2012).

As such, a university or other provide of higher education must be regarded as a public body which is therefore obliged to apply the provisions of the directive and refrain from applying provisions of national law which conflict with them (Case 103/88 Fratelli Costanzo SpA v Comune di Milano [1989] ECR 1861.

You mentioned that you have applied for a residence card. As a result, you should have been issued with a certificate of application within 21 days of making your application.

This certificate of application serves to prove that you have complied with immigration formalities and that your paperwork is in order. It also explicitly states that you should have a right to work. Therefore a certificate of application serves to prove your right to live and work in the UK until your residence card is issued.

We propose that you provide a copy of this certificate of application together with our advice and ask the institution to reconsider its decision.

In the event this course of action does not resolve the issue, you should feel free to contact us again for further assistance.

We hope this answers your query.

We remain at your disposal, should you require further information.

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

[noajthan]

Very informative & surely strengthens your case.
Not sure if your German RC was issued under German domestic law but it may back up this new input if Uni is shown it too.

Hopefully you can take up your place & on Home/EU fees basis.
Don't forget to sort that out too as, under SFE rules, you can't switch fees basis once you enrol/start the course.

[afairbairn]

Very informative & surely strengthens your case.
Not sure if your German RC was issued under German domestic law but it may back up this new input if Uni is shown it too.

Hopefully you can take up your place & on Home/EU fees basis.
Don't forget to sort that out too as, under SFE rules, you can't switch fees basis once you enrol/start the course.

I have every intent of getting that all worked out ahead of registering. I have also emailed BAMF, the office of migration in Germany and requested information under what laws my RC there was issued as I could not find anything elsewhere. Still waiting to hear from them.

[ALKB]

Very informative & surely strengthens your case.
Not sure if your German RC was issued under German domestic law but it may back up this new input if Uni is shown it too.

Hopefully you can take up your place & on Home/EU fees basis.
Don't forget to sort that out too as, under SFE rules, you can't switch fees basis once you enrol/start the course.

I have every intent of getting that all worked out ahead of registering. I have also emailed BAMF, the office of migration in Germany and requested information under what laws my RC there was issued as I could not find anything elsewhere. Still waiting to hear from them.

As your spouse is a German national, you most probably have a residence permit under domestic law (unless you and your spouse have previously lived and worked in a different EU country?).

If your biometric card says "Aufenthaltskarte" (residence card) it's under EU law. If it says "Aufenthaltstitel" (residence permit) it has been issued under German domestic law.

Both come in card form but only the EU one is actually officially called residence card.

[afairbairn]

As your spouse is a German national, you most probably have a residence permit under domestic law (unless you and your spouse have previously lived and worked in a different EU country?).

If your biometric card says "Aufenthaltskarte" (residence card) it's under EU law. If it says "Aufenthaltstitel" (residence permit) it has been issued under German domestic law.

Both come in card form but only the EU one is actually officially called residence card.

Thank you for the info! I do just have an aufenthaltstitel, and I was able to read further into everything, so it was just issued under domestic law.


I still have not heard back from the uni since my last two emails. I am going to be calling them tomorrow as I am getting quite frustrated. I will also be sending a request to the home office to send my documents back, as if the university states I can study I am sure this will be an issue.

I also still have not received a COA. They got my application on Monday and the fee was debited from my account yesterday. I hope that I get one immediately and not within the 21 days stipulated by the EU regs.

[afairbairn]

So the university finally got back to me this morning with the following email.

Details of your case have been forwarded to me as it is ultimately me who will decide whether or not you are able to register you. The advice that you have received and forwarded to us is essentially correct, and we are aware of the rights of EEA nationals and their family members. What this email does not however take into account are the requirements placed on us by the Home Office as a Tier 4 Sponsor License holder, one of the most fundamental of which is the requirement that we ensure that all of our students have valid immigration permission which allows them to study in the UK. As a the family member of an EEA national you are able to exercise your EU treaty rights and enter the UK and seek work, but the question here is how you provide evidence that you fulfil the requirements of this category. The most straightforward means of doing this is by presenting an EEA Family Permit.

In order that we can make a proper assessment of your case I would ask that you send me a copy of your passport with the stamp that you were given when you entered the UK. The email that you have forwarded mentions a certificate of application, which it seems would provide us with evidence of your entitlement to study. I will check this with the Home Office, but it may be that this will be the quickest means of providing the proof that we need to see.



It appears that this essentially comes down to me proving my right to be here. Which had they sent me the above information prior to me sending away all my documents to the Home Office this would have been an easy task. Through the stamp on my passport, which if not the correct one as I suspect, would have given me the ability to goto a border control point and get a code 1A stamp.

I have sent him copies of everything that I had, i.e. passport (not showing stamp), german rc and marriage certificate. I will be sending a letter our shortly to request my documents back from the Home Office, would anyone have an idea how long that can take? Otherwise I guess I am stuck until I get the COA and my documents back, a bit annoying as I Imagine this can take some time. On that same note, should I request a CAS be sent in the letter asking for my docs back or am I better off just waiting as it should come?

Thank you all.

[afairbairn]

I have sent him copies of everything that I had, i.e. passport (not showing stamp), german rc and marriage certificate. I will be sending a letter our shortly to request my documents back from the Home Office, would anyone have an idea how long that can take? Otherwise I guess I am stuck until I get the COA and my documents back, a bit annoying as I Imagine this can take some time. On that same note, should I request a CAS be sent in the letter asking for my docs back or am I better off just waiting as it should come?

Thank you all.

-COA not CAS......

[noajthan]

So the university finally got back to me this morning with the following email.

Details of your case have been forwarded to me ...

It appears that this essentially comes down to me proving my right to be here. Which had they sent me the above information prior to me sending away all my documents to the Home Office this would have been an easy task. Through the stamp on my passport, which if not the correct one as I suspect, would have given me the ability to goto a border control point and get a code 1A stamp.

I have sent him copies of everything that I had, i.e. passport (not showing stamp), german rc and marriage certificate. I will be sending a letter our shortly to request my documents back from the Home Office, would anyone have an idea how long that can take? Otherwise I guess I am stuck until I get the COA and my documents back, a bit annoying as I Imagine this can take some time. On that same note, should I request a CAS be sent in the letter asking for my docs back or am I better off just waiting as it should come?

Thank you all.

There have been a few high-profile scandals involving even top-ranking UK universities & the registration of foreign students in recent years.
This probably explains the clampdown & why registrars now play hard ball.

I almost envy you. This is the University of Life: demanding, rigorous, gnarly, a harsh mistress. Priceless - there has to be a thesis in all of this.

Anyway, rooting for you. keep going.