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Returning to UK after graduation - maximising entry chances

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Matteo2000
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Posts: 2
Joined: Fri Sep 04, 2015 8:41 pm

Returning to UK after graduation - maximising entry chances

Post by Matteo2000 » Sat Sep 05, 2015 11:10 am

My wife has been in the UK studying with a Tier 4 visa. Naively she just went back to the US for 10 days for a holiday and it's only now that we've realised that there is a chance she won't be permitted back in to the country on her student visa due to the border officials citing a change in circumstances.

Although she has graduated there are various student related things she is still doing before her visa expires:
- volunteer work at her uni;
- continuing to work on her dissertation project using university facilities;
- potentially taking a short course at her university in a related subject to her degree.

My questions are:
1. Would evidence of any of these things (e.g. letters from tutors) help her chances?
2. Would any other evidence assist her (like having flights booked back to the US before her visa expires or bank statements to show funds)?
3. Would pro-actively mentioning that she's married to a UK national and/or that she had a conditional job offer (on the basis of being able to switch to a FLR(M) visa in a couple of weeks) help or harm her cause? (For example generating (incorrect) suspicion that she would not leave if she isn't able to get another visa.)
4. Can anyone give me an idea of the percentage of people who are not permitted into the country in these circumstances and for what reasons? (I know of people who have been fine but heard stories of people who have not.)

I'm also interested in information on getting entry clearance on the basis of being married to a UK national - specifically: what documents are required and how long it takes?

Thank you in advance; I will be incredibly grateful for any helpful information.

Matteo

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Returning to UK after graduation - maximising entry chan

Post by noajthan » Sat Sep 05, 2015 2:35 pm

Matteo2000 wrote:My wife has been in the UK studying with a Tier 4 visa. Naively she just went back to the US for 10 days for a holiday and it's only now that we've realised that there is a chance she won't be permitted back in to the country on her student visa due to the border officials citing a change in circumstances.

Although she has graduated there are various student related things she is still doing before her visa expires:
- volunteer work at her uni;
- continuing to work on her dissertation project using university facilities;
- potentially taking a short course at her university in a related subject to her degree.

My questions are:
1. Would evidence of any of these things (e.g. letters from tutors) help her chances?
2. Would any other evidence assist her (like having flights booked back to the US before her visa expires or bank statements to show funds)?
3. Would pro-actively mentioning that she's married to a UK national and/or that she had a conditional job offer (on the basis of being able to switch to a FLR(M) visa in a couple of weeks) help or harm her cause? (For example generating (incorrect) suspicion that she would not leave if she isn't able to get another visa.)
4. Can anyone give me an idea of the percentage of people who are not permitted into the country in these circumstances and for what reasons? (I know of people who have been fine but heard stories of people who have not.)

I'm also interested in information on getting entry clearance on the basis of being married to a UK national - specifically: what documents are required and how long it takes?

Thank you in advance; I will be incredibly grateful for any helpful information.

Matteo
1) Maybe.

2) Maybe.

3) No idea/no comment except maybe skating on thin ice there.

4) No idea/No comment.

Maybe you are overthinking this (& worrying unnecessarily), if the visa has an expiry date why can't it be used until it expires (?).

Lastly, re entry clearance as spouse, see https://www.gov.uk/remain-in-uk-family/overview
Not sure, in your case, if applicant has to leave UK first but if you dig into website it covers all scenarios.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Returning to UK after graduation - maximising entry chan

Post by geriatrix » Sat Sep 05, 2015 2:41 pm

See also 321(ii) or 321A(1).
Matteo2000 wrote:- continuing to work on her dissertation project using university facilities;
A letter from the institution may help because this is the only evidence that can certify that the migrant hasn't completed the course yet. Everything else has nothing to do with leave as a Tier 4 migrant, hence irrelevant.
Life isn't fair, but you can be!

Matteo2000
Newly Registered
Posts: 2
Joined: Fri Sep 04, 2015 8:41 pm

Re: Returning to UK after graduation - maximising entry chan

Post by Matteo2000 » Sat Sep 05, 2015 11:42 pm

Thank you both.

I may be worrying unnecessarily. I just feel stupid for letting her leave when there is a risk, however small.

I'm speaking to a solicitor tomorrow about entry clearance and will update here afterwards. =)

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