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Intl. student in the UK on 4 yr course but 3 yr visa - help!

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

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tabish
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Posts: 3
Joined: Wed Feb 17, 2016 2:35 pm

Intl. student in the UK on 4 yr course but 3 yr visa - help!

Post by tabish » Wed Feb 17, 2016 3:34 pm

Hi guys, new here, felt the forums here could help me as my university immigration advisor, GOV UK telephone advisors, and everyone else I've contacted have all given me different answers.

I'm currently an international student in the UK (Tier 4). I am on a 4-year course (a "sandwich" course), which consists of 2 years of study, a year of working or studying abroad (going overseas is necessary due to the requirements of my degree), and the final year consisting of coming back to the UK to finish my studies and get my degree.

However, from all parties I've spoken to, they have confirmed that international students, on a placement degree in the UK (4 years), are only given a CAS (and hence visa) valid for 3 years. Apparently this is because the status/nature of my 4th year is never actually "confirmed" until I secure a study or work placement. Can someone confirm this? It's outrageous and a bit of a hassle as I can't GET MY DEGREE IN THE FIRST PLACE without completing all 4 years, but regardless.. I'm facing a couple of issues with obtaining visas to other countries because of this mess.

1) I am very close to confirming an internship offer in the United States - I would be going there on the J-1 (intern/exchange visitor visa) for a year, starting this summer (2016) until next summer (2017). This would be my so-called "placement" (third) year of my degree. I have been told that by the visa sponsor organization (necessary for J1 visas, atleast) that my application at the US Embassy in London would get "shut down straight away" (?! seems extreme) due to my UK visa not actually being valid anymore by the time I complete my internship (summer 2017), and hence the visa officer not being able to see any proof of me returning to the UK once I finish my work in the US. He said I couldn't even be able to convince the visa officer that I'd go back to my home country when I finish my internship because it's not a guarantee, and besides - going back to my home country is not something I even want to do. Can someone help me regarding this? And can someone please even confirm whether intl. students getting 3 year visas for a 4-year course is even normal or was there something odd with my visa?

2) After I finish my work in (whichever country I go to for my placement), I have been told by my university immigration advisor that it's absolutely no issue at all to apply for an extension for my final year from overseas (he makes it sound so easy) as I'd be classified as a 'resident' of that country (a temporary resident, atleast, as I'd be given a non-immigrant visa in whichever country I go to) and foreigners can apply for a UK visa from a third-country as long as they are residing there. Is this true and would I face much issues in this regard? It would just be an extension of my (expired) visa for one year, so I'm guessing (more like hoping) that the UK Embassy wouldn't give me too much trouble as I've already studied and lived there and I'm going back to finish an incomplete degree. Again, I'd like to imagine that I'd have any/all required documents in order at that time, such as signed/stamped original documents from my university confirming me coming back for my 4th year, etc. I'm sure there aren't too many people who'd know about this in this UK subforum but I'm really hoping a J-1 visa in the US is enough for me to apply for a 4th-year extension.

I am urgently seeking ways to speak to my university/someone who actually matters from the Home Office (not a customer service advisor!) so I can clear this up once and for all. I would ideally like to have a 4-year visa to the UK confirmed so it doesn't prove to be a hassle in my visa processes to other countries.

Sorry for the long post, but I really would appreciate any help in this regard. Thank you!

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: Intl. student in the UK on 4 yr course but 3 yr visa - h

Post by Greenie » Sat Mar 05, 2016 10:23 pm

universities have different practices in this respect which can also vary depending on whether the placement is compulsory and also whether the placement will take place within or outside the UK.

there is no rule that says that a tier 4 student one a 4 year sandwich course can only get a 3 year visa. however in practice many tier 4 sponsors will only issue a 3 year CAS and thus the home office will only issue a 3 year visa because of the fact that many students do not secure a placement and in the past this meant that students had a 4 year visa but finished the course after 3 years. however if the placement year is compulsory then it is not clear why your sponsor did not issue you a CAS for the full duration of your course. that said it is largely the University's discretion as to how they issue the CAS.

in terms of being able to get a new tier 4 visa for your final year from a third country your advisor is correct. however you will still need to prove you have adequate maintenance as there is no longer an established presence rule. the fact that you are part way through the course will clearly put you in a good position with respect to the genuine student rule however.

keysersoze22
Member
Posts: 112
Joined: Thu Aug 27, 2015 10:26 pm

Re: Intl. student in the UK on 4 yr course but 3 yr visa - h

Post by keysersoze22 » Sun Mar 06, 2016 6:01 pm

What is actually on your CAS statement?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Intl. student in the UK on 4 yr course but 3 yr visa - h

Post by sah10406 » Tue Mar 08, 2016 1:15 pm

I agree with greenie. It sounds like your CAS was issued for 3-year course by mistake. It should either have been for the full 4 years, or for the first 2 years with another separate CAS later for your final year.

Your university's international student adviser can help you ascertain if there was an error, whose error it was, and how to rectify it.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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