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What are my chances of being granted a new Tier 4 visa?

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

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besame
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Joined: Sun Jun 07, 2015 2:24 pm

What are my chances of being granted a new Tier 4 visa?

Post by besame » Sun Jun 07, 2015 3:14 pm

Hi there, I would like to start off by explaining my history with the UK immigration.

I was granted a Tier 4 visa to study an undergraduate programme in the UK at University X. The course was from 2010-2013. However, I left after I finished my first semester. I voluntarily withdrew. I was homesick and I gave up too easily.

I was still adamant about receiving a good education at my dream country though, so I tried again but this time at another university with a different course, hoping to turn a new leaf, to study hard and actually finish this time. Hence, UKBA cancelled my first Tier 4 student visa and gave me a new one. This course at University Y was from 2011-2014. Unfortunately, I came to dislike the course and I voluntarily withdrew again after a few weeks! :( It was definitely a decision that I made out of impulse without realizing the ramifications.

Therefore, I cut all my losses and started an undergraduate degree programme back in my home country in 2012. It is a twinning programme with a university at the UK, let's call it University Z. This course is taught at my local institution and is partnered with and moderated by University Z. Hence I was hoping to complete 2 years of the degree in my home country and undertake my final year in University Z itself.

Now, I have successfully completed 2 years of this course, and as initially planned, I would resume with my final year in University Z. Everything was going fine, I was given an unconditional offer by University Z to undertake my final year with them. However, they gave me an Immigration History Form that I had to fill in before they could proceed with my application. I was very honest about my past and included my incomplete previous studies in the UK with University X and University Y. I had a feeling that this would put me at a disadvantage but I sent off this form anyway. Lo and behold, a few days later, University Z informed me that they had revoked my offer due to my two uncompleted undergraduate degrees studied in the UK. They felt that they were not in a position to sponsor me for a Tier 4 visa. They were not confident that the Home Office would accept a third attempt, or that I would even pass an interview or credibility test. They do not feel that I have made academic progress. While I understand where they are coming from (the risk of losing their license to sponsor students), don't I deserve another chance? Or even so, I do feel that they should at least issue a CAS to me and see what UKVI says, not just outright reject me before I could even make a visa application.

Regarding academic progress, I feel that my situation is in the grey area. At both times (University X and Y) I started at Year 1. This time, I am given advanced entry to start at Year 3 (Final Year). Isn't this kind of considered academic progress, despite being at undergraduate level?

I can just finish off my final year here in my home country, but I am still holding out hope to redeem myself and graduate in the UK. Sigh.

Is University Z correct about their decision? Or is there hope for me? Your opinions are greatly appreciated. Thanks for reading.

sah10406
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Joined: Sun Apr 20, 2008 10:09 am

Re: What are my chances of being granted a new Tier 4 visa?

Post by sah10406 » Sun Jun 07, 2015 8:56 pm

Whether the new course represents academic progression on your previous courses is an academic matter, not an immigration matter, and is the university's decision. They seem to have decided it is not.

While the guidance for Tier 4 sponsors, Document 2: Sponsor duties confirms at paragraph 5.23 that the Home Office accepts that academic progression can include further study at the same level, the example they give is about someone undertaking a new course, having completed the previous one:

.. academic progression may involve further study at the same level. In these cases, you must confirm that the new course complements the previous course. For example, a student may be moving from a taught master’s degree to an MBA or research-based master’s degree, or taking a course to develop a deeper specialisation in a particular field. If the course is at the same level we may request an explanation to confirm why the student has been approved by you for this course.

https://www.gov.uk/government/publicati ... -educators
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

besame
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Posts: 2
Joined: Sun Jun 07, 2015 2:24 pm

Re: What are my chances of being granted a new Tier 4 visa?

Post by besame » Wed Jun 24, 2015 3:06 pm

sah10406 wrote:Whether the new course represents academic progression on your previous courses is an academic matter, not an immigration matter, and is the university's decision. They seem to have decided it is not.

While the guidance for Tier 4 sponsors, Document 2: Sponsor duties confirms at paragraph 5.23 that the Home Office accepts that academic progression can include further study at the same level, the example they give is about someone undertaking a new course, having completed the previous one:

.. academic progression may involve further study at the same level. In these cases, you must confirm that the new course complements the previous course. For example, a student may be moving from a taught master’s degree to an MBA or research-based master’s degree, or taking a course to develop a deeper specialisation in a particular field. If the course is at the same level we may request an explanation to confirm why the student has been approved by you for this course.

https://www.gov.uk/government/publicati ... -educators
I suppose you are right. I will just finish my bachelor's degree here and come back to the UK for a Master's programme. Thanks for your reply.

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