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Benefits/Risks while studying on Tier 1 Visa

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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CoolestGuyC
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Benefits/Risks while studying on Tier 1 Visa

Post by CoolestGuyC » Fri Jun 27, 2008 8:29 am

While replying to a post(http://www.immigrationboards.com/viewtopic.php?t=28058), this thought came to me, and I am posting here.

The question is what are the Risks/benefits if you study on Tier 1 Visa?

If you see the first paragraph in the link :
http://www.bia.homeoffice.gov.uk/workin ... sedsystem/
This section explains how you can come to the United Kingdom or remain here under Tier 1 (General) - highly skilled worker of our points-based system to work, train or study in the United Kingdom.
So this ensures us that studying while on Tier 1 visa is perfectly normal.

Requirements:
1. You have enough points for getting Tier 1 Visa.
2. You intend to do an MBA/Higher degree in UK and also work here.
Strategy:
1. Apply for Tier 1 Visa.
2. Study in first or second year.
3. (Absolutely must) Work in 3rd year before Tier 1 visa extension.

Now I can think of following Risks and Benefits for above strategy.
Advantages
1. If you want to study while on Tier 1, a lot of hassles(related to obtaining student visa) would get reduced. You don't need to show that you have obtained admission in your university, that you have loads of funds (which is sometimes 30-40 lacs for MBA degrees) for whole of next year, etc. This is because you already have Tier 1 Visa.
2. If you want to study while on Tier 1, another advantage is that your ILR clock is still clicking. This means that your time as a student (during Tier 1 visa) is valid for ILR purposes. Where as if you are on student Visa, this studying time is not considered valid for ILR.

Risk
3. You need to be very confident that you will get a job and work in 3rd year(and earn enough salary to reach threshold points). This is because you will need points from previous earnings when you extend your leave to remain as Tier 1 migrant. Otherwise you will be kicked out of UK
4. If UK government decides to make retrospective changes to Visa rules(which is not uncommon), then your leave may come in jeopardy. Right now it is not restricted to study while you are on Tier 1.
5. If you earn a degree while you are on Tier 1, this degree cannot be used to claim (5) points under "UK Experience" section for Tier 1 extension application. This means that if you work and study both during Tier 1 duration, you can claim (5) points under "UK Experience" section only for your earnings and not your degree(earned while Tier 1 visa).

Further comments/suggestions welcome.

bluespeed08
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Re: Benefits/Risks while studying on Tier 1 Visa

Post by bluespeed08 » Fri Jun 27, 2008 6:37 pm

Nice post!

I am in the same situation and would be deciding soon whether to go for student visa or Tier 1. As you mentioned, the pain in student visa is to show proof of funds (mainly in liquid asset). Do you know if it would be fine to deposit the proof amount in one go or do we have to maintain it for few months before applying?

One negative in Tier-1 is you have to shell out Rs 51,000. And same for each dependent. I checked with VFS office and they were not sure whether we can study on Tier-1 and said would get back.

Cheers!

MrBaboo
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Re: Benefits/Risks while studying on Tier 1 Visa

Post by MrBaboo » Sat Jun 28, 2008 1:52 pm

Another thing to think about is for ILR, at time of application, you need to show you have been economically active over the previous 5 years. This is normally done by way of P60s, bank statements showing income, pay slips. You won't have these for the time when you're studying.

I'm not sure how strict they are with you on gaps of economic activity (and generally speaking "economically active" can also mean "looking for work without actually finding it") but it could be hard to explain away 2 years of missing income.

I'm not suggesting the plan would necessarily not work, just that ILR may ultimately come down to the discretion of a case worker.

MrBaboo
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Re: Benefits/Risks while studying on Tier 1 Visa

Post by MrBaboo » Sat Jun 28, 2008 1:55 pm

MrBaboo wrote: I'm not suggesting the plan would necessarily not work, just that ILR may ultimately come down to the discretion of a case worker.
And it would be great if someone argued me down because I'd love to take a year or two off to study (about to renew my visa for 3 years via Tier 1 General)!

bluespeed08
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Re: Benefits/Risks while studying on Tier 1 Visa

Post by bluespeed08 » Sat Jun 28, 2008 2:53 pm

But even if we get the student visa, we would not be able to use that time period for ILR. So tier-1 still works out better and we can avoid the hassle of going from student visa to IGS to tier-1.

I believe you are currently on work permit and in that case it may be better to avoid student visa, if you plan to go for ILR in future.



MrBaboo wrote:
MrBaboo wrote: I'm not suggesting the plan would necessarily not work, just that ILR may ultimately come down to the discretion of a case worker.
And it would be great if someone argued me down because I'd love to take a year or two off to study (about to renew my visa for 3 years via Tier 1 General)!

MrBaboo
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Re: Benefits/Risks while studying on Tier 1 Visa

Post by MrBaboo » Sat Jun 28, 2008 8:01 pm

bluespeed08 wrote:But even if we get the student visa, we would not be able to use that time period for ILR. So tier-1 still works out better and we can avoid the hassle of going from student visa to IGS to tier-1.
Yes, I guess it is better in that at least you have a chance of counting your time studying towards ILR. My point is you shouldn't bank on it but I graciously concede your point.
bluespeed08 wrote: I believe you are currently on work permit and in that case it may be better to avoid student visa, if you plan to go for ILR in future.
I'm on HSMP at the moment, renewing under Tier 1.

daylebo5
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Post by daylebo5 » Sun Jun 29, 2008 11:40 am

well i too am in the same situation... dont know whether i should go to UK on Tier 1 and then study..

It sound a little risky since you have to make sure you work in the 3rd year and make enough fund..
but according to the current rules it sound doable if you plan properly...

If any one has studied (full time) on Tier 1 please share your experience...

CoolestGuyC
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Post by CoolestGuyC » Mon Jun 30, 2008 7:45 pm

Upon careful inspection of immigration rules, you can see the following paragraph:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.
Also the "study" clause is no longer present in "Tier 1 (General)" guidance notes / website.

You need to be very careful before studying on Tier 1 Visa, and any step should be taken ONLY after consulting UKBIA.

This is because at later point of time , you might be accused of breaching Immigration Rules by UKBIA when you study on Tier 1(General) Visa.

As before, take any step at your own risk and with extreme caution, and by keeping UKBIA in loop.

daylebo5
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Post by daylebo5 » Sun Jul 06, 2008 2:33 pm

any idea who we can mail about this ??
The main things is to get a proper and authoritative reply.. something we can take as final.. any ideas guys ??

justice_will_reign
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Post by justice_will_reign » Sun Jul 06, 2008 4:38 pm

daylebo5 wrote:any idea who we can mail about this ??
The main things is to get a proper and authoritative reply.. something we can take as final.. any ideas guys ??
I will say speak to an immigration lawyer for a proper advice..

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Post by geriatrix » Wed Jul 09, 2008 11:33 am

Well, the question (and response) is not exactly about "whether one can study on Tier 1", but there seems to be an important clue regarding immigration status if one is studying in UK / intending to pursue studies in UK. Please note the text in blue.
gautam_309 wrote:For a one year course, is it possible to apply in the middle of the course for this visa?

Yes it is possible to switch from Student Visa to Tier 1 (General). I am also on the same boat and i have cehcked with Home Office and they have suggested that it is mandatory to enter UK on Student Visa but after that u can convert to Tier 1, so i will suggest that you should check before appllying Tier 1 if you are planning to persue MBA in UK
I guess it will be in best interest of anyone wishing to study on Tier 1 to check with UKBA directly on the matter.

regards
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Tue Jul 15, 2008 1:12 pm

Cannot study on Tier 1 visa! :?:
12.3 - What type of entry clearance to give wrote:- 12.3.1 Mandatory entry clearance requirement for students
From 1 September 2007, it is a mandatory requirement that non-EEA nationals seeking entry to the UK for the purpose of study, obtain prior entry clearance as a student before arriving in the UK. See also Paragraph 12.25 below on the mandatory entry clearance requirement for prospective students.

The only exceptions are those who are:

* British Nationals (Overseas)
* British Overseas Territories Citizens
* British Overseas Citizens
* British Protected Persons
* British Subjects under the British Nationality Act 1981
Last edited by geriatrix on Wed Jul 23, 2008 3:06 pm, edited 1 time in total.
Life isn't fair, but you can be!

thaman
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Post by thaman » Tue Jul 15, 2008 7:41 pm

well...i think it would be a bit too risky to study on tier 1...coz if HO found out that u studied on T1 visa...u had it!!!! so y risk ur career and money which very clearly isn't right to do.....y give HO an open chance to put u in stress......just a suggestion....go the right way...u'll be much happy and have a safe journey towards ILR...

bluespeed08
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Post by bluespeed08 » Wed Jul 16, 2008 4:54 pm

Yep. Seems that is not the option. Thanks sushdmehta for the useful info.

Also, for student visa (tier 4 visa), does anyone know what is the safe figure (in pounds) to show for living expenses / maintenance etc. for each dependant? It seems it is less if the place is outside London. I checked with VFS office and they said the amount is not stated in their guidance.

Any inputs appreciated.




sushdmehta wrote:Cannot study on Tier 1 visa!
12.3 - What type of entry clearance to give wrote:- 12.3.1 Mandatory entry clearance requirement for students
From 1 September 2007, it is a mandatory requirement that non-EEA nationals seeking entry to the UK for the purpose of study, obtain prior entry clearance as a student before arriving in the UK. See also Paragraph 12.25 below on the mandatory entry clearance requirement for prospective students.

The only exceptions are those who are:

* British Nationals (Overseas)
* British Overseas Territories Citizens
* British Overseas Citizens
* British Protected Persons
* British Subjects under the British Nationality Act 1981

CoolestGuyC
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Post by CoolestGuyC » Sun Aug 10, 2008 6:39 pm

Well ok, this is an old email update from a friend(actually colleague) which i forgot to post. There is an update about doing part time study as well:

Hey xxx,
This is reply from BHC for full time/part time study on Tier 1 Visa
Reply from BHC wrote:Dear XXX,

Thank you for your email.

Paragrph 245A of the imigration Rules states, in relation to the Tier 1 (General) scheme
245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.
Therefore it is not appropriate for person intending to undertake full time education in the UK. In this case a student visa should be applied for. It may then be possible to apply for leave to remain through the Tier 1 (Post Study Work) Scheme after completion of an MBA.

There is no reason a Tier 1 (General) migrant may not undertake short or part time studies whilst working on the UK. I hope this makes things clear for you.

Yours sincerely
Visa Services
Original Email wrote:Dear Sir/Madam,

I had a few questions related to Tier1 (General) immigration.

1. When an migrant has Tier 1 (General) visa, is she allowed to study full time and/or part time? For example:
Tier 1 Visa is for 3 years.
Year 1: Study an MBA degree in UK
Year 2 and 3: Earn for two years, Third year's earning is sufficient for getting an extension.
Is above situation allowed or is it considered a violation of immigration condition?

2. When an migrant has Tier 1 (General) Visa, is she allowed to do a part time degree? For example, is she allowed to do a part time PhD? Is studying part time on Tier 1 Visa considered violation of immigration condition?

Your reply will be very much appreciated.
Best regards,

CoolestGuyC
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Post by CoolestGuyC » Sun Aug 10, 2008 6:41 pm

bluespeed08 wrote:Also, for student visa (tier 4 visa), does anyone know what is the safe figure (in pounds) to show for living expenses / maintenance etc. for each dependant?
For students: 9600 GBP + fees for first year.
For student dependents: 535 GBP per month of intended stay in uk.
Source: http://www.bia.homeoffice.gov.uk/siteco ... ctnewrules

th
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Post by th » Tue Aug 12, 2008 3:40 pm

I was working under WP in the past four years and converted to Tier-1 (General) earlier this year so will be eligible for ILR next August. Am given an opportunity for DPhil studentship starting this Oct which I am getting pay (in terms of stipend but not by working) so I am not sure if it counts as "Economically Active". Any comments?

CoolestGuyC
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Post by CoolestGuyC » Tue Aug 12, 2008 4:47 pm

th wrote:I was working under WP in the past four years and converted to Tier-1 (General) earlier this year so will be eligible for ILR next August. Am given an opportunity for DPhil studentship starting this Oct which I am getting pay (in terms of stipend but not by working) so I am not sure if it counts as "Economically Active". Any comments?
Tier 1 is meant for working in uk and Student Visa is meant for studying. There is no exception to above rule. Hence if you need to study, you need to take a student visa separately.

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