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samira_uk · Member of Standing Joined: 05 Aug 2010 Posts: 231

Dear All,

My friend is studying Foundation. His leave is short of 10 days to sit for the last exam (these new exams added to the course recently). Then, he has to apply for an extension. For getting offer he submitted a TOEFL. Now that TOEFL is expired but the university in the new CAS for this 10 days mentioned that TOEFL as a proof of English. He told the university that the TOEFL expired but they replied him that there is no problem and he still could extend his leave as he is continuing.

I searched all the rules and guidance but I could not find anything that exempt continuing students from english language proof.

Deviser · Senior Member Joined: 13 Oct 2011 Posts: 479

There is no concept of continuing student can exempt from English test or apply with an expired test.

houman_uk · Junior Member Joined: 08 Aug 2012 Posts: 11

I dont think that the university is correct as well.

samira_uk · Member of Standing Joined: 05 Aug 2010 Posts: 231

Thank you.

I agree with you but the university insists that there will be no problem as the CAS will not be issued for a new course only for an extra exam and this makes me doubtful.

Deviser · Senior Member Joined: 13 Oct 2011 Posts: 479

University will not issue you visa. It's UKBA who will issue you visa and you have to follow UKBA guidance and rules in this regard.

samira_uk · Member of Standing Joined: 05 Aug 2010 Posts: 231

Thank you.
My friends' adviser asked clarification from Tier 4 sponsor and they suddenly understood that the CAS issued wrongly and revoked the CAS!!!

Now, my friends has only three days left in his visa and he does not have enough time and he wants to do the exams to get his qualification.

He does not want to come back to his country as he cannot do the exam.

what options does he have:
1-One idea is that he applies in time with invalid CAS. As the processing of application takes a long time, he has enough time to do the exams and buy time for his new and fresh application

2-University advises him to stay beyond the visa expiry and then do the exam and then apply for new Bachelor course (which university could waive the English requirement).

Do you think any of these options are viable?

Thanks again

Deviser · Senior Member Joined: 13 Oct 2011 Posts: 479

Any of this kind of idea will destroy applicant's immigration history. So don't play with immigration laws and make your life complicated.

samira_uk · Member of Standing Joined: 05 Aug 2010 Posts: 231

Thank you

My friend is so mad at his adviser but his adviser says that he should check it first with sponsor before proceeding anymore and it is the sponsor's mistake that did not let him know in time about sitting a new English test.

He is mad because he said if the adviser did not ask the university about this matter he would apply and buy time and then applied for a variation. But the adviser said that even in that case UKBA might refuse his application and even the variation and he was suspect of abusing the rules to apply for leave.