Can I leave and come back after expiration of my Tier 4 visa

I'm an international masters student. My course officially ends September 30, with graduation in July 2012. I would like to apply for my visa now, but currently don't have the funds. My visa runs out Janurary 30th 2012. HOWEVER I can come to the UK without needing a visa (for stays up to 6 months)
The CHEAPEST and probably BEST option that I see is that I go home (where I have pending employment) raise the money, then come back and apply. HOWEVER I would not have enough money to apply by Janurary 30th. Is it ok for me to return to the UK to apply inside the UK AFTER the expiration of my student visa? (Again I will be in the country legally if I return after the expiration of my student visa)

Cheers!

You can not apply to extend your leave to remain in the visitor category when you have leave as a student that is due to expire. You would have to leave the UK when your student visa expires and then attempt to re-enter as a visitor. In theory, you are permitted do that, but these decisions are very arbitrary and the ECO (or IO if you not a visa national and will be seeking entry clearance on arrival) will surely question your reason to return to the UK so soon after living there. You'll need to convince him that it's a genuine visit and offer up your reasons for that visit. Good luck

See similar discussion
http://www.immigrationboards.com/viewto ... 514#529514

uchihadaryl wrote:I'm an international masters student. My course officially ends September 30, with graduation in July 2012. I would like to apply for my visa now, but currently don't have the funds. My visa runs out Janurary 30th 2012. HOWEVER I can come to the UK without needing a visa (for stays up to 6 months)
The CHEAPEST and probably BEST option that I see is that I go home (where I have pending employment) raise the money, then come back and apply. HOWEVER I would not have enough money to apply by Janurary 30th. Is it ok for me to return to the UK to apply inside the UK AFTER the expiration of my student visa? (Again I will be in the country legally if I return after the expiration of my student visa)

Cheers!

you can't switch from leave as a visitor to psw if this is what you are asking.

Moreover, you may also be refused entry on your student visa, even if you come back before its expiration date.

vinny wrote:Moreover, you may also be refused entry on your student visa, even if you come back before its expiration date.

Vinny, I SHOULD not be refused entry, as I am legally allowed to visit the UK for up to 6 months without needing a visa. I need a student visa as I stayed in the UK for over 6 months. Unless you mean that they will cancel my student visa?

Greenie wrote:

uchihadaryl wrote:I'm an international masters student. My course officially ends September 30, with graduation in July 2012. I would like to apply for my visa now, but currently don't have the funds. My visa runs out Janurary 30th 2012. HOWEVER I can come to the UK without needing a visa (for stays up to 6 months)
The CHEAPEST and probably BEST option that I see is that I go home (where I have pending employment) raise the money, then come back and apply. HOWEVER I would not have enough money to apply by Janurary 30th. Is it ok for me to return to the UK to apply inside the UK AFTER the expiration of my student visa? (Again I will be in the country legally if I return after the expiration of my student visa)

Cheers!

you can't switch from leave as a visitor to psw if this is what you are asking.

I can't switch despite the fact that I should have up until April to apply for a PSW? I won't officially graduate for another few months as my dissertation is due at the end of this month and I won't officially know whether or not I have graduated until around the end of the year.

uchihadaryl wrote:

vinny wrote:Moreover, you may also be refused entry on your student visa, even if you come back before its expiration date.

Vinny, I SHOULD not be refused entry, as I am legally allowed to visit the UK for up to 6 months without needing a visa. I need a student visa as I stayed in the UK for over 6 months. Unless you mean that they will cancel my student visa?

Your student visa was granted in order for you to study. If you leave the UK and attempt to re-enter after the course has finished but before your student visa expires, you could be refused entry as you no longer need to enter the UK to study.

uchihadaryl wrote:

Greenie wrote:

uchihadaryl wrote:I'm an international masters student. My course officially ends September 30, with graduation in July 2012. I would like to apply for my visa now, but currently don't have the funds. My visa runs out Janurary 30th 2012. HOWEVER I can come to the UK without needing a visa (for stays up to 6 months)
The CHEAPEST and probably BEST option that I see is that I go home (where I have pending employment) raise the money, then come back and apply. HOWEVER I would not have enough money to apply by Janurary 30th. Is it ok for me to return to the UK to apply inside the UK AFTER the expiration of my student visa? (Again I will be in the country legally if I return after the expiration of my student visa)

Cheers!

you can't switch from leave as a visitor to psw if this is what you are asking.

I can't switch despite the fact that I should have up until April to apply for a PSW? I won't officially graduate for another few months as my dissertation is due at the end of this month and I won't officially know whether or not I have graduated until around the end of the year.

Student visas are issued until the end date of the course plus an additional 1-4 months depending on the length of the course (4 months for a course of more than 12 months, 2 months for a course of between 6 and 12 months. However if you leave the UK once your course has finished and attempt to re-enter using the student visa, you may be refused entry because you are no longer a student.

If you enter the UK as a visitor, you can't switch to PSW, you would have to return home and apply for PSW from within the UK it's as simple as that.

Why not just apply from your home country once you have been awarded your degree if you are intent on return home to work?

uchihadaryl wrote:

vinny wrote:Moreover, you may also be refused entry on your student visa, even if you come back before its expiration date.

Vinny, I SHOULD not be refused entry, as I am legally allowed to visit the UK for up to 6 months without needing a visa. I need a student visa as I stayed in the UK for over 6 months. Unless you mean that they will cancel my student visa?

You may well be allowed entry as a visitor but if you state your intention is to remain in the UK to switch to PSW they will refuse you entry as you are not coming for a visit and in any case, as already advised, you can't switch from leave as a visitor to PSW.

Also, FYI, you needed a student visa because your intention was to study, not just because you were in the UK for more than 12 months. A general visitor is not permitted to study in the UK.

First off, thanks to everybody who has offered me advice. I find the whole issue of PSW visa's quite confusing! However I still need to clarify a few points, as possibly I did not make things clear enough earlier.

1. I prefer to apply from the UK to save me from the whole £2800 maintanence having to be on the bank account for 3 months. I can't apply now as I simply don't have the funds to do so.
2. I need to return home as I am legally bonded to continue working there. However after a year or so I can leave.

MAIN QUESTION(PRELUDE)
3. My student visa expires on 31st January 2012. My degree will be conferred upon me SOMETIME around this December-January-February. My INTENT was to come back sometime after this (February/March) in order to apply within the UK, although this will probably be after my student visa has expires.

A. Are you guys saying that I can't apply WITHIN the UK UNLESS I have a valid student visa? As I mentioned before I would be a legal visitor. I'm asking because I don't see anything saying that to apply in the UK your student visa must be valid, only that you must do it before the new visa rules in April. However I may have skipped this, OR this may be what is done in practice.

B. Exactly what is the latest date for applying for the visa? All that is said is that the new visa rules take effect "April 2012". Does this mean 1st April 2012 or 30th April? Is this in regards to received applications? If I send off my application on the 31st March and it's received 2nd April will I still be eligible?

Cheers for all the helpful replies!

uchihadaryl wrote:First off, thanks to everybody who has offered me advice. I find the whole issue of PSW visa's quite confusing! However I still need to clarify a few points, as possibly I did not make things clear enough earlier.

1. I prefer to apply from the UK to save me from the whole £2800 maintanence having to be on the bank account for 3 months. I can't apply now as I simply don't have the funds to do so.
2. I need to return home as I am legally bonded to continue working there. However after a year or so I can leave.

MAIN QUESTION(PRELUDE)
3. My student visa expires on 31st January 2012. My degree will be conferred upon me SOMETIME around this December-January-February. My INTENT was to come back sometime after this (February/March) in order to apply within the UK, although this will probably be after my student visa has expires.

A. Are you guys saying that I can't apply WITHIN the UK UNLESS I have a valid student visa? As I mentioned before I would be a legal visitor. I'm asking because I don't see anything saying that to apply in the UK your student visa must be valid, only that you must do it before the new visa rules in April. However I may have skipped this, OR this may be what is done in practice.

B. Exactly what is the latest date for applying for the visa? All that is said is that the new visa rules take effect "April 2012". Does this mean 1st April 2012 or 30th April? Is this in regards to received applications? If I send off my application on the 31st March and it's received 2nd April will I still be eligible?

Cheers for all the helpful replies!

A. That is exactly what we are saying. I am not sure how much clearer we can say it. Read the Immigration Rules for the Post Study Work category, specifically, 245FD f). Unless you have or last been granted leave in one of the categories listed, you cannot apply for leave to remain as a post study worker, you have to apply for entry clearance. Note that this list does not include 'visitor and therefore you cannot switch from leave as a visitor to the PSW category.

B. No one knows exactly which date the rules will change yet. To be on the safe side, it would be best to plan to apply by the end of March.

You say you are 'legally bonded' to work in your country for the next year - by who? if by your government and you were sponsored by them to study in the UK, you need their permission to apply for PSW and you need to provide a letter with your application giving you such permission.

Greenie wrote:

uchihadaryl wrote:First off, thanks to everybody who has offered me advice. I find the whole issue of PSW visa's quite confusing! However I still need to clarify a few points, as possibly I did not make things clear enough earlier.

1. I prefer to apply from the UK to save me from the whole £2800 maintanence having to be on the bank account for 3 months. I can't apply now as I simply don't have the funds to do so.
2. I need to return home as I am legally bonded to continue working there. However after a year or so I can leave.

MAIN QUESTION(PRELUDE)
3. My student visa expires on 31st January 2012. My degree will be conferred upon me SOMETIME around this December-January-February. My INTENT was to come back sometime after this (February/March) in order to apply within the UK, although this will probably be after my student visa has expires.

A. Are you guys saying that I can't apply WITHIN the UK UNLESS I have a valid student visa? As I mentioned before I would be a legal visitor. I'm asking because I don't see anything saying that to apply in the UK your student visa must be valid, only that you must do it before the new visa rules in April. However I may have skipped this, OR this may be what is done in practice.

B. Exactly what is the latest date for applying for the visa? All that is said is that the new visa rules take effect "April 2012". Does this mean 1st April 2012 or 30th April? Is this in regards to received applications? If I send off my application on the 31st March and it's received 2nd April will I still be eligible?

Cheers for all the helpful replies!

A. That is exactly what we are saying. I am not sure how much clearer we can say it. Read the Immigration Rules for the Post Study Work category, specifically, 245FD f). Unless you have or last been granted leave in one of the categories listed, you cannot apply for leave to remain as a post study worker, you have to apply for entry clearance. Note that this list does not include 'visitor and therefore you cannot switch from leave as a visitor to the PSW category.

B. No one knows exactly which date the rules will change yet. To be on the safe side, it would be best to plan to apply by the end of March.

You say you are 'legally bonded' to work in your country for the next year - by who? if by your government and you were sponsored by them to study in the UK, you need their permission to apply for PSW and you need to provide a letter with your application giving you such permission.

Ok thanks for clearing that up. I wasn't clear on whether the "switching" was mandatory, as I don't believe it is if you are applying from outside of the UK. However, it is fine to apply from outside the UK anytime before April, correct?


Yes I was sponsored by my government.

Thanks!