How to stay in the UK to study?

I have been in the UK under the HSMP visa since May 2008.

I now wish to study for 9 months before moving back to Australia. I don't want to work during this time - I only want to study. I have study full-time without working.

The UKBA have told me that it isn't possible to siwtch from HSMP to a student visa. This seems crazy as I wouldn't be taking anyone's job and I would be contributing to the economy by employing academic staff and spending money. The alternative is that I take my money back to Australia and spend it there - not a great outcome for the UK economy! My HSMP visa runs out in May this year, so I can't do the course I want to if I can't get a new visa.

Does anyone know of a way around this situation? Is there another visa that simply allows me to be here as long as I don't work?

I would be really grateful for any advice!

UKBA has advised you correctly. If you wish to study you'll need EC as a student, and this can only be applied for from home country. There is no other legal workaround.

jdjc79 wrote: Is there another visa that simply allows me to be here as long as I don't work?

Extend your HSMP visa and don't work ... if you just want to "stay on" in the UK for some more time.

regards

Many thanks Sushdmehta for your quick reply. If only the Home Office explained things that clearly!

I assume I won't be kicked out if immigration find out that I'm living here under HSMP but studying full-time instead of working?

jdjc79 wrote:I assume I won't be kicked out if immigration find out that I'm living here under HSMP but studying full-time instead of working?

It is okay (legal) if you remain on HSMP and not work. But being a student on HSMP/Tier 1 might be in breach of immigration rules. AFAIK, new students must have leave to enter (EC) as students.

If you are in breach of immigration rules, you are risking your chances remaining in UK or entering UK again in the future. The penalties can be quite severe e.g. - removal and ban from entering UK for 1-10 years.

regards

Thank you. I'll make some enquiries - sounds like I might need to give up and go home!

.... or obtain a Tier 4 visa?

Just got a reply in writing from the UKBA. They have said I can study as much as I want on my Tier 1 (HSMP) visa. It won't violate the rules of the visa if I study full-time. However it will make it difficult for me in future if I want to get indefinite leave to remain. This is no problem because I only want to stay for 9 months and then leave permanently.

Problem solved, albeit with a total cost of 1800 pounds to extend my HSMP visa! Still, cheaper than flying all the way back to Australia and losing a few weeks income in order to apply for a Tier 4 visa. The whole system is completely ridiculous.

Thanks for your help!

jdjc79 wrote:Just got a reply in writing from the UKBA. They have said I can study as much as I want on my Tier 1 (HSMP) visa. It won't violate the rules of the visa if I study full-time. However it will make it difficult for me in future if I want to get indefinite leave to remain. This is no problem because I only want to stay for 9 months and then leave permanently.

Problem solved, albeit with a total cost of 1800 pounds to extend my HSMP visa! Still, cheaper than flying all the way back to Australia and losing a few weeks income in order to apply for a Tier 4 visa. The whole system is completely ridiculous.

Thanks for your help!

That's great news then! Except the £1800 thing.