New TIER4 visa

saikrish · Post by **saikrish** » Fri Jun 01, 2012 5:11 am

Hi I have admitted into a M.sc program in February 2011 and issued visa in India till April 2013. I discontinued the course in second semester in January and returned to India in April 2012. Now can i get admitted into another college, get a CAS and apply for a visa from India again??? Can i show my first semester results list as a progression document?? Do i stand a chance of getting visa from a different college again?? and am I an established student? as i have studied a course which is more than 6 months duration?

Post by **Greenie** » Sat Jun 02, 2012 8:48 am

You will need to apply for a new course and explain your history to the college/university as they are the ones who need to justify that you are making academic progression on your CAS. If you are starting a masters course from the beginning then showing your first semester results is not going to help you as you will be repeating study at the same level.

saikrish · Post by **saikrish** » Sat Jun 02, 2012 3:17 pm

Hi greenie, thanks for the reply. I got CAS letter from a college for ACCA. I have done my graduation in accounting, so i thought a professional degree in accounting help. I thought presenting my first semester results would help, as it will justify, me attending college in the year of my stay.

Post by **Greenie** » Sat Jun 02, 2012 4:58 pm

It may help to show you attended but it doesn't help with academic progression. have the college addressed academic progress in your Cas. Are they aware of your previous study?

In answer to your other question no you will not have established presence because you didn't complete the course.

saikrish · Post by **saikrish** » Sat Jun 02, 2012 5:18 pm

The college did mention about the academic progression. I have studied project management in my previous college. They wrote that the student is moving from an academic program to a professional qualification. progression into a professional qualification will enhance students understanding of financial aspect in business management. Can i write a covering letter stating that I'm not satisfied with the previous course to the visa officer and submit along with my application?
Thanks once gain

Deviser · Post by **Deviser** » Sun Jun 03, 2012 11:43 am

Most of people selecting ACCA course to extend their visas even after BA/BSc and MA/MSc in Accounting and Finance and other subjects but most of cases got refused on academic progression rule by UKBA even sponsors was satisfied with student's AP. I have seen many cases.

The reason is, UKBA guys knows very well that, this is not the case suddenly ACCA is become more valuable qualification, actually, at the moment ACCA is the cheapest course available in UK with 2-3 years visa and with 20 hours work permission. UKBA knows everything about it so they look ACCA applications more deeply, especially pointing and application of academic progression rules.

Your application will be at risk coz there is no provision in law if you write a cover letter that you were not satisfied from the previous course, you are exempted from academic progression rule. This is something completely decided by sponsor and UKBA, not student.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 12:18 pm

Thanks for the reply deviser, I wouldn't have left my course in the middle,if i knew this. I got more than 14 months visa when i left the course and returned home, I hope UKBA doesn't think that Im trying to extend extend my visa just to stay in UK and work.

Deviser · Post by **Deviser** » Sun Jun 03, 2012 12:46 pm

UKBA has nothing to 'think' about it. There is a set academic progression rules in Tier-4 law which are same for everyone.

Tier-4 law comes under PBS where ECO/UKBA has very less discretionary powers and they cannot favour/reject visa application on the basis of any 'balance of probabilities' and 'personal thinking'.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 1:07 pm

Ok, I see that the only reason for UKBA to reject my application is due to AP. I would have applied for change in TIER 4 sponsor in UK rather than applying a new visa from home.
Thank you for your reply deviser

Post by **Greenie** » Sun Jun 03, 2012 1:14 pm

Deviser your replies are contradictory. First you say the application is at risk and then you say the eco has no discretion.

The guidance states that as long as the sponsor states that the course represents academic progression and this is justified where necessary that the ukba will not normally question the sponsors assessment.

It would not have made any difference whether you had remained in the UK and switched sponsor. They still need to justify the progression.

Deviser · Post by **Deviser** » Sun Jun 03, 2012 1:28 pm

Application is at risk of refusal due to AP laws, not for ECO discretionary powers.

As per the applicant’s circumstances .i.e. studying MSc in Project Management than left course in second semester than applying for ACCA course, I think AP is strongly questionable in this case.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 2:02 pm

I have never heard about the AP rule back in UK. I know many students switching to ACCA after their masters in management. My new sponsor didn't even mentioned about the AP.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 2:15 pm

Can you please advice what to do further??.. I have left my course and came back to pursue ACCA. I was confident about commencing new course and left my old course.. i don't know what to do now..

Post by **Greenie** » Sun Jun 03, 2012 2:18 pm

Deviser wrote:Application is at risk of refusal due to AP laws, not for ECO discretionary powers.

As per the applicant’s circumstances .i.e. studying MSc in Project Management than left course in second semester than applying for ACCA course, I think AP is strongly questionable in this case.

it is up to the sponsor to justify the academic progress in the Cas which they appear to have done. The eco should not really question the sponsor unless the justification is very suspect.

Post by **Greenie** » Sun Jun 03, 2012 2:19 pm

saikrish wrote:I have never heard about the AP rule back in UK. I know many students switching to ACCA after their masters in management. My new sponsor didn't even mentioned about the AP.

it is the same for in country applications.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 2:45 pm

Thanks for reply greenie, I think they should impose the AP rule only on people who has completed their courses. I have a friend who left his course in middle and left because his father died in India. He wants to study a different course now after 3 years, I don't know how UKBA treats his case

Post by **Greenie** » Sun Jun 03, 2012 2:54 pm

If they did this then students would be able to go from one course to another without completing it.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 3:02 pm

Thank you greenie, that is a valid point. I guess we can change course and tier4 sponsor in UK by applying change in tier4 forums. There is no AP rule as i have seen the forums. Im repenting my decision of quitting the course now.

Post by **Greenie** » Sun Jun 03, 2012 3:05 pm

What do you mean there is no AP rule and you have seen the forums. Read the policy guidance. Academic progress applies equally to in country and out of country applications. Read the policy guidance.

saikrish · Post by **saikrish** » Sun Jun 03, 2012 3:12 pm

Sorry for ignorance.. Can i continue my previous course if they deny me entry for new course??

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New TIER4 visa

New TIER4 visa