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Author	Post
cx2000 Junior Member Member # 7061	Posted June 01, 2003 04:10 PM Dear experts, I came to the UK in May 2001 on a 4 year work permit. I left this job in February 2003 and have now been accepted into a postgraduate Masters programme (begins Sep) and wish to switch to a student visa. I want to make sure I get this right and am not sure the best way to go about getting the visa. I have been given conflicting advice about whether the Home Office would consider me an overstayer and therefore might reject my student application. I have Leave to Remain in my passport until May 2005. However, some people have said that since I left my job the Leave to Remain is now invalid. My company apparently did not inform the home office that I left my job. However, on the form for switching to a student visa in-country, there is a question 'Are you currently working in the UK' which I must answer no to. Also, the home office ask for the last 3 months of my bank statements which, if carefully looked at, will show that I have no credits which might make them belive I haven't been working at any time during the last three months. Therefore, I am wondering: 1. Will the home office consider me an overstayer and therefore likely reject my student application? How strict are they about this? 2. Is it better for me to leave the UK and then return and apply for the student visa upon re-entry (I am a non-visa national). I realise this would subject me to an interview but would it be safer? 3. Is there any other advice you have or anything else I should keep in mind? Thanks very much.
Elisa Member Member # 2487	Posted June 01, 2003 10:38 PM If you were here on a work permit and quit your job then you have no legal right to remain in the country after 28 days, they were right about that. The right too remain is only valid as long as you work for the company that issued the work permit to you. So yes they were right about that. If you had applied for student visa right away you could have stayed while they were processing your application. As for now I don't know what they will do, I would expect it depends on your circumstances. But I advise you to be honest, if you get caught lying and then they find out about the WP and you not leaving then that will be 2 strikes against you and could affect any future you have in UK. I would advise you to get some legal advice as we're just going by what is posted on the WP site, lawyers have experience with this and could probably give you sound advice. I wouldn't trust my future to a message board in this case as it's too important.
Kayalami Member Member # 5984	Posted June 02, 2003 02:45 PM 1. Will the home office consider me an overstayer and therefore likely reject my student application? How strict are they about this? >>> The most important criteria when switching status in country is that you have valid leave (permission) to be in the country on the date of the application. As Elisa states your WP based leave expired the day you left your employer. However the HO understand you can't leave the country on your last work day so gives you a grace period of 28 days to leave the UK or apply for change of status depending on if this is allowed in the immigration rules and whether you are a visa or non visa national. As you said HO only knows you left your job when employer tells them or you apply for change in status. You have left it a few months too late to apply for in country switching. The risk of an in country refusal is that it will make it more difficult for you to get a visa in any other category to the UK especially those not leading to settlement i.e. visitor and student. 2. Is it better for me to leave the UK and then return and apply for the student visa upon re-entry (I am a non-visa national). I realise this would subject me to an interview but would it be safer? >>>Yes. 3. Is there any other advice you have or anything else I should keep in mind? >>> You mention that your bank statements will show nil credits. When you apply for leave to enter the UK as a student you need to prove that you can afford your tuition fee as well as accomodate and maintain yourself without recourse to public funds. It may be difficult for you to prove such ability given your remarks on your finances. [ June 02, 2003: Message edited by: Kayalami ] -------------------- ---audi alteram partem---

Author

Post

cx2000
Junior Member
Member # 7061

Posted June 01, 2003 04:10 PM

Dear experts,

I came to the UK in May 2001 on a 4 year work permit. I left this job in February 2003 and have now been accepted into a postgraduate Masters programme (begins Sep) and wish to switch to a student visa.

I want to make sure I get this right and am not sure the best way to go about getting the visa.

I have been given conflicting advice about whether the Home Office would consider me an overstayer and therefore might reject my student application. I have Leave to Remain in my passport until May 2005. However, some people have said that since I left my job the Leave to Remain is now invalid.

My company apparently did not inform the
home office that I left my job. However, on the form for switching to a student visa in-country, there is a question 'Are you currently working in the UK' which I must answer no to. Also, the home office ask for the last 3 months of my bank statements which, if carefully looked at, will show that I have no credits which might make them belive I haven't been working at any time during the last three months.

Therefore, I am wondering:

1. Will the home office consider me an overstayer and therefore likely reject my student application? How strict are they about this?

2. Is it better for me to leave the UK and then return and apply for the student visa upon re-entry (I am a non-visa national). I realise this would subject me to an interview but would it be safer?

3. Is there any other advice you have or anything else I should keep in mind?

Thanks very much.

Elisa
Member
Member # 2487

Posted June 01, 2003 10:38 PM

If you were here on a work permit and quit your job then you have no legal right to remain in the country after 28 days, they were right about that. The right too remain is only valid as long as you work for the company that issued the work permit to you. So yes they were right about that.

If you had applied for student visa right away you could have stayed while they were processing your application. As for now I don't know what they will do, I would expect it depends on your circumstances. But I advise you to be honest, if you get caught lying and then they find out about the WP and you not leaving then that will be 2 strikes against you and could affect any future you have in UK.

I would advise you to get some legal advice as we're just going by what is posted on the WP site, lawyers have experience with this and could probably give you sound advice. I wouldn't trust my future to a message board in this case as it's too important.

Kayalami
Member
Member # 5984

Posted June 02, 2003 02:45 PM

1. Will the home office consider me an overstayer and therefore likely reject my student application? How strict are they about this?

>>> The most important criteria when switching status in country is that you have valid leave (permission) to be in the country on the date of the application. As Elisa states your WP based leave expired the day you left your employer. However the HO understand you can't leave the country on your last work day so gives you a grace period of 28 days to leave the UK or apply for change of status depending on if this is allowed in the immigration rules and whether you are a visa or non visa national. As you said HO only knows you left your job when employer tells them or you apply for change in status. You have left it a few months too late to apply for in country switching. The risk of an in country refusal is that it will make it more difficult for you to get a visa in any other category to the UK especially those not leading to settlement i.e. visitor and student.

2. Is it better for me to leave the UK and then return and apply for the student visa upon re-entry (I am a non-visa national). I realise this would subject me to an interview but would it be safer?

>>>Yes.

3. Is there any other advice you have or anything else I should keep in mind?

>>> You mention that your bank statements will show nil credits. When you apply for leave to enter the UK as a student you need to prove that you can afford your tuition fee as well as accomodate and maintain yourself without recourse to public funds. It may be difficult for you to prove such ability given your remarks on your finances.

[ June 02, 2003: Message edited by: Kayalami ]

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---audi alteram partem---