Applying from Within the UK

Hi Everyone,

I'm on Tier 2 General at the moment working as a mechanical design engineer. My visa runs out on the 30/11/2015. My company is not willing to increase my salary to meet the extension requirement therefore I'm having to apply for tier 4 student.

I have received two unconditional offers for MSc Mechanical Engineering and MSc Biomedical Engineering. But the courses are starting on 6th January 2016 and 18th January 2016 respectively. Therefore according to the tier 4 general policy guidance I have to go back to my home country to apply for entry clearance as the course does not start within 28 days from the expiry of my leave to remain. But the universities will issue me CAS if I pay the fees. If I receive the CAS there's nothing stopping me from applying from within the UK.

Can someone please help me here and let me know what would happen if I apply from within the UK? Would they reject it saying that it is on the tier 4 policy guidance?

The only problem applying from my home country is that I have lived in the UK for 8 years and once I apply for this MSc course my 10 years will be fulfilled and I'll be able to apply for indefinite leave to remain. Would they reject my entry clearance due to this reason even though I meet the 40 points (30 for the CAS + 10 for maintainence)? I have only studied in the UK for a total of 3 years as well when I did my BEng Mechanical Engineering.

Thank you

They may refuse a leave to remain application as a Student, if 245ZX(l) fails.

This may depend on when they make their decision.

Thank you very much for the information Vinny.

So if I go back to my home country and apply for entry clearance, would they refuse it since I have been in the UK for 8 years?
I have been under the student visa for 3 years, PSW for 2 year and Tier 2 general for 3 years. And have never overstayed and never any previous visas got refused. So would there be any other reason for them to refuse my entry clearance application for the MSC MEchaniocal Engineering?

Thank You

Sineth wrote:So if I go back to my home country and apply for entry clearance, would they refuse it since I have been in the UK for 8 years?

No, the only time limit is 5 years studying at degree level on student visas.

Sineth wrote:So would there be any other reason for them to refuse my entry clearance application for the MSC MEchaniocal Engineering?

You could be refused under credibility, if they think your application is about more about racking up more time towards long residence than about genuine education.

as long u hvn't spend 8 yr on tier 4 visa which u clearly not, they won't refuse ur application as ong u get the CAS from uni.

Sineth wrote:So would there be any other reason for them to refuse my entry clearance application for the MSC MEchaniocal Engineering?

You could be refused under credibility, if they think your application is about more about racking up more time towards long residence than about genuine education.[/quote]

Thank you for the replies all.

How would they find out whether I'm genuinely interested in education or not? I mean they can't tell just through the application forms and documents, isn't it?

Cheers

Don't you have 28 days after your visa expires before you can be classed as an overstayer? I think you are okay to apply in-country.