SEGS to Student again, leading onto LTR, but have a problem.

Hi all,

I was a student in the UK for 8 years (5 years in School, and 3 years in University). Upon graduation, I applied and was approved for the Science and Engineering Graduate Scheme (SEGS), allowing me to work in the UK for 1 year if I wanted. So far, I've been in the UK for 9 years.

I planned to apply for a Masters, and use that as my 10th year to apply for Leave to Remain based on Long Residency. However, I have just found out that because I went on holidays whilst on SEGS, I cannot switch back to being a student from within the UK. I was told that I would have to go back to my country of origin and get a student visa from there (in this case, India).

My questions are:

1) Is it true that I cannot switch to student status because I travelled whilst on SEGS? If I submit an application for a student visa from within the UK, will my application be rejected? Will I be able to appeal or anything?

2) If I do go to India and come back as a student, can I count that as my 10th year, or does it effectively restart the cycle, thus making the last 9 years voided? What are my chaces of Leave to Remain if I do this?

3) Also, If I do go to India and get a student visa before my SEGS visa expires, does that make a difference to my chances for LTR? What would happen if there is a gap between when my SEGS visa expires and when my new student visa starts?

Thanks for reading, and any suggestions and comments are welcome.

K

Hi all,

In my desperate attempts at finding a solution to my problem, I found this in the Immigration Directorate's Instructions under Chapter 3 (Students), Section 3 (leave to remain for students)
(See here on page 30)

Caseworkers should note that a concessionary arrangement has been put in place for visa national students who fulfil the following requirements:

• Entered the United Kingdom with a student entry clearance in accordance with paragraphs 57-62 of the Immigration Rules
• Switched into the SEGS category (paragraphs 135O-135T of the Immigration Rules)
• Travelled and re-entered the UK with valid leave in this category, and
• Seek to switch (back) into the student category (paragraphs 57-62 of the Immigration Rules) to study at degree level or above.

Under the Immigration Rules a visa national student whose circumstances are described above would not be able to satisfy paragraph 60(i) as they were last admitted to the United Kingdom with leave in the SEGS category.

However it has been agreed that, where all the above conditions prevail,
caseworkers may waive the requirement in paragraph 60(i) and grant leave to remain outside the rules (LOTR) as a student, provided all the other requirements of paragraph 60 have been met.

It sounds like it is a solution to my problem, but I feel as though its too good to be true. Can someone else please have a look and 'pinch me if I'm dreaming'?

When I apply for a student visa (with my renewed hope), am I allowed to quote this section of the IDI to the caseworker, or would they see that as 'cheeky' and make it more difficult for me?

What do you think?

K