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Established presence

Only for UK Tier 4 (Student) points system
Tier 4

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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vinny
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Established presence

Post by vinny » Thu Jun 16, 2011 6:47 am

DN (student - course ‘completed’ -  established presence ) Kenya [2010] UKUT 443 (IAC)

Molla ( established presence  – date of application) Bangladesh [2011] UKUT 161 (IAC)

Current rules:
Appendix C - Maintenance (funds) wrote:14. An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, Student or as a Postgraduate Doctor or Dentist and at the date of application:
(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.
Appendix C - Maintenance (funds) wrote:22. An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant or Student and at the date of application:
(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.
See also UKCISA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Sat Jan 14, 2012 5:27 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Apr 05, 2012 6:05 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rv
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visa rejected on the basis of insufficient fund

Post by rv » Sat Feb 02, 2013 11:04 am

Hi
I am living in this country from four and half years under student visa and then Tier 4 category. In October again i applied for Tier 4 visa for four months as i only required 4 months to complete the course. I am doing ACCA from the beginning but this time i changed my college as my previous college was not giving me CAS for 4 months.

In my bank account i disclosed £2100 as i have established presence in uk but UKBA rejected my application and said that i do not have established presence in UK. They didnt write the reason but they copied the definition of established presence as per guidelines.

I dont know what to do now as i do not have visa to renew or to change it to another category and if i appeal now i was supposed to get visa till end of feb.
I just want to know whether i have established presence or not so that i can think of appeal.

Thanks
RV

Greenie
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Post by Greenie » Sat Feb 02, 2013 12:02 pm

They have probably refused because you are changing colleges therefore they don't believe you are continuing on the same course. It is probably arguable that you are continuing on same course even though you have changed colleges.

rehman.bhayo
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Location: Cardiff

maintenance requirments

Post by rehman.bhayo » Sat Feb 16, 2013 8:13 pm

hi,
I am doing my Phd from Cardiff University and got my visa until January 2016. I want to sponsor my wife from Pakistan. As I have a current student Tier 4 visa for my PhD and already completed my Msc, which was one year duration, I have a established presence in UK.

Given that I have established presence, now how much money I must show for her as maintenance requirements? 900 pounds? or 4050 pounds? remember she will be applying from Pakistan.

Regards,

intellect1
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Post by intellect1 » Wed Jun 12, 2013 6:33 pm

Hi,
am not an expert, but I believe that she/you would have to show funds for 9 months i.e 800x9= 7,200 pounds in your bank account as she is not in UK and applying from outside UK.

as far as established presence is concerned if you qualify for that then for 2 months only which would be 800x2= 1600 pounds in your bank account.

as you have mentioned cardiff university which is outside london therefore, 800 pounds for 1 month. If anyone intends to live and study in london then 1000 pounds criteria would ave to be fulfilled.



The above suggestion purely gives my opinion and it's always better to get experts suggestion.

mmsmallick73
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CANCELLATION OF CAS BY TIER 4 SPONSOR

Post by mmsmallick73 » Fri Oct 17, 2014 8:32 am

HI,
Just recently I have applied for the extension of my Tier 4 visa and while my visa was in process my Tier 4 sponsor canclled my CAS although I have paid the full fee. He said you didnt come regularly although I went there to attend the classs. He said he cant turned it back. I have still to give my biometric and am in trouble what to do? Should I go for biometric? What will UKBA will do ? Can anyone guide me here?

With regard
Muhammad

vinny
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Re: Established presence

Post by vinny » Mon Feb 09, 2015 12:44 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

IJOS
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Re: Established presence

Post by IJOS » Fri Mar 27, 2015 7:41 pm

@Vinny,
I'm not going to lie. This established presence is so much confusing for me.
My brother is studying computer networks in a University in London and wants to transfer to another University 2nd year to study computer networks and security. Now he needs to reapply for a visa as he is changing sponsor. Does he qualify for established presence? All this stuff about finished one course and continuing another course is driving me crazy. Can he be deemed to be continuing a course or do they mean ,getting a Bsc as referring to completing a course?

Thank you for your anticipated response.

Greenie
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Re: Established presence

Post by Greenie » Fri Mar 27, 2015 10:05 pm

A person qualifies for established presence if they are continuing on the same course for which they have ready completed 6 months. I would say that would be very risky to rely on the established presence rule where they are transferring to another institution, as the home office are likely to say they are not continuing on the same course. Your brother would be best advised to keep 9 months maintenance.

IJOS
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Re: Established presence

Post by IJOS » Sat Mar 28, 2015 9:50 pm

Thanks@Greenie,
Sad that one who has lived a year already and is continuing in second year is not considered established phew.

legalalien88
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Re: Established presence

Post by legalalien88 » Sat May 02, 2015 3:58 pm

hi guys. need some help here.
Did foundation degree from 2012-2014. That visa had an expiry date of October 2014.
In 2014 I got a place on a BA course (basically to do a 3rd year as I already did 2 years of foundation degree) and applied to extend my visa in October.
My current Tier 4 visa is valid till July 2015, my course finishes on May 25th.
I plan to go back home in July (around 20th of July as i have a graduation ceremony on the 13th) and apply for another Tier 4 to do Masters in the same university.
The masters course starts on September 21st, therefore I won't be able to go back to the UK until August 21st (in case of a successful application).
Will I qualify for an established presence? Considering my visa will still be valid for a week at a time of my application?

sah10406
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Re: Established presence

Post by sah10406 » Sun May 03, 2015 11:23 am

Yes. What part of the eligibility are you concerned that you might not meet?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

legalalien88
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Re: Established presence

Post by legalalien88 » Mon May 04, 2015 10:33 pm

I'm just a bit concerned by the fact that I'll only have 1 week left (or so) on my visa when I'll be applying?
Also the fact that I won't be able to come to the UK for 4 weeks after my application as you can't come to the UK earlier than a month before your course? Do these affect Established Presence and the funds I need to show?

muhammadarsalan
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Re: Established presence

Post by muhammadarsalan » Wed May 06, 2015 9:21 am

Hi Everyone

I'd be grateful to hear from you guys on my case below

Applying for TIER 4 - Dependent VISA - Established Presence ( Only Dependents Applying offshore )

I am already studying MSc in UK and my visa expiry is (from Sept 2014 to Jan 2016).

I want to bring my wife and 2 daughters 3 months between June to September 2015.

Now that I have spent 6 months in the UK i.e. from (October 2014 to April 2015).

Can I apply for my family dependent visa on the basis of reduced 'maintenance cost' based on 'ESTABLISHED PRESENCE' i.e funds for only 2 months instead of 9 months.


Note: Only my family would be applying from Pakistan for VISA, as I am already here in UK and my visa is current till Jan 2016.

I would be grateful to hear from you guys

Best WIshes

sah10406
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Posts: 2557
Joined: Sun Apr 20, 2008 10:09 am

Re: Established presence

Post by sah10406 » Wed May 06, 2015 12:32 pm

Answered on your other topic, which moderators have now merged from your multiple postings.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vinny
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Posts: 28544
Joined: Tue Sep 25, 2007 7:58 pm

Re: Established presence

Post by vinny » Tue Jul 14, 2015 6:13 am

Statement of changes to the Immigration Rules: HC297, 13 July 2015 wrote:The changes set out in paragraphs 6A.1 to 6A.10, 6A.12, 6A.32 to 6A.33, C1 to C13, C15 to C16, C20, C22 to C23, C25 to C27, C29 to C31, C33 to C35, C37 to C38, and E1 to E7 of this statement shall take effect from 12 November 2015. However, if an application has been made for entry clearance or leave to enter or remain before 12 November 2015 and has not been decided before that date, the application will be decided in accordance with the Rules in force on 11 November 2015.
Statement of changes to the Immigration Rules: HC297, 13 July 2015 wrote:C16. In Appendix C delete paragraph 14 and substitute “DELETED”.
Statement of changes to the Immigration Rules: HC297, 13 July 2015 wrote:C38. In Appendix C delete paragraph 22 and substitute “DELETED”.
[url=https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-297-13-july-2015]Statement of changes to the Immigration Rules: HC297, 13 July 2015[/url] > EXPLANATORY MEMORANDUM > 7.15 wrote:The ‘established presence’ provision is being removed, so that all students must show they have sufficient funds to support themselves throughout the duration of their remaining study, or for up to nine months. This is to ensure that all migrants can demonstrate they can maintain and accommodate themselves for the full duration of their course, or up to nine months, whichever is shorter.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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