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TB Certificate requirements for a returning UK resident

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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dedirisaldy
Newly Registered
Posts: 4
Joined: Sat Jun 26, 2021 9:59 am
Indonesia

TB Certificate requirements for a returning UK resident

Post by dedirisaldy » Sun Jun 27, 2021 6:41 am

I am enquiring regarding a student visa application that I made. I just recently got an email from visainfo.shefo@fcdo.gov.uk stating that I need to provide a TB Certificate. However, since I am a returning UK resident in which I previously hold a Tier4 Visa from 2017-2020, and have not been away for more than 2 years (as per stated in https://www.gov.uk/tb-test-visa), and I left the UK on 31 August 2020. Hence, I thought that I would be exempt from providing the TB Certificate. I have tried to contact a centre (RS Premier Jatinegara Hospital) that issued the TB Certificate in Indonesia to arrange an appointment for the TB Test for the TB Certificate. However, they do not let me because they need my real passport and I do not have my real passport with me since my real passport has been sent to and currently at the UK Decision Making Centre. Am I still fall under the category of those who do not need to provide a TB cert given my circumstances or should I require my passport back in order to get tested for TB and to satisfy the requirements? also if I should, does that mean I can continue my existing visa application or the UKVI would cancel my visa application and start a new one instead?
Is there any solution to this problem that I can do?

sah10406
Diamond Member
Posts: 3145
Joined: Sun Apr 20, 2008 10:09 am

Re: TB Certificate requirements for a returning UK resident

Post by sah10406 » Sun Jun 27, 2021 9:40 am

You are not a returning UK resident, and you should have provided a TB test certificate with your application. A "returning UK resident" means someone with ILR. See paragraph 18 of the immigration rules:

https://www.gov.uk/guidance/immigration ... -in-the-uk

There is an exception if

you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months


https://www.gov.uk/tb-test-visa

You have been away from the UK too long to benefit from that.

I recommend getting the support of the international student adviser at your university. They can check whether there is a way to correct your error.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

dedirisaldy
Newly Registered
Posts: 4
Joined: Sat Jun 26, 2021 9:59 am
Indonesia

Re: TB Certificate requirements for a returning UK resident

Post by dedirisaldy » Sun Jun 27, 2021 11:07 am

Yes I do understand the part about UK returning resident is someone with ILR. However, as per stated on https://www.gov.uk/tax-foreign-income/r ... tax%20year it says that You’re automatically resident if you spent 183 or more days in the UK in the tax year. in which from my own understanding, according to this part, I am qualified to be classified as a UK resident. However please do correct me if I am wrong and enlighten me on what this really means about. Thank you in advance.

sah10406
Diamond Member
Posts: 3145
Joined: Sun Apr 20, 2008 10:09 am

Re: TB Certificate requirements for a returning UK resident

Post by sah10406 » Sun Jun 27, 2021 11:39 am

dedirisaldy wrote:
Sun Jun 27, 2021 11:07 am
However please do correct me if I am wrong and enlighten me on what this really means about..
You are wrong.

Being resident in the UK for income tax purposes does not somehow reward you with an exemption from needing a TB test for a visa, nor does it have any bearing on any other visa matter. These are two completely different areas of life, and absolutely unrelated. Hence there is no mention of tax liability in the immigration rules about TB testing or on the related web-page which lists the exemptions. Sorry but it's a waste of your time to be scrambling around the fine detail of income tax rules and trying to map them onto your visa requirements.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

dedirisaldy
Newly Registered
Posts: 4
Joined: Sat Jun 26, 2021 9:59 am
Indonesia

Re: TB Certificate requirements for a returning UK resident

Post by dedirisaldy » Sun Jun 27, 2021 12:52 pm

So, that being said, what would you recommend me having to do in order to solve this issue then? I am ready to take the TB test as soon as possible, however, the centre that conducted the TB test requires my real passport and my passport has been sent to and currently at the UK decision-making centre. Should I request my passport back from UKVI, and if so can I continue my existing application after I received my TB certificate without having to start a new one instead?

sah10406
Diamond Member
Posts: 3145
Joined: Sun Apr 20, 2008 10:09 am

Re: TB Certificate requirements for a returning UK resident

Post by sah10406 » Sun Jun 27, 2021 2:36 pm

See my first reply Sun Jun 27, 2021 9:40 am
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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