Frontier Mole wrote:We will have to agree to disagree
It is accepted that there is a 4 month window to do whatever they want. It becomes an issue only when there maybe an intent not to return at the visa expiry. This individual is fully entitled to re-enter and apply for further leave to remain.
For sure we will have disagree about this. I have seen too many students acting on such advice who are refused entry under para 321A(1)
or admitted as visitors, which effectively prevents them from switching
to Tier 2. UKCISA's manual for international student advisers has a whole section warning against telling students it will be fine to re-enter the UK on their student visa after their course.
Frontier Mole wrote:What your suggesting is that beyond course completion leaving the UK terminates your leave. Can't seem to find that rule??
As already advised, para 321A
provides for leave to be cancelled if they appear to have the "wrong" leave for the purpose they are entering the UK. Tier 4 leave includes the requirement to be studying at the sponsor institution.
321A. The following grounds for the cancellation of a person’s leave to enter or remain which is in force on his arrival in, or whilst he is outside, the United Kingdom apply;
(1) there has been such a change in the circumstances of that person’s case since the leave was given, that it should be cancelled;
See also the Tier 4
modernised guidance for border force officers, page 162-163, "Tier 4: grant or refuse entry at UK port":
* if a passenger has a valid Tier 4 entry clearance but you have evidence to show that they do not meet the requirements of the rules, you can only refuse leave to enter and cancel entry clearance under paragraph 321A of the Immigration Rules
* if a person returns from a short absence abroad within a period of leave which they were previously granted and you decide to refuse entry, you must also refuse under paragraph 321A
See also the Tier 4 modernised guidance page 164, "Tier 4: examples of when to refuse entry for change of purpose":
Where the passenger’s leave to enter derives from an entry clearance, you can examine the passenger to establish whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the UK is different from the purpose specified in the entry clearance.
In the examples below, you must refuse leave to enter and cancel entry clearance under paragraph 321(A) of the Immigration Rules.
Example 1 – passengers who are entering the UK to work
The student arrives and says they are actually coming to work in the UK or you discover evidence of this in their luggage:
• in such cases, where the student confirms work is their purpose of entry, or where there is documentary evidence confirming this, there are sufficient grounds for you to refuse leave to enter based on change of purpose (this includes passengers who apply for leave under Tier 4 to study at a private education provider from 4 July 2011)
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.