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established presence

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

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marionsan
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established presence

Post by marionsan » Wed Jul 06, 2011 1:57 pm

Hi. I am interested to discuss the 'established presence' issue, as it appears to be where large % of applicants for Tier 4 visas get cought up in the HO neverending rules and conditions.

Question 1

A student studying at UK university has been asked to leave the course due to unsatisfactory results. Sponsor have informed UK Border Agency of this withdrawal. As a result of this the student is no longer entitled to stay in UK on his/her current visa.

The student wants to change provider ASAP to apply for new Tier 4 (general) student permission to stay. He/she completed single course of study for 6 months of more. The new sponsor will issue new CAS.

Would the student qualify for having 'an established presence' and as such reduced maintenance as he/she has got current leave in the passport or not because the leave is not technically valid anymore.
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Greenie
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Post by Greenie » Wed Jul 06, 2011 5:39 pm

it is not that the leave is not valid, because this is only the case if the UKBA has curtailed the visa - in which case they will have written to the student at the last known address. if the student has less than 6 months left on the current visa, the UKBA will usually not curtail it.

However, if the person has been withdrawn from the course because of unsatisfactory progress, he or she has not completed the course and therefore does not have an 'established presence' and therefore must show the maximum maintenance amount.
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vinny
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Post by vinny » Wed Jul 06, 2011 8:52 pm

See also DN (student - course ‘completed’ -  established presence ) Kenya [2010] UKUT 443 (IAC).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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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marionsan
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Post by marionsan » Thu Jul 07, 2011 12:00 pm

Does that mean that the only requirement is that the course is COMPLETED, and it does not matter whether it has been completed successfully or not.
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vinny
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Post by vinny » Thu Jul 07, 2011 12:23 pm

Perhaps. If relying on the jugdgment, then also enclose it, or cite it, when applying.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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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Greenie
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Post by Greenie » Thu Jul 07, 2011 12:52 pm

marionsan wrote:Does that mean that the only requirement is that the course is COMPLETED, and it does not matter whether it has been completed successfully or not.

but be careful with this - if the student has been withdrawn from the course this is different to completing the course but failing it. Being withdrawn from the course implies that the course has not been completed.
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marionsan
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Post by marionsan » Thu Jul 07, 2011 12:58 pm

indeed - in the case I refer to, the student has been withdrawn from the course due to poor performance - in which case I read it as - the student neither completed nor was successfull, which seem to mean that he/she does not have 'established presence' as student in UK.
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Greenie
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Post by Greenie » Thu Jul 07, 2011 1:07 pm

marionsan wrote:indeed - in the case I refer to, the student has been withdrawn from the course due to poor performance - in which case I read it as - the student neither completed nor was successfull, which seem to mean that he/she does not have 'established presence' as student in UK.
yes correct.
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