Student Visa

[RAJ2007]

It's about my friend.

1. He came to UK in 1999 as a student.
2. He got married to an Indian national in 2000 in UK and switched into dependent visa since her wife was on student visa. She also came to UK in 1999.
3. Since then her wife is student visa and he is on dependent visa.

Now he wants to apply for student visa. (He has done some studies in his field during the last few years). He would like to do further studies in his field of accountancy.

1.Would it be possible for him to switch into student visa? (I knew someone who has switched into student visa a few years ago)

2. If he applies from his country of origin, would it be a problem?

[vinny]

12.3.1 - Mandatory entry clearance requirement for students
From 1 September 2007, it is a mandatory requirement that non-EEA nationals seeking entry to the UK for the purpose of study, obtain prior entry clearance as a student before arriving in the UK.

[RAJ2007]

Thanks Vinay.

But when he came to UK in 99 he had student entry clearance. Obviusly he had switched to dependent visa.

Would that rule (you mentioned) be applicable to him?

[vinny]

He may apply for a student visa from his home country.

[Mr Rusty]

Q1 of the OP is interesting: The Immigration Rules say:

"60. The requirements for an extension of stay as a student are that the applicant:

(i)(a) was last admitted to the United Kingdom in possession of a valid student entry clearance......."

So, it could be argued that he was "last admitted" to the UK as a student, and his permission to remain in another capacity does not negate this. However, if he travelled out of the UK and returned during his period as a dependant, it could equally be argued that his "last admission" was under his continuing leave as a dependant.

His proposed course would need to be considered carefully, as apart from all the normal requirements for a student he would have to take notice of this:-

"(vi) would not, as a result of an extension of stay, spend more than 2 years on short courses below degree level (ie courses of less than 1 years duration, or longer courses broken off before completion);"

But as Vinny has indicated, he can go back home and apply for a student EC (following which his wife would no doubt apply as his dependant.......)

[RAJ2007]

Thank you Rusty.

Does that mean it will be hard for him to agrue on the basis of previous student visa entry clearance since he had been to India in between while he was on dependent visa?

Also, does he need to appear for IELTS/TOEFL? He has recently completed an professional accountancy course 'AAT' from UK professional body. Does that not automatically satisfies the criteria of knowledge of English language? What do you think?

[Mr Rusty]

Thank you Rusty.

Does that mean it will be hard for him to agrue on the basis of previous student visa entry clearance since he had been to India in between while he was on dependent visa?

Also, does he need to appear for IELTS/TOEFL? He has recently completed an professional accountancy course 'AAT' from UK professional body. Does that not automatically satisfies the criteria of knowledge of English language? What do you think?

If his last entry to this country was on conditions as a dependant I believe that UKBA would say he was not "last admitted to the UK in possession of a valid student entry clearance." Only if he had never left since his first arrival with the student EC might he be able to argue otherwise. That's just my opinion, if anybody thinks/knows different, please feel free to put me right.

I'm no expert on the 'Life in the UK' stuff, I'm sure there's somebody else on here who knows what the exemptions are, if any.