stamp 2 renewal in the setting of failed exam

[optstudent]

Hi guys,

I'm writing this on the behalf of my girlfriend. She finished her 3rd year of Optometry (TUD) this year. However, she failed one of her repeat exams for Year 3 and unfortunately she can not progress to year 4 because of this single exam. The entire course is 4 years so she's very close to finishing her degree.
Looking at irishimmigration.ie website it seems that they won't renew the Stamp2 permit for the hole year's tuition fee when you fail an exam.
I just wonder if there are people who have been in similar situation and what did they do?
Any advice would be greatly appreciated.
cheers

[littlerr]

Strictly speaking, she cannot proceed after failing her repeat exam.

A maximum extension of 4 months is usually given to students to allow them to retake one or two repeat exam, but if the student fails the repeat exam, they will need to leave the country.

TUD allows a pass by compensation, so even if she failed by a small margin, as long as she comfortably passed other modules, she should still be allowed to continue. It sounds like she either didn’t do well in other modules either and only barely passed, or did unacceptably bad in this particular module in both attempts of her exams.

She can still enrol in the course and come back some time next year to take the exam, and if passed, she would be able to continue. However, if the module requires her to attend lectures and complete in-person lab work, then there is no way for her to continue. She can find an alternative course if necessary, although there isn’t much time left for this.

Note that her permission is automatically extended to January 2022, fortunately for her, due to COVID. She should use this opportunity to source an alternative course, or discuss with her course coordinator to come up with a different plan.

[optstudent]

Hey littlerr,

Thanks for the reply.

She passed all her other modules and the exam she failed was a non-clinical exam that does not involve any lab work or attending classes. TUD was very strict when we asked them to take into account her circumstances but they said that it was the exam board's decision. However, they said they are happy to give any supporting document needed for the renewal of stamp 2.
This was her 3rd year out of a 4-year course and even if they extend her IRP for another 4 months i.e until January 2022, her end of the year is not until May as the module was in the 2nd term. So, I'm not sure how a 4-month extension would help.
My understanding is that you can stay on Stamp 2 for up to 7 seven years. So, you'll need to have your studies completed in 7 years. Wouldn't she be eligible to have her stamp renewed when she has been in the country only for 3 years and she is closer to finishing her degree?
I assume that if she has to come back to sit her exam in May, she will need to apply for a student visa which will have no guarantee that will be issued by the Irish embassy/immigration office.

Do you have any friends/families who have been in this situation before?

Thanks for your comments/suggestions.

[littlerr]

The seven year limit is based on the assumption that the student progresses to the next stage of study each year.

I had a classmate who failed his second year exams in DIT and had to leave permanently. My partner also has a friend who failed her accounting exam as part of 1A requirement and had to seek for an alternative permission under IIP Scheme. These things happen from time to time, and there is usually no way around them.

She won’t be given a 4-month extension as that’s purely for the basis for retaking the exam in the same academic year.

As I said, in some way, she is fortunate that COVID gave her an auto extension till January 2022. She can try to apply for renewal in the normal way now, in the hope that the officer omits the fact that she did not progress to the next year. Some officers may not pay full attention of the letter contents, especially with the online renewal system.

If that does not work out and the officer does not allow her to progress, then her option would be to either come back next year with a temporary visa to take the exam, or to find a different course provider that is at least on the same level in the National Framework of Qualifications. The second option would be very tight on time as most providers will have started their semester now.