Graduate route + fee waiver app to "buy time" until results published

[sah10406]

It appears some solicitors are recommending fee waiver applications if someone's results come out after their Student visa has expired, and they want to "buy time" until they can apply under the Graduate route. As the educational charity UKCISA says in a news story from 13 July 2022, it is a terrible idea which could have disastrous consequences.

https://www.ukcisa.org.uk/studentnews/2 ... uate-route

There are some legitimate options instead. UKCISA advises you can still apply under the Graduate route if:

* your results can be published earlier than planned, before the end of your Student permission (this is unlikely, but you can ask)

* you have not yet reached your formal end date of your course and your sponsor issues a Confirmation of Acceptance for Studies (CAS) to support an extension of your Student route visa [...]

My comment: For some reason some universities say UKVI rules do not allow them to do this. This is incorrect, and I would advise you ask them to show you what rule they mean! They cannot do it simply if you are waiting for your results. But if you still have studies to complete within what was originally the +4 month period (eg. a new hand-in date, corrections or a re-sit), they can sponsor you for an extension until that new course end date. A visa will be granted until the new end date + the normal +4 months. This will allow time to apply under the Graduate route. To reiterate, it does not matter that the new course end date is within the Student permission you already have.

* your Student permission ends on or before 30 September 2022 and you are still in the UK with a valid exceptional assurance when your results are published.

Exceptional assurance is a concession that was introduced during the COVID-19 pandemic for people whose permission is ending and who cannot leave the UK. Evidence of this has to be provided when applying for exceptional assurance. It gives "short-term protection against any adverse action or consequences after your leave has expired". Having an exceptional assurance also allows someone to make another immigration application in the UK, if eligible, including under the Graduate route. For more information, see the Home Office guidance Coronavirus (COVID-19): advice for UK visa applications and temporary residents.

My comment: Note the words in bold. An exceptional assurance is for people who cannot leave the UK for reasons related to the pandemic. It is not for someone who can leave, but who prefers to stay and needs to buy some time before they can make a new Student or Graduate application.

See https://ukcisa.org.uk/Information--Advi ... layer-6890

[Tan2786]

Thank you for providing this useful information. I requested a CAS to extend my visa before the end of my course; but the university refused because I should be able to complete my studies before my visa expires.

My last exam was on June 15th, and my visa expired on June 30th, 2022. I spoke to a solicitor and they advised me to apply for a fee waiver. It gave me enough time to wait for my results and submitted my Graduate route application on 20th July.

I’m so worried and confused after reading the UKCISA article. I have never been refused a visa for either the UK or any other county. It appears my GR application could now be refused on the grounds of deception and will also ruin my future career prospects.

Please advise me on what I should do now.

[sah10406]

You should have challenged the university's decision to not a issue a CAS. That is what has led to the current situation.

I also don't understand how, if they were not happy to issue a CAS for you to extend your Student visa, they were still happy to confirm to UKVI that you were eligible for the Graduate route, knowing that you did not have the required Student visa.

Which university is this?

I advise you speak to your solicitor urgently, showing them the UKCISA news story, and ask them for their advice and comments. It seems clear that an application for a fee waiver is not an immigration application, and it only protects you from being an overstayer and extends your Student visa in respect of a future Human Rights application.

[vinny]

A solicitor reported success in varying an in-time valid undecided FLR(HRO) application to the Graduate route.

[sah10406]

A solicitor reported success in varying an in-time valid undecided FLR(HRO) application to the Graduate route.

Yes, that (or varying pretty much any other type of valid undecided application) would be fine because the applicant still has Student permission via 3C and so they meet Appendix Graduate GR 1.3. I can't see how only having made a fee waiver application would meet it. Never mind the other issues around deception that the UKCISA article talks about.

[JB007]

A solicitor reported success in varying an in-time valid undecided FLR(HRO) application to the Graduate route.

I can see why the UK is bringing in changes to stop the abuse on Human Rights applications-

Bill of Rights to strengthen freedom of speech and curb bogus human rights claims

... it will help prevent trivial human rights claims from wasting judges’ time and taxpayer money. A permission stage in court will be introduced requiring people to show they have suffered a significant disadvantage before their claim can go ahead.

https://www.gov.uk/government/news/bill ... hts-claims

[vinny]

If no decision was reached before the applicant varies the in-time valid application, then no judges’ time nor taxpayers’ money were spent? Then it’s not actually a waste of judges’ time and taxpayers’ money? As @sah10406 mentioned, it may have been any application in a different category. It’s a lawful way to use the waiting times to the applicants’ advantage.

I think the Human Rights Act was meant to stop people, including a State, from abusing Human Rights. Hence, Russia’s similar actions. Likewise, AFAIAA, this was an undiscussed topic.

[kiwigrassy]

Thank you for providing this useful information. I requested a CAS to extend my visa before the end of my course; but the university refused because I should be able to complete my studies before my visa expires.

My last exam was on June 15th, and my visa expired on June 30th, 2022. I spoke to a solicitor and they advised me to apply for a fee waiver. It gave me enough time to wait for my results and submitted my Graduate route application on 20th July.

I’m so worried and confused after reading the UKCISA article. I have never been refused a visa for either the UK or any other county. It appears my GR application could now be refused on the grounds of deception and will also ruin my future career prospects.

Please advise me on what I should do now.

I was in a similar situation since the University refused to issue a CAS for me. I applied for FLR (0) and vary the application to Graduate Route after receiving my official results. The application was successful and received my GR visa yesterday

[sah10406]

I was in a similar situation since the University refused to issue a CAS for me. I applied for FLR (0) and vary the application to Graduate Route after receiving my official results. The application was successful and received my GR visa yesterday

To clarify information already given above, this is not a similar position to OP. It is absolutely fine and normal to vary a different type of application to a Graduate application, as you did.

OP's question, this topic and UKCISA's warning are not about varying a different type of immigration application, but about only applying for a a fee waive, which is not an immigration application and which includes that you have the basis and the intention to make a Human Rights based immigration application in the future.

[Tan2786]

Dear all

I have a good news. I got my Graduate Route visa yesterday. The misleading article published on UKCSA website has caused me a great deal of distress and worry. If you find yourself in my position, get the advice of a competent solicitor or immigration adviser.

[sah10406]

That's very good news.

UKCISA's news story seems sound as general information and signposting. It explains clearly why they urge caution doing what you did, and how and why it could go wrong.

Again, very good news that in your case it went right.

[splendid12345]

Dear all

I have a good news. I got my Graduate Route visa yesterday. The misleading article published on UKCSA website has caused me a great deal of distress and worry. If you find yourself in my position, get the advice of a competent solicitor or immigration adviser.

Hello, Tan2786. Now I am in the same situation as yours I had applied for the fee waiver but before the decision of it I applied for my Graduate Visa, what can you advise me on this or provide more confidence since I am waiting for the decision of my GR, please?