Graduate Visa & Resits

[byz777]

Greetings.

I'm currently a 12-month Master student on a visa which expires on 30 January 2023. Unfortunately I am very likely going to fail a module. The resists will take place in probably in November/December/January results will only come out in March 2023 and the award of the degree 1st April. I wand to apply for the graduate visa, but obviously that requires me to successfully complete my course before my current visa expires. There is the added complication with the ongoing marking boycott as well.

I understand my best option is for my university to extend their sponsorship to a new later date, but that might be difficult. I have spoken to immigration advisors who have dealt with similar cases for students from my university and said they are quite strict in this aspect. My plan is to see if I can get my department/teacher for the module to say that I need to physically be in the UK to study for that module and to establish a fixed contact point, though there is no guarantee at all that they would agree. Does anyone know how I can best get my university to agree to an extension of my current student visa?

As said before, I have discussed my case with some immigration advisors. I have been advised to either make a graduate visa application or an FLR visa application, in order to get a 3C leave, before my current leave expires, choose to provide my biometric information in person, and do that as late as possible (63 days I think). This should allow enough time for my university to issue the results. I have learnt that occasionally UKVI may ask the university before the applicant provides their biometric information, and rejects the application as invalid, which will nullify the 3C leave. This is not ideal obviously, despite the period of overstaying will be disregarded by UKVI.

I also learnt that an FLR visa application may have potential implications. For example when it gets rejected I will only have my passport back at the airport when I leave the country, which I do not want to do. Can anyone share anything regarding that? Are there any advantages for me to use this visa, rather than the Graduate Visa, to 'buy time'?

I also came to the UK in August 2014, but left the country for a year during COVID since I was suffering from mental health issues and deferred my studies, hence visa curtailed. I think it might be an option to apply for the long residence route to 'buy time', the idea being the same as above. Of course I know it will get refused, but the end goal is still to buy time for the Graduate Visa. Do you think it is a viable option?

Of course I am trying to find a job with visa sponsorship, and it would be the best case for me if that happens, but I would still want to Graduate Route opportunity to stay in the UK.

My sincere gratitude in advance for anyone who shares their thoughts.

[meself2]

For example when it gets rejected I will only have my passport back at the airport when I leave the country, which I do not want to do.

What do you mean? Who is going to take your passport?
As far as I know, you upload documents online and don't send your passport anywhere.

Also, what kind of a FLR application do you mean and on what basis? FLR just stands for "further leave to remain".

[byz777]

For example when it gets rejected I will only have my passport back at the airport when I leave the country, which I do not want to do.

What do you mean? Who is going to take your passport?
As far as I know, you upload documents online and don't send your passport anywhere.

Also, what kind of a FLR application do you mean and on what basis? FLR just stands for "further leave to remain".

The idea is not to get the visa finally, but to use the time allowed to submit the biometric information to get 3C leave. So I think either HRO or IR works.

I was just advised on the passport-taking aspect by an advisor. I presume since the idea is to submit the documents & biometric information in person, it is logical that that involves submitting one's passport?

[meself2]

I presume since the idea is to submit the documents & biometric information in person, it is logical that that involves submitting one's passport?

Yes, but digitally? You're not giving your passport away when giving your biometrics in this case, it's used just to establish your identity. You have it on you throughout the process, there's no need for UKVI to have it - they'll send you a BRP if application is approved, no need for a visa sticker.

[sah10406]

For example when it gets rejected I will only have my passport back at the airport when I leave the country, which I do not want to do.

Where are you getting this idea from? You keep your passport throughout any application for permission to stay.

But moreover, even if this were correct why would you need your passport anyway? Travelling outside the common travel area would withdraw any pending application for permission to stay.