student entry clearence and consequences

[coyote]

Consider a case where one who is currently in UK, having entered as a student, but now wishes to stop studying and work full time by moving to WP or HSMP.

1. If she has finished the degree it's straightforward. She doesn't have to leave UK to move to a settlement category.

2. But if she hasn't finished the degree, can she still leave UK and then apply for entry clearence for a WP or HSMP? Would it be considered an immigration offence that she didn't complete the degree? Would it be used against her other entry clearence applications such as WP/HSMP? If so, what are documents that she can provide to assuage the case officer?

In her case, there's no financial or other reasons except that she has decided that studies is not for her and wants to work. But I guess the CO wouldn't be impressed by this fact.

[Kayalami]

That you no longer want to study is your personal business. Your continued stay in the UK though is Home Office business. If you meet the rules for the WP visa category you will be granted the WP Entry Clearance - naturally the ECO would consider your previous stay in the UK to make sure for example that you are not under a deportation order.

[coyote]

Ok, this is the case of a postgraduate student looking at the possibility of moving to the work without committing any offences in the process.

According to the rules of switching it's clear that an EC is not required only if she's completed a degree in UK.

Could you please advice if any of the following is an offence for someone in fulltime studies on a student visa and hasn't completed a degree yet in UK.

1. An employer who has employed her part time (less than 20 hours per week) wishes to offer her a full time job. Both understand that the status needs to be changed and cannot be switched while in UK. However, Can he apply for a workpermit for her while she's still continuing in UK as a student? If the WP is approved she'd stop studies and go to her home country and apply for an EC to enter back for work. Or is it an offence for the employer to make the WP application for a student in the first place?

2. Can she, while a student in UK, apply for an HSMP? (if approved she'd go back to her home country and apply for a new EC). However, is making such an application, while in UK as a student, an offence?

If she leaves UK right away then the studies will be disrupted and still there wouldn't be a guarantee for a WP/HSMP approval. However, if none of the above are not offences she may remain in UK and once approved go home to make the EC. She would be providing supporting documents for paid tuition fees and evidence of course attendence/research from the university.

At that point only offence an ECO could come up with is that she might have gone to UK to look for jobs instead of as a genuine student. This could be appealed against since she could have gone there as a tourist if she'd wanted to and instead she'd gone for a PhD in a good university with genuine academic intentions.

Any suggestions would be greatly appreciated.

[adindas]

Hi Mate
Did you pay your tuitution fee after you enter the UK ?
Your decision that you do not want to attend school was decided before you arrived in the UK or after you arrived in the UK ?. I believe most people make decision before entering UK not after living in the UK.

HO know like many people in this forum that quite reasonable number of students who just want admision letter from university to get the student VISA. Once the enter UK this student just work in the UK and do not bother about their study, tuititon fee. This is very unfair to to genuine students.

The live as Bogus students in the UK become tougher.
Adindas

Consider a case where one who is currently in UK, having entered as a student, but now wishes to stop studying and work full time by moving to WP or HSMP.

1. If she has finished the degree it's straightforward. She doesn't have to leave UK to move to a settlement category.

2. But if she hasn't finished the degree, can she still leave UK and then apply for entry clearence for a WP or HSMP? Would it be considered an immigration offence that she didn't complete the degree? Would it be used against her other entry clearence applications such as WP/HSMP? If so, what are documents that she can provide to assuage the case officer?

In her case, there's no financial or other reasons except that she has decided that studies is not for her and wants to work. But I guess the CO wouldn't be impressed by this fact.

[coyote]

adindas,

Does ranting about bogus students wins you brownie points? You seem to do it in all your other posts.

As for this post, RTFP again.

[adindas]

Nope, Not at all my friend
-I just want to remind people that bogus students make other people difficult.

-Genuine students are becoming more difficult to get VISA. This is unfair

-As far as I know this forum against the posting of enquires which abuse the immigration system.

Adindas

Does ranting about bogus students wins you brownie points?
You seem to do it in all your other posts.

[coyote]

As far as I know this forum against the posting of enquires which abuse the immigration system.

Correct me if I'm wrong. But I thought my questions were not about abusing the system but about exploring ways how a particular student can change to the correct visa under circumstances not clearly articulated in the current documentation found in the web.

I agree there are people who want to abuse any system under any circumstances. But there are more law abiding people than not. However, they make mistakes which are totally unintentional and are put in the same bucket. Everyone's not a lawyer. So I believe forums like these help such people stay on track or atleast point that professional help is to be sought at.

While you're rightly concerned about bogus students, please don't let it cloud your thoughts so as to drive away genuine people seeking suggestions. Had you read my questions you'd have figured out that it was all about not staying one day longer in a wrong status.

[Kayalami]

1. An employer who has employed her part time (less than 20 hours per week) wishes to offer her a full time job. Both understand that the status needs to be changed and cannot be switched while in UK. However, Can he apply for a workpermit for her while she's still continuing in UK as a student? If the WP is approved she'd stop studies and go to her home country and apply for an EC to enter back for work. Or is it an offence for the employer to make the WP application for a student in the first place?

The WP application can be made whilst the person is studying. The WP application form though must be ticked in the appropriate 'out of country' section for an 'out of country'/EC based WP approval letter. If its not you get an 'in country' approval letter which is no good to you as you can't switch.

2. Can she, while a student in UK, apply for an HSMP? (if approved she'd go back to her home country and apply for a new EC). However, is making such an application, while in UK as a student, an offence?

IIRC there is no 'out of country' option in the HSMP form for those living in the UK. As such you will get an 'in country' HSMP approval letter which is no good to you due to the no switch provision. To get an 'out of country' approval you would have to be an out of UK applicant which you are not. Nothing to stop you switching from WP to HSMP once you are back. You are more likely to have a smoother WP EC process compared to the HSMP EC process as you will have confirmed employment and thus more readily meet the 'can maintain without recourse to public funds' rule.

If she leaves UK right away then the studies will be disrupted and still there wouldn't be a guarantee for a WP/HSMP approval. However, if none of the above are not offences she may remain in UK and once approved go home to make the EC. She would be providing supporting documents for paid tuition fees and evidence of course attendence/research from the university.

It makes sense to have the relevant approvals prior to leaving the course.

At that point only offence an ECO could come up with is that she might have gone to UK to look for jobs instead of as a genuine student. This could be appealed against since she could have gone there as a tourist if she'd wanted to and instead she'd gone for a PhD in a good university with genuine academic intentions.

People's plans change but such would be reviewed in the context of the new EC (in this case) being sought etc. Based on the detail you provide and subject to the applicant meeting all the other rules pertaining to WP scheme then granting of a WP EC should be a relatively straightforward case. As a side issue (and with respect) I can't help feeling though you wan't cast iron guarantees that EC will be approved. Such are never 100% and I doubt any one can vouch otherwise.

[coyote]

Kayalami

Thanks for all the helpful suggestions. That clarifies a lot of things. BTW, I can't help commenting that the British immigration system is very complex and full of surprises underneath a simple facade. So British.