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Advice Needed

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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TheSpread
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Advice Needed

Post by TheSpread » Tue May 22, 2012 6:25 pm

Hi,

So I am on a PSW visa at the moment after studying for 5 years here all the way up to a masters level from a bachelors. I worked straight after I switched to the PSW though I had a plan to switch back to Tier 4 to pursue a course in the arts which is completely different from the finance degrees I undertook and completed previously.

I was raising the finances and planning to start my course in the arts this year but I have been going through all of the visa changes and it seems the new changes might come in as a hurdle. Quite nervous really. Firstly I have pretty much reached my limit of 5 years at degree level but the course I was hoping to start is actually a 2 year full time diploma with a highly trusted sponsor. I know the rules state that there is a 5 year limit at degree level and 3 years at non/below degree level, so I was wondering whether I might have a chance of being accepted...subject to the college accepting my application and agreeing to issue me with a CAS of course.

Secondly, the question of academic progression then comes into question. As someone who studied finance and worked in the industry for some years I had always wanted to pursue my passion in the arts, so the new course I will be doing will be completely different, which is the other big hurdle. What can I do here? The course is quite exclusive to the UK so it would be such a shame not to be able to study here.

Any advice would be much appreciated.

Thank you in advance,

TheSpread

Greenie
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Post by Greenie » Tue May 22, 2012 6:31 pm

what do you mean by a 'two year diploma' what is the title of the course - what qualification does it lead to?

TheSpread
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Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Post by TheSpread » Tue May 22, 2012 6:44 pm

Thank you for the prompt response.

It's a creative media diploma at NQF level 3. From what I have been reading this will pose as a hurdle as I already have a masters, I have been doing some creative media work for the last 2 years and had hoped to improve my skills through formal education.

Greenie
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Post by Greenie » Wed May 23, 2012 12:50 pm

the 5 year at degree level rule will obviously not effect you because a diploma at NQF level 3 is (way below) degree level. I cannot see how any tier 4 sponsor could possibly justify that you are making academic progression by taking a course at NQF level 3 after having been awarded a master's degree.

There is a 3 year limit on degree level study under tier 4 but I assume you would not be affected by this however the main issue is the academic progression. I would suggest you speak to the college concerned and find out if they would be likely to issue you a CAS in such a scenario otherwise you may find you are just wasting your time.

What college are you hoping to study at - unless it is an HEI or a publicly funded HE college (i.e. not a private college) you will not be able to work.

TheSpread
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Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Post by TheSpread » Wed May 23, 2012 9:45 pm

Thank you again for your reply.

It is a private institution so I am aware I will not be allowed to work but I do not mind really as I just want to get the tutoring and qualification which would improve my skills (hopefully anyway). My family have agreed to support me through my studies and I can work abroad during the vacations.

If the school were to agree to issue me with a CAS as they have assessed examples of some of my work which I submitted with my application and commented on how impressed they were by the standards, would it be any use submitting my application if the UKBA case worker was likely to go through the same process of looking at academic progression etc? or is it that if the college is willing to issue me with a CAS then the UKBA are usually OK issuing the visa...granted I meet all the other requirements of course? I know this is asking too much but have there been any recent cases when a case worker was sympathetic?

TheSpread

Greenie
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Post by Greenie » Wed May 23, 2012 10:04 pm

You need to ask the college if they would be willing to issue the Cas and if so how they will justify that this is academic progression. Ukba would usually expect you to be moving up a level or in the alternative staying at the same level if the new course complementary to your previous course. Going down four levels is highly unusual. The fact they are impressed with your work is not relevant.

TheSpread
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Joined: Wed Feb 17, 2010 12:00 am

Post by TheSpread » Wed May 23, 2012 10:30 pm

Ok thanks Greenie! Always good to get someone elses perspective. I guess the other option would be to raise 50K+, re-register as self-employed and go for the entrepreneurial route with which I will be able commence and complete my studies...the only problem is raising the funds.

TheSpread
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Joined: Wed Feb 17, 2010 12:00 am

Post by TheSpread » Thu Jun 07, 2012 10:57 pm

Hi again,

I recently saw somewhere, not sure where exactly, that an application for a Tier 4 student visa can only be made no more than 1 month before the start date of a course, but I have also read in the forums here that it is no more than 3 months. Can anyone clarify as well as point me in the right direction. I have scoured the policy guidance document on the UKBA site and there is no section where it states that.

I am currently based in the UK and my course will be starting in August with a registration mid July, I was hoping to make an application at the end of next week.

Thanks.

Greenie
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Post by Greenie » Thu Jun 07, 2012 11:04 pm

See para 29 of the policy guidance. See also para 90.

TheSpread
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Post by TheSpread » Thu Jun 07, 2012 11:29 pm

Thanks Greenie! It certainly would not be possible to miss the registration. Registrations are usually 1 week - 1 month before classes actually start (as in my case). I certainly hope the delays for visa processing have been resolved as this rule would mean those applicants hoping to start at an A-rated college and below would not be able to start as if the application were still in progress/pending, one can only start studying at Highly Trusted Sponsors and not the rest. I might have to contact the college and UKBA tomorrow to find out what I can do here. I guess they were expecting me to quit my work months ago, go home and wait months and months for a new application.

Greenie
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Post by Greenie » Fri Jun 08, 2012 5:55 am

Have you actually been issued a Cas yet? What is the start date of your course and when does your current leave expire?

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