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PSW to Student + Overstay enquiry

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

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Marcjacobs13
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Posts: 4
Joined: Mon Sep 09, 2013 11:41 pm

PSW to Student + Overstay enquiry

Post by Marcjacobs13 » Mon Sep 09, 2013 11:56 pm

Hello everyone,

I believe I have quite a difficult situation.
I've been in England for a total amount of almost 6 years, 4 as a student and 2 under PSW, my PSW expires in November and I'm applying for a masters that starts in January. I'll apply for the student visa as soon as possible if I get accepted at the university.
I am also doing a short course that ends on the 2nd of December.
Hypothetically, if I am accepted at university and given a student visa it will probably start until December (because student visas are given 1 month before the start of the course right?) can I overstay for like 2 weeks after the expiry date of my PSW and before my new student visa begins? Just so I can finish my short course?
I read that the max. period to over stay is 28 days but not sure if its true.

Any comments and suggestions are much appreciated, thanks in advance!

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Sep 10, 2013 12:21 am

28 days overstaying the current leave is acceptable but still the date between the course start date and visa expiry date must not exceed 1 calendar month and academic progression rule will more likely prevent you any short course/low level course because you already spent 4years on student.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Re: PSW to Student + Overstay enquiry

Post by Deviser » Tue Sep 10, 2013 9:40 am

Marcjacobs13 wrote:Hello everyone,

I believe I have quite a difficult situation.
I've been in England for a total amount of almost 6 years, 4 as a student and 2 under PSW, my PSW expires in November and I'm applying for a masters that starts in January. I'll apply for the student visa as soon as possible if I get accepted at the university.
I am also doing a short course that ends on the 2nd of December.
Hypothetically, if I am accepted at university and given a student visa it will probably start until December (because student visas are given 1 month before the start of the course right?) can I overstay for like 2 weeks after the expiry date of my PSW and before my new student visa begins? Just so I can finish my short course?
I read that the max. period to over stay is 28 days but not sure if its true.

Any comments and suggestions are much appreciated, thanks in advance!
You are mixing up the 28 days overstay with 30 days course gap. Technically, there is no relation between these 2 periods as both belongs to totally different rules.

Whatever you said above, it will not work and you actually destroy your immigration history. The best thing is get admission in a course which start in October.

Marcjacobs13
Newly Registered
Posts: 4
Joined: Mon Sep 09, 2013 11:41 pm

Post by Marcjacobs13 » Tue Sep 10, 2013 11:07 am

Thanks for your replies.

So basically I can't get another student visa after my PSW if there's more than a months gap between the expiry date of my PSW and the start of the course?
Even if its the next level up? Like going from BA to MA?

Also, technically isn't one given the student visa a month before the start of the course? I.e. if it expires on Nov. 23rd and the new student visa starts on Dec. 13 because course starts on Jan. the 13th. Does the 1 month period apply there as well?

Sorry if its too confusing! I find it very confusing

Marcjacobs13
Newly Registered
Posts: 4
Joined: Mon Sep 09, 2013 11:41 pm

Post by Marcjacobs13 » Tue Sep 10, 2013 12:12 pm

Students applying from inside the UK
110. If you are applying to continue your studies in the UK, your new course must start within 28 days of the expiry of your permission to say or, if you have overstayed, within 28 days of
when that period of overstaying began.


What if I apply from outside the UK?

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Sep 10, 2013 4:54 pm

Marcjacobs13 wrote:Students applying from inside the UK
110. If you are applying to continue your studies in the UK, your new course must start within 28 days of the expiry of your permission to say or, if you have overstayed, within 28 days of
when that period of overstaying began.


What if I apply from outside the UK?
You are really in a tricky situation because on one hand overstaying 28 beyond leave is acceptable but on other hand as per tier 4 policy the difference between new course and visa expiry date must not exceed 1 month. You must write them and ask its explanation/clarification in writing as a safe side if you really interested in applying inside the country.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Marcjacobs13
Newly Registered
Posts: 4
Joined: Mon Sep 09, 2013 11:41 pm

Post by Marcjacobs13 » Tue Sep 10, 2013 8:11 pm

I thought it would be fine if I applied for the student visa for the masters before the expiry date of my current PSW.

Where can I find info on contacting them?

Thanks

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