Can I apply from inside the UK? Please help....

[darkcloud20]

Modification to my previous post: And no, you cannot switch to tier 4 from another category. should read "And no, you will not be successful in being able to switch to tier 4 from another category"

You mean I CAN switch to Tier 2 now (from my current Tier 4)?

As you said, I cannot come back to Tier 4 from tier 2. But the GOV website says that I can switch to Tier 4 FROM Tier 2. https://www.gov.uk/tier-4-general-visa/ ... -this-visa

The website says -

You may be able to change (switch) to a Tier 4 (General) student visa if you’re in the UK under any of the following visas or schemes:

Tier 1 (Post-study work)
Tier 2 (General)
Tier 2 (Intra-company transfer)
Tier 2 (Minister of religion)
.........
.........
.........

[keysersoze22]

We are going around in circles here. I'll leave your Tier 2 question to someone else who is more proficient with Tier 2 (Ask in the Tier 2 sub-forum for Tier 4 to Tier 2 switching), but you will not be successful in switching to Tier 4 from tier 2 for the following reason.

"In order to demonstrate academic progression a student must have either successfully completed (meaning they have achieved the qualification for which they were studying) the course for which they were last granted Tier 4 leave or, if they have changed courses with the same sponsor, the course they changed to. A student can demonstrate this by having received the award or through formal written confirmation from their sponsor."

Glad to defer to any other moderators here, as I've offered as much advice as I can.

[darkcloud20]

My previous post contains the rule change that emphasises on this.

what rule change? sorry didn't get it

This changed from the previous rules, where this quote stated "Last granted leave", so you could go down this route you were describing. That has now been plugged.

Sorry I didn't understand this part. Please explain
Thanks...

[darkcloud20]

Hi,
As I understood the new rule, I cannot apply for Tier 4 from INSIDE the UK before my curtailment expires because I have withdrawn from my MSc. Is it correct?

A scenario: I switch to Tier 2 or any other kind of visa (from inside the UK) before my tier 4 curtailment expires. Then I stay in Tier 2 for a year. After that if I want to switch to Tier 4 (from tier 2) from INSIDE the UK, will the Home Office bring the issue of NOT COMPLETING the MSc during the previous Tier 4 ? Is there any clear ruling about it? (in this particular case, I am NOT EXTENDING tier 4 visa, I am coming to Tier 4 from another category.)

If I want to switch to Tier 4 from Tier 2, will HO apply this rule?--

New update https://www.gov.uk/government/uploads/s ... 016-04.pdf - page 34, 5.25 regarding Academic Progression. You have to demonstrate that you have successfully completed the last course you obtained tier 4 leave from.

I think the rule above ONLY applies to someone who is already in Tier 4 and want to extend Tier 4 or apply for new Tier 4 from INSIDE the UK. Am I wrong?
I am confused.
Sorry, please help me

[noajthan]

My previous post contains the rule change that emphasises on this.

what rule change? sorry didn't get it

This changed from the previous rules, where this quote stated "Last granted leave", so you could go down this route you were describing. That has now been plugged.

Sorry I didn't understand this part. Please explain
Thanks...

You are clearly flogging a dead horse here.

You have had your options explained multiple times by very conscientious and patient members.

It's no good clutching at straws by quoting single lines from the Gov UK website (and adding in wishful thinking) - that website just summarises edited highlights and key points.
It is not the legally-binding regulations and, as usual in migration matters, the devil is in the detail.

As to switching to Tier 2, you need to consider is that a viable option.
For example, what skillset, qualifications and experience do you have on offer to the cohort of employer/sponsors?
- not forgetting that such sponsors will have to perform RLMT and offer any position to UK and EU candidates first.

You would be well advised to spend some time and energy on a viable Plan B rather than banking on all eggs in one basket.

[keysersoze22]

Again, please consider Noajthan's post. He has put it elequently and has my full support.

To answer your query before I depart from the thread, please see, again, my quoted text (which you have paraphrased for some reason off the below link?) confirming that yes, this will be an issue if you wish to switch in to tier 4 from any category in the UK.

"In order to demonstrate academic progression a student must have either successfully completed (meaning they have achieved the qualification for which they were studying) the course for which they were last granted Tier 4 leave or, if they have changed courses with the same sponsor, the course they changed to. A student can demonstrate this by having received the award or through formal written confirmation from their sponsor."

https://www.gov.uk/government/uploads/s ... 016-04.pdf

Section 5.25.

Good luck for the future.

[darkcloud20]

@keysersoze22 and @noajthan. Thank you veryy veryy much for the replies.

Is there any one who can help me with the following question please ? I need to calculate whether I will exceed my 5 year cap. But I do Not know the method which HO use to calculate a duration between two dates . Please help me

My question:------

In the HO Tier 4 guidance for sponsors, in page 40 they said --
If granted, the student’s leave would begin on 1 August 2015 and expire on 1 October 2017 (course duration 22 months + 1 month added before + 4 months added after the course). This is a total of 27 months,.....

I calculated from 1 Aug 2015 to 1 Oct 2017 myself, but it does NOT come up as 27 months. Using a day counting software, I found that from 1 Aug 2015 to 1 Oct 2017 = 26 months 1 day (NOT 27 months). How the HO came up with 27 months? I mean how they calculated the duration here? I need to know the procedure which they use to calculate duration, please...

The link for Tier 4 guidance for sponsors: https://www.gov.uk/government/uploads/s ... 016-04.pdf

[darkcloud20]

noajthan, could you please help me with my previous post?

[noajthan]

noajthan, could you please help me with my previous post?

darkcloud20, I do not know about this specific point which is why I have not responded to address that point.

No doubt somebody will but as its a Bank Holiday weekend members may be otherwise occupied.
Stand by.

[darkcloud20]

noajthan, could you please help me with my previous post?

darkcloud20, I do not know about this specific point which is why I have not responded to address that point.

No doubt somebody will but as its a Bank Holiday weekend members may be otherwise occupied.
Stand by.

ohh

[darkcloud20]

Hi all, an issue (i posted before) regarding my curtailment : ----

I have withdrawn from the MSc in April 2016. I have Not get any Tier 4 curtailment letter yet. As I have NOT got any letter, my visa is NOT curtailed yet, right?

For example - HO will curtail my visa Tomorrow (31 May) and my curtailment will end after 60 days (on 29 July). But if I leave UK tomorrow (31 May) for example, there would be 59 days remaining. So if I leave UK 59 days BEFORE my curtailment ends, will this 59 days be included in the CAP? .....

[keysersoze22]

Please can you read the replies more carefully. I addressed this previously.

You:

3) What about the 5 year CAP? Will they consider the time which I spent during MSc ? (note: I did Not do any module during that MSc because of personal reasons)

4) If I leave 15 days before my curtailment finish, will they ignore the last 15 days when counting the 5 year cap ? I am very confused

Me:

3) The time spent on a Tier 4 Visa counts to your cap. It is irrelevant if you were 8 months in to a course and chose not to attend or do any modules. Those 8 months count to your CAP. It is until the point where your visa is curtailed.

4) Best off asking HO about this.

Others will say the same I think - will be a question for HO and borderforce. Furthermore I would be more concerned with the barriers to you continuing your Tier 4 sponsorship or applying for Tier 4 sponsorship than I would the CAP calculations - won't have any success in the UK, and out of the UK you'll be queried on credibility grounds.

In regards to tier 2, i'd wait (or post in t2 section).

[darkcloud20]

@keysersoze22. Ohh Thanks a lot again.
Can u please tell me why I will be queried on credibility grounds ? Because of my severe depression, I could Not complete the MSc, I could Not study. So there is a REASON. It can happen with anyone. I don't understand what is suspicious about it.

[keysersoze22]

I won't play the role of UKVI here, but I would caution you that a severe bout of depression will not stand up at credibility interview if you do not have medical evidence to back this up. If you have sufficient evidence of your condition from doctors/psychiatrists etc that would work in your favor - but this will definitely get questioned by UKVI. Hopefully you have enough evidence to convince - but your (prospective) tier 4 sponsor outside the UK would probably make the judgment before issuing you a CAS. Best of luck!

[darkcloud20]

I won't play the role of UKVI here, but I would caution you that a severe bout of depression will not stand up at credibility interview if you do not have medical evidence to back this up. If you have sufficient evidence of your condition from doctors/psychiatrists etc that would work in your favor - but this will definitely get questioned by UKVI. Hopefully you have enough evidence to convince - but your (prospective) tier 4 sponsor outside the UK would probably make the judgment before issuing you a CAS. Best of luck!

ohh. what will happen if there is Not medical evidence?

[CR001]

You won't succeed. If you claim something and have no documentary evidence to support it, then how can you expect UKVI/HO to believe you. It is easy for anyone to say 'I was sick' and many people have tried to use this as an excuse in the past.

[keysersoze22]

Please do not skip over CR001's post. While you may think it is a personal attack that you would need to prove your medical condition to UKVI, it is unfortunately a reality in these sort of applications. If you have no evidence please consult Noajthan's post - you should find a Plan B, because you will meet a degree of resistance from any potential sponsor and your illness scrutinized by UKVI on credibility grounds. Look for a Plan B (Other countries offer the same standard of education as the UK).

[darkcloud20]

Please do not skip over CR001's post. While you may think it is a personal attack that you would need to prove your medical condition to UKVI, it is unfortunately a reality in these sort of applications. If you have no evidence please consult Noajthan's post - you should find a Plan B, because you will meet a degree of resistance from any potential sponsor and your illness scrutinized by UKVI on credibility grounds. Look for a Plan B (Other countries offer the same standard of education as the UK).

you mean any potential sponsor from only UK? or any other country?

[keysersoze22]

I only refer to UK sponsors. Other countries immigration rules I don't assist with.

[darkcloud20]

I only refer to UK sponsors. Other countries immigration rules I don't assist with.

oh ok . Thanks a lot. Now the situation is I do NOT know whether HO has curtailed my visa yet. What is the fastest way to know that? I want to know what is the NEW expiry date of my current leave. I sent email to this address tier4curtailments@homeoffice.gsi.gov.uk many times, BUT every time the email has FAILED to be delivered. There is a email comes every time from "postmaster@homeoffice.gsi.gov.uk" saying -

Delivery has failed to these recipients or groups:
tier4curtailments@homeoffice.gsi.gov.uk
The email address that you entered couldn't be found. Check the address and try resending the message. If the problem continues, please contact your helpdesk.
................
.........

I even called the HO and they gave me the SAME email address which I tried already many times.
What can I do?

[noajthan]

I even called the HO and they gave me the SAME email address which I tried already many time.
What can I do?

Have you tried this number?
https://www.gov.uk/contact-ukvi/sponsor ... -education

And/or reported the problem with email via here:
https://www.gov.uk/contact-ukvi/technic ... ing-online

[darkcloud20]

I have Not tried this number- 0300 123 4699. This number is for Employer and Education helpline as the website is saying. Is this number for me as well?

If I call this number, can they tell me my NEW expiry date over the phone?

[noajthan]

This number 0300 123 4699 is for Employer and Education helpline. Is this number for me as well?

If I call this number, can they tell me my NEW expiry date over the phone?

Try and see. If not the correct portal maybe they can redirect you.

[darkcloud20]

This number 0300 123 4699 is for Employer and Education helpline. Is this number for me as well?

If I call this number, can they tell me my NEW expiry date over the phone?

Try and see. If not the correct portal maybe they can redirect you.

Do u know is there any other email address about curtailment?

[noajthan]

Do u know is there any other email address about curtailment?

You can report the technical problem on the other link I also just posted.
Otherwise its just your friend google.

Tomorrow is another day - get some rest; start fresh, call that number.