Urgent Help on Tier 4 Exam resit within UK

[stay order]

My current visa is expiring in 2 weeks and I have to sit in resit in one paper in 3 weeks. I was shocked after I heard that I have to travel back to my country to get either Tier 4 or student visitor visa. It is impossible at this stage for me. I am on postgraduate course.

Is there any new rule that students have to apply for a entry clearance for resits?

Cant I apply for leave to remain within UK for exam resit. university is ready to give me new CAS in couple of days.

Please help if you need any info

[member]

When are you leaving the UK after resitting the exam?

[keysersoze22]

Academic Progression rules for the most part and/or the 60 day engagement rule will trip you up. 60 Day engagement rule = No attendance requirement in the last 60 days, can't justify a new CAS. Likewise, academic progression rules = if there is no teaching requirement (aka just a resit), then it doesn't justify academic progression. Your University are being cautious as there has been a spate of Visa Refusals in the sector about this very issue unfortunately.

[ecaLegal]

LTR is probably impossible, as the university won't sponsor you, as mentioned already. There is a fairly solid concession that anyone overstaying for up to 28 days will not be affected in future visa applications by this short overstaying. You would still be an overstayer, and technically liable for removal, but this is unlikely. Not ideal, but that would allow you to sit your exam. Possible problems would be if the university refuses to let you sit the exam as an overstayer. without knowing more about your situation, and what you plan to do after the exam, it's hard to advise properly, but that option exists - to stay an extra week, sit your exam and leave. Do investigate this fully with reference to your own situation.

[sah10406]

Is there any new rule that students have to apply for a entry clearance for resits?

No. Who is saying you need to apply in your home country, and what reason are they giving?

Cant I apply for leave to remain within UK for exam resit. university is ready to give me new CAS in couple of days.

From the information you have given, I would say yes you can. Applications for re-sits are exempt from requiring Academic Progression, as per paragraph 52 of the Tier 4 Policy Guidance, and equivalent paragraph of the Sponsor Guidance.

[ecaLegal]

Oh, I didn't notice that the university are happy to issue a CAS! Full marks to your university! Should be fine, and I would presume they've checked your documents too, so should be fine.

[stay order]

Oh, I didn't notice that the university are happy to issue a CAS! Full marks to your university! Should be fine, and I would presume they've checked your documents too, so should be fine.

if the university gives a cas with the different course end date would i be able to get few months extra visa after the new course end date?
please hep i appreciate