Switching from Tier 1 to Tier 4

[mohammed1980]

Hello
Has anyone out here switched from Tier1 Entrepreneur visa to Tier4 student visa form outside/inside UK ?
I am on T1E visa planning to join PhD in Management.
Thanks

[sah10406]

You cannot switch in the UK, only by doing a visa application in your home country.

[mohammed1980]

You cannot switch in the UK, only by doing a visa application in your home country.

Yes, planning to go to India to apply. Has anyone done before in this forum?

[sah10406]

What aspect of the application is concerning you exactly?

[mohammed1980]

What aspect of the application is concerning you exactly?

I become eligible for ILR after 3 years. But I am worried since I have to go to India to apply.
I hope that does not break the continuity. My visa is still valid till March 17 and I am going to apply for T4 visa before Dec 16.

[CR001]

As long as your absence is 180 days or less it should not be a problem for ILR LR.

[mohammed1980]

As long as your absence is 180 days or less it should not be a problem for ILR LR.

Thanks a lot.

[mohammed1980]

I need some help from anyone who has undergone a similar situation like mine.

I will be finishing 10 years in 2019. Presently I am on Tier 1 entrepreneur visa but instead of extending it, I want to go to India and apply for Tier 4 visa.

One university said following -

• since you came to the UK in 2009 on student visa, then switched to PSW, then to Tier 1 EV, home office will reject your case if you now apply for Tier 4.

• DBA is not academic progression for MBA

"

How far is this true? Why should they reject my visa for joining back studies after 5 years? Can a solicitor help in taking up my case?

[noajthan]

What is 'DBA' - do you mean some form of IT technical training? or Doctor of Business Administration?

And on what basis has this university said this? what authority?
Did they understand you meant DBA not DBA ? - and from where you may apply?

[noajthan]

Posts merged.

[Frontier Mole]

Tier 1EV was and is so abused any move away from it to another PBS route is considered with a hefty degree of scepticism. There is no authority on this just an anecdotal experience within the educational sector.
It is hard to change from tier1EV as the genuine student test places a great deal of emphasis on why would you not carry on with your business in favour of returning to study again...
The OP answers his own question, the business will not be meeting the requirements to extend under tier 1EV and he wants to access ILT under long term residency. In other words stay at any cost...

Hence the uni is saying in a round about way we are not going to give you a CAS because it is a high risk possibility of refusal and given the BCA criteria it is not a worthwhile risk to take.

[mohammed1980]

What is 'DBA' - do you mean some form of IT technical training? or Doctor of Business Administration?

And on what basis has this university said this? what authority?
Did they understand you meant DBA not DBA ? - and from where you may apply?

DBA is Doctor of Business Administration and the said university runs the program.

Since I am going to apply from India, the academic progression rule does not apply to my case. And even if it does, doctorate is an academic progression after masters.

Legally, they have no right to refuse an application purely on the basis of probabilities.

[mohammed1980]

Tier 1EV was and is so abused any move away from it to another PBS route is considered with a hefty degree of scepticism. There is no authority on this just an anecdotal experience within the educational sector.

It is hard to change from tier1EV as the genuine student test places a great deal of emphasis on why would you not carry on with your business in favour of returning to study again...

The OP answers his own question, the business will not be meeting the requirements to extend under tier 1EV and he wants to access ILT under long term residency. In other words stay at any cost...
This could be true that the business was not running successfully hence could not meet the extension criteria. It could also mean that to run the business successfully you need more in-depth study or research in your chosen business. That does not make one a counterfeit... It is better to study and have better understanding about running a business than to apply for extension showing you have employed 2 settled workers when your business was in loss... I am going to write this in my cover letter.

Hence the uni is saying in a round about way we are not going to give you a CAS because it is a high risk possibility of refusal and given the BCA criteria it is not a worthwhile risk to take.
What is BCA criteria?

Thanks for responding. I have replied above in bold italics.

[Frontier Mole]

BCA is the yearly assessment tier 4 licence holders have to pass to maintain their licence.
Refusal rate is a large part of that assessment hence the reluctance to issue a CAS where there is a possibility that the visa will not be granted.

[Frontier Mole]

Double post

[noajthan]

DBA is Doctor of Business Administration and the said university runs the program.

Since I am going to apply from India, the academic progression rule does not apply to my case. And even if it does, doctorate is an academic progression after masters.

Legally, they have no right to refuse an application purely on the basis of probabilities.

No visa is guaranteed.
If there is an element of discretion in the decision-making process, based on credibility, balance of probability, track record (or other factors), then there is always even more room for refusal.

[mohammed1980]

DBA is Doctor of Business Administration and the said university runs the program.

Since I am going to apply from India, the academic progression rule does not apply to my case. And even if it does, doctorate is an academic progression after masters.

Legally, they have no right to refuse an application purely on the basis of probabilities.

No visa is guaranteed.
If there is an element of discretion in the decision-making process, based on credibility, balance of probability, track record (or other factors), then there is always even more room for refusal.

I was saying the university has no right to refuse me admission only because I am going to complete 10 years of stay in UK after 2 years.

I think it is a new university and therefore they are being extra careful or they might have had issues with other students where there was a risk of them losing their licence.

[noajthan]

I was saying the university has no right to refuse me admission only because I am going to complete 10 years of stay in UK after 2 years.

I think it is a new university and therefore they are being extra careful or they might have had issues with other students where there was a risk of them losing their licence.

Remember it takes two to tango. A visa is not all about the applicant; the country has wants/needs too.

A university is not an immigration office. They will have no interest in your migration trajectory. And its unclear how you could force acceptance simply because you wish to complete 10 years.
They will have interest in preserving their sponsor status and recruiting fee-paying students that are compatible with maintaining that status.

[Frontier Mole]

You can not compel an educational establishment to issue you a CAS. There is no compulsion in law for them to do so, it is entirely at their gift and is not something you can seek redress for if they decide not to.
If they consider you at risk of refusal then that is their decision and theirs alone.
The very fact they have entered into discussions and that they have identified you as a risk of refusal then it is unlikely that they will issue you a CAS. It might be a better option to seek another less risk adverse establishment that may have more room to manoeuvre with their refusal rate.

[keysersoze22]

All Universities in their T&C's make it clear it's their perogative whether a CAS will be issued. Covers them on a 'legal' basis. Stricter requirements as mentioned means that applications like yours will always be scrutinized heavily. You'd be better off applying to a Uni in the top 20 in the UK - typically lower refusal rates. Good luck