Declared failed

[jiyoaurjeenedo]

I came to UK on student visa in Sept 2015 for a Masters program. I had failed one of the subjects in June. I was asked to resit and failed that as well. Today I received an email that University has decided to award me post graduate certificate instead of Masters. I attended all classes and had no problem related to attendance.

My visa will expire in Jan 2017. I still have around 5 months left on my visa as visa was awarded for 1 year and 4 months. Will the University inform Home Office and my visa get cancelled. The University email does not say anything like that. I am just curious if the award of postgraduate certificate affect my visa status as well.

[Frontier Mole]

Each university has different protocols, some are very tight and inform UKVI if your course has finished early regardless of how early, some don't bother at all unless it is a significant period of time, say months. Ask your university what there usual position is.

Technically the university should inform UKVI about early completion of courses even if there is a not significant difference, say a month or more. There is not set timeline in the guidance, it just says if finished early. There has to be some pragmatic approach otherwise there would be floods of notifications at the year end.

Your PG award does not affect your visa status, it has other knock on effects. You are very unlikely to get another T4 visa as you failed your Masters, you do not get RLMT exemption if you intend to remain and work under Tier 2

[sah10406]

Will the University inform Home Office and my visa get cancelled. The University email does not say anything like that.

If you left the course, or finished earlier than planned, the university needs to report that to the Home Office and your visa will be curtailed, normally to 60 days. If you finished when you planned to, just without the qualification, that is not an issue for your current visa.

I advise you speak to the International Student Adviser at the university to check if there is anything you need to know.

[Frontier Mole]

If you successfully completed the course but early the visa is not curtailed to 60 days. If curtailed at all you get the post course allowance you were given in the first place. So in your case 4 months. Hence UKVI by the time it gets round to actioning early course finish notifications ( there is a significant backlog) it is highly likely you will be less than 60 days from you current visa expiry in any event.

[sah10406]

If you successfully completed the course but early the visa is not curtailed to 60 days.

Do you have a link or refeernce for this?

If curtailed at all you get the post course allowance you were given in the first place. So in your case 4 months.

Wouldn't it be 2 months? Sounds like the course was only just 12 months, and with the early end would be less than 12 months, hence a +2 wrap-up period.

[Frontier Mole]

I will dig out the caseworker guide to get the reference.

As for the wrap up time. That is always based on the original course length if successfully completed. The reason being it is or was designed to bridge the summer break period to allow in country application for another course, resits, graduation etc.

[sah10406]

As for the wrap up time. That is always based on the original course length if successfully completed. The reason being it is or was designed to bridge the summer break period to allow in country application for another course, resits, graduation etc.

The guidance (page 59) says the caseworker should "normally" do that, and includes the table of how much wrap-up time you get for different lengths of course. I am finding that if a student ends so early that their course is now less than 12 months, they can be curtailed to the +2 months you get for a <12 month course, not the +4 months ytou get for a 12+ month course.

https://www.gov.uk/government/uploads/s ... tv16.0.pdf

[jiyoaurjeenedo]

Course start date was 21 September 2015
Course completion date was 30 September 2016
Visa was offered until 31 January 2017
I received an email on 5 September that I will be awarded Postgraduate certificate with commendation.
1. What is the probability my visa will be curtailed.
2. If I apply for Tier 2 will I be eligible for RLMT exemption?

[Frontier Mole]

Sah,

It seems the curtailment team are taking a far tougher stance on early completion. There has been a considerable focus from the Independent commissioner for immigration on curtailment.

Based on the new post from the student I don't see his uni hitting the SMS buttons to state early completion on the dates quoted.

As for the RLMT question - you do not get exemption for a PG Diploma. Degrees only I am afraid.