Second Interview - Student visa will complete 10 year ILR

[tier2man]

Hello,

I am quite tensed about my current visa application and hoping someone could give me some advice.


Background:
I first came to UK Oct, 2007 - completed 4 year bachelor degree in mechanical engineering. Then PSW 2 years and then worked under tier 2 for 3 years. My total stay in UK was nearly 9 years. Unfortunately, my sponsor couldn't continue sponsoring me due to the higher salary requirement for extending tier 2 visas. I have decided I will do a masters degree in systems and control. Because the start date of my course was more than 28 days than the expiry of my tier 2 visa, i had to come back to my country in order to apply. I didn't overstay and came back on the last day and submitted my tier 4 student visa application.


Current situation:

I have submitted bio-metric details, gave the interview (which I thought went well and answered the standard questions thoroughly). Now I have been called for a second interview which is making me really really tensed. Can anyone please answer the following concerns and questions I have?

1. browsing other topics, it seems being called for 2nd interview is always because the ECO is concerned and usually ends up in refusal?

2. Doing this masters degree will complete my 10 year to apply for ILR - could this be a reason for the ECO to think that I am not a genuine student? I have a sinking feeling that they might think that and try to find any reason to refuse me.

3. If they don't mention that, Oh, I don't think you're gonna come back because you're gonna apply for ILR etc, then should I mention it myself during the interview and say, " I understand as a side effect of this visa, my total stay in UK become 10 year, but I chose to do the degree solely because it is the right time to do this following my career roadmap and I am not applying in order to just complete the 10 year period"

4. The bank statement I provided is of a UK bank account as I transferred all the money required to UK already. The account is a cash ISA saving account - it shows money coming in but doesn't show the source - as I have been sent (part of) the money by my parents to my current account and then transferred to my savings account. Should I prepare salary statements of my parents ? will they ask for further supporting documents on the day? They didn't ask for any documents in the email where they asked me to attend the interview.

5. What exactly are they looking for in 2nd interview? what kind of questions do they ask? Should I bring anything up myself even if they don't ask? If they don't ask me about something which I think they should've and then can they refuse me based on not having enough information even though they didn't ask?

6. I'm thinking that at least a positive side of being called for a second interview is that there were no "general grounds of refusal" and no problems with documents or the application and the only thing they have left to figure out is whether or not I'm a genuine student. Am I right to think that?



I know I asked a lot of questions but it will really help if someone can help me our with some answers and advice. Also, if anyone has gone through the same situation and got their visa or got refused, please let me know - so I can have an idea. I am so tensed, especially because if my visa is refused I don't even know if they'll freeze my bank account or how will I transfer back the money I have...

Many thanks and really appreciate your help.

[CR001]

Any reason why you didn't try to find another tier 2 sponsor rather than leave and apply for Tier 4?

[mohammed1980]

Hello,

I am quite tensed about my current visa application and hoping someone could give me some advice.


Background:
I first came to UK Oct, 2007 - completed 4 year bachelor degree in mechanical engineering. Then PSW 2 years and then worked under tier 2 for 3 years. My total stay in UK was nearly 9 years. Unfortunately, my sponsor couldn't continue sponsoring me due to the higher salary requirement for extending tier 2 visas. I have decided I will do a masters degree in systems and control. Because the start date of my course was more than 28 days than the expiry of my tier 2 visa, i had to come back to my country in order to apply. I didn't overstay and came back on the last day and submitted my tier 4 student visa application.


Current situation:

I have submitted bio-metric details, gave the interview (which I thought went well and answered the standard questions thoroughly). Now I have been called for a second interview which is making me really really tensed. Can anyone please answer the following concerns and questions I have?

1. browsing other topics, it seems being called for 2nd interview is always because the ECO is concerned and usually ends up in refusal?

2. Doing this masters degree will complete my 10 year to apply for ILR - could this be a reason for the ECO to think that I am not a genuine student? I have a sinking feeling that they might think that and try to find any reason to refuse me.

3. If they don't mention that, Oh, I don't think you're gonna come back because you're gonna apply for ILR etc, then should I mention it myself during the interview and say, " I understand as a side effect of this visa, my total stay in UK become 10 year, but I chose to do the degree solely because it is the right time to do this following my career roadmap and I am not applying in order to just complete the 10 year period"

4. The bank statement I provided is of a UK bank account as I transferred all the money required to UK already. The account is a cash ISA saving account - it shows money coming in but doesn't show the source - as I have been sent (part of) the money by my parents to my current account and then transferred to my savings account. Should I prepare salary statements of my parents ? will they ask for further supporting documents on the day? They didn't ask for any documents in the email where they asked me to attend the interview.

5. What exactly are they looking for in 2nd interview? what kind of questions do they ask? Should I bring anything up myself even if they don't ask? If they don't ask me about something which I think they should've and then can they refuse me based on not having enough information even though they didn't ask?

6. I'm thinking that at least a positive side of being called for a second interview is that there were no "general grounds of refusal" and no problems with documents or the application and the only thing they have left to figure out is whether or not I'm a genuine student. Am I right to think that?



I know I asked a lot of questions but it will really help if someone can help me our with some answers and advice. Also, if anyone has gone through the same situation and got their visa or got refused, please let me know - so I can have an idea. I am so tensed, especially because if my visa is refused I don't even know if they'll freeze my bank account or how will I transfer back the money I have...

Many thanks and really appreciate your help.

My case is somewhat similar to yours. But I am going to apply for PhD while I am on Tier 1 Entrepreneur visa, start my studies and then a month before the expiry of my current visa, I will go back to my country and switch to Tier 4 visa.

I think you should have planned this out well in advance. Now see what happens after the second interview. You can always go for JR in the worst case.

[tier2man]

Any reason why you didn't try to find another tier 2 sponsor rather than leave and apply for Tier 4?

I did apply for jobs and tried to get another sponsor - but couldn't get any job offer with employer sponsorship. The student visa seemed to be the only route left. I didn't know they made the application process so subjective - now I am really tensed thinking that it will count against me that my 10 year will be completed ... please advice

[tier2man]

You can always go for JR in the worst case.

Hi Mohammed, what do you mean by JR?

[CR001]

You can always go for JR in the worst case.

Hi Mohammed, what do you mean by JR?

JR = Judicial Review (it is very expensive to do this though).

[tier2man]

Hi CR001, would you please give me your thoughts on my questions? I know I am asking a lot of questions but having some idea about them will definitely help me in the interview...

[Greenie]

1. They can't refuse purely on the basis of the first interview. a second interview is called on the basis of concerns raised by the first one. having a second interview doesn't automatically mean you you will be refused but there is a significant chance you will be.

2. this is almost certainly the reason you have been called for a second interview. if they can find a reason to refuse they will.

3. not sure this will help you.

4. they won't ask for supporting documents on the day
but if you prepare them and you are asked about this you can emphasise that you can provide further evidence of funds if this is an issue.

5. it's a more in depth interview so expanding on the issues addressed in the first and picking up on areas of concern raised by first interview. they can also ask about funds which they don't usually ask about on first interview. the first interviewer will only have basic information about you (name nationality course and institution) whereas the second interviewer will have more information available to him or her about your application and immigration history.

questions cover things like: why you chose your course, what research you undertook, why you chose institution, what other courses or institutions did you consider, how is the course assessed, what facilities are there, where is your institution, where will you live, how will you travel to your institution, how much will this cost, how will your course help you in your career, why didn't you study this course before, did you consider studying in any other country, how are you finding your course, where did you get the money from, what does your financial sponsor do for a living, how much do they earn, where did they get money to fund your studies

6. usually yes although

[tier2man]

Thanks Greenie for all the answers - even though I'm now scared shitless, really appreciate your help.

So, just to clarify, they can't refuse me just because of the mere fact that it will complete my 10 year period.. there has to be a reason which will demonstrate I'm not a genuine student - am I right?

I am genuinely applying to study anyway so hope they will be somewhat objective!

Is there anyone who is going through/ have gone through the same situation? Please would you share your experience and outcome!?

[Frontier Mole]

If the ECO believes the only reason for applying for a T 4 visa is to solely to gain access to ILR you will be deemed a non genuine student and refused. Given that IS the actual reason for applying you can expect a refusal.....

[sah10406]

I am genuinely applying to study anyway so hope they will be somewhat objective!

I think you need to be honest (at least with yourself) that your main reason for applying is to be eligible for ILR.

[tier2man]

If the ECO believes the only reason for applying for a T 4 visa is to solely to gain access to ILR you will be deemed a non genuine student and refused. Given that IS the actual reason for applying you can expect a refusal.....

Well, honestly, while the ILR will be a very amazing perk, I am actually applying to study anyway - and not necessarily just to get the ILR. I have a PR in Canada through their express entry system - but the course i applied for is actually really rare and none of the affordable universities in Canada are offering it. So, yes, I want the ILR (as a perk) but I am genuinely applying to actually study the course.

I had the interview yesterday - it seemed she was being objective - asked me relevant questions like why do I want to do the course now? and what other countries did I consider? etc. I thought I was concise with the answers. It was a very shot 10 minute interview. I asked in the end, are you sure you've asked me all the questions? to which she smiled and said there's nothing to worry about because the interview is short... I'll get the result on 15th. Hopefully it's all good.

[noajthan]

Well, honestly, while the ILR will be a very amazing perk, I am actually applying to study anyway - and not necessarily just to get the ILR. I have a PR in Canada through their express entry system - but the course i applied for is actually really rare and none of the affordable universities in Canada are offering it. So, yes, I want the ILR (as a perk) but I am genuinely applying to actually study the course.

I had the interview yesterday - it seemed she was being objective - asked me relevant questions like why do I want to do the course now? and what other countries did I consider? etc. I thought I was concise with the answers. It was a very shot 10 minute interview. I asked in the end, are you sure you've asked me all the questions? to which she smiled and said there's nothing to worry about because the interview is short... I'll get the result on 15th. Hopefully it's all good.

Sounds like you aced it.

[mohammed1980]

I had the interview yesterday - it seemed she was being objective - asked me relevant questions like why do I want to do the course now? and what other countries did I consider? etc. I thought I was concise with the answers. It was a very shot 10 minute interview. I asked in the end, are you sure you've asked me all the questions? to which she smiled and said there's nothing to worry about because the interview is short... I'll get the result on 15th. Hopefully it's all good.

Did you receive the result? I hope it was positive.
Do keep us informed.

[tier2man]

Hi all,

Apologies for delay in letting everyone know,

My tier 4 student visa was accepted! The case officer informed me at the end of the interview that she will be making the decision by the end of the day. I received my passport within two days (due to postal delays) - with the vignette of uk visa valid for 1 month - using which I am to enter UK and then collect BRP valid for the duration of the course. I am now in UK and started my masters degree.

In order to help you with as much as information possible, I have listed below some information regarding both interviews I had. I noted down as many questions as possible as soon as I came out of the first interview to serve as a reference - thinking that this will help me make sure that there is no contradictory statement should I get a called for 2nd interview. The questions (as many as I could remember) I was asked are below. Bear in mind that the questions became more tailored to my case as the interview progressed - presumably she was following a certain route of questions based on the circumstance of the interviewee.

***1st interview questions****

Confirm your name, date of birth and nationality.
What the name of the course?
What's the level of the course?
Why did you choose this course?
Are you working at the moment in Bangladesh?
Have you ever been refused a visa?
Why did you decide to do this course now?
How would this course help with your future plans?
What kind of job will you apply for after this degree?
What was your previous degree result?

Who is paying for your course?
What does your parents do?

Are your parents a supporting anyone else at the moment?
Did you parents support anyone in the past?


These are most of the questions I was asked. Some observation is that this was a proper standard interview where the person was literally sitting on booths and asking questions from a pool of standard predefined questions. She was then writing down all of my answers. When I answered, I was quite detailed and explained a lot. She first listened to me fully and then took time to write my answers down. I felt that she had to write my answers in her own words to some degree as it would be impossible to remember what I said word by word. I was concerned with this a little bit as I felt crucial information could be missed out as she writes down my responses. She was more "human" to me during the interview than what I expected. She wasn't trying to be stern, she smiled / laughed at my jokes and small talks and overall it was a pleasant experience.


***2nd interview question***

This was with the case officer and she had also quite normal relaxed behaviour.

Unfortunately, I didn't note down the specific questions after the 2nd interview as I knew there is no follow up after this. but basically I was asked more or less the same questions from the 1st interview, but not as many of them. I think the main question she had to ask is that, why do I want to do this course now after being in work for so many years. I gave my answer to that with my genuine objective reasons. I had more than one reason but as I stated my first (main) reason and was moving on to next, she (not in a rude way) stopped me and said that that's all the information she needed for that question. Although she asked about the source of funding, she didn't go into too much details on it. She was also looking at her screen most of the time and typing up all of my answers. But I felt that the questions she was asking were more tailored to me rather than just a standard set of questions. The interview was done in literally 10 minutes. At the end of the interview, (being surprised that it ended quickly) I asked, "do you have any reservations regarding any of my answers or anything else regarding my application, or lack of information or lack of clarification in my answers? as I wouldn't want the result to be negative due to me not providing any information" She assured me by saying, that she asked everything she wanted to know and that this is fairly a standard procedure. Then she informed me about when I may expect to get the passport back, asked when my intended date of travel is and gave some more general information. At the very end I asked again, " are you sure you have asked me all the questions?" To which she smiled and said, there is nothing to worry about just because the interview is short.


So, that's my whole experience, hope this helps other people to get a better idea before they lose their sleep over this. The main point I want to mention is that, before going into both interview and throughout the whole process, I was worried that just because of the consequence of my 10 year completion due to this student visa, they are going to literally try to find any reason they can to refuse my application. They will be going out of their standard ways to find reasons not to grant me a visa. (somewhat understandable given the current anti-immigration political situation). Especially, when I was called for the 2nd interview, I was more certain that they will be like a hawk just to find serious enough inconsistency/contradiction between my 1st and 2nd interview and my supporting documents. But I am glad that that wasn't the case at all. I felt the case officer was fair and had been objective throughout the interview, in asking me questions and making her decision. I felt, that even knowing my immigration history, she (being fair) focused on her remit of the interview which is to determine whether or not I'm a genuine student and actually intending to go to UK to study and complete the course. Whatever happens as a consequence to this, shouldn't really come under the question in a "genuineness test interview"

I am really happy that in my experience, while the interview itself is subjective, the case officer appeared to have been very objective and fair.

I