International PhD student - CAS/DES issue

[Jr941]

Hi,

I am an international PhD student and I have submitted my thesis in April 2017.

My visa expires by the end of May 2017.

Now my supervisor requires time to arrange for the viva. Even if she manages to arrange it, the examiners may ask me to make further changes to my thesis which will require time. Very rarely PhD students pass with no changes required, and even minor changes can take some time to complete.

Personally, I want to complete my PhD within this month of May, so I can apply for the Doctoral Extension Scheme (DES - Another term for Post Study Work Visa for PhDs - An international PhD student can only apply for the DES, if he or she is currently on Tier 4).

Let's say, if the arrangements cannot be made, I want the university to provide me a CAS for a short Tier 4 so that I am still eligible to apply for the Doctoral Extension Scheme (DES).

However, in this situation, the University is saying, you can either apply for a short term student visa or a visit visa to complete your PhD, which is obviously completely unacceptable to me because of the reason stated above.

In case, if the University fails to arrange for the viva and refuses to provide me the CAS letter for the Tier 4, should I apply for the Further Leave to Remain (FLR) application with the evidence, that proves the unfair treatment of the University?

The University wasted over 9 months of my time while I was doing the PhD so I feel I have a very strong case; however, I am not sure, how the UKBA is going to perceive it.

The other side:

I received a generalised email from the University in that the beginning of the 4th year of my PhD in which they warned all international PhD students, that if they did not finish their PhD within 4 years then they will not be eligible for the DES.

1. Is the University right to send such a notice to students who had already entered the fourth year of their PhDs? Mind you, doing research at this level involves extensive work and the students are requested to make changes to their work by their supervisors, so they are not even in complete control of their research.

2. As stated earlier, I have substantial evidence that the University wasted over 9 months of my time due to various admin failures. I only crossed the 4 years mark to submit my thesis by 2 months 26 days. Actually, if I have to consider the date of the final submission of my thesis then I only crossed the 4 year mark by just over 2 months.

Anyway, to cut a long story short, I would just like to know, if the University refuses to provide me the CAS for a Tier 4 for now, which visa application should I submit on 31st May 2017?

I am confident that I will win the case against the University; however, is it normal for the UKBA to consider such cases, and in your opinion, are they going to grant the FLR? Is FLR even the right visa application in this case? If yes, which type of FLR, as there are quite a few.

Any advice or suggestions will be much appreciated.

Many thanks.

P.S. Or Should I send the legal notice to the university by the end of this week so that they can provide me the correct CAS letter for the short Tier 4 now and also agree to provide me the CAS for the DES as soon as I have completed my PhD? I would also like to accentuate here that on average, the completion of a PhD takes 4 to 5 years, anyway.

[sah10406]

See this topic started by someone who was in a similar position last year:

uk-tier-4-student-visas/international-p ... l#p1322631

I assume you are at the same university as that person. It would be odd if two different universities have independently introduced such a policy. Are you happy to say which university it is?

If not, perhaps you can share this topic (and the other one) with someone senior at the university.

[Jr941]

Hi,

Thank you for your reply.

I cannot possibly comment on the other thread.

My primary case is about lost time and unfair treatment and not on the university's ruling about the DES i.e. based on the amount of time lost due to the failures of the University, I have not crossed any of their deadlines.

Could you please tell me, under such circumstances, which visa application I need to apply for, if the University refuse to provide me the CAS for the Tier 4 or the DES?

By the way, even the rulings on their DES state that exceptional circumstances will be considered.

[sah10406]

My primary case is about lost time and unfair treatment and not on the university's ruling about the DES i.e. based on the amount of time lost due to their failures, I have not crossed any deadlines of the University.

In that case it is an internal matter that you first should pursue through the university's complaints procedure. The Students Union will be able to advise.

Could you please tell me, under such circumstances, which visa application I need to apply for, if the University refuse to provide me the CAS for the Tier 4 or the DES?

If it is for a viva only, you can apply (outside the UK) for a Short-Term Student visa. If it is for any other period of study, there is no alternative to Tier 4. I advise you speak to the International Student Adviser at the university -- not about whether you can be sponsored, but about your immigration options if you are not sponsored. But I'm afraid they likely to be Tier 4 or nothing.

[Jr941]

Hi Sah10406,

Thank you for your reply.

I thought the short term student visa can also be applied from UK and not outside. Am I wrong here?

To reiterate, any other route apart from the Tier 4 will automatically make my future DES application invalid, as DES can only be applied on a Tier 4 visa. Another point which I would like to highlight here is that as an international student who has submitted his/her work in April 2017 should not be liable to pay for a costly Tier 4 application, as he/she is only crossing his/her current visa expiry because of the negligence of the University. I would have taken the cheapest possible route to extend my visa for a month or two to attend the viva and make the changes requested by the examiners, but I just cannot do that, as it affects my visa for the Doctoral Extension Scheme.

I will contact the Student Union, if nothing works out as suggested.

In your opinion, do you think it is fair for me to ask the University to bear the cost of this additional visa application, when they have agreed to provide me the CAS for the Tier 4?

Once again, thank you for your advice so far.

[Jr941]

By the way, in case, the University does not provide me the CAS for the Tier 4 or the DES, should I take the 'Further Leave to Remain' route, while my case is being heard at the court?

[sah10406]

I thought the short term student visa can also be applied from UK and not outside. Am I wrong here?

Yes. you are wrong.

In your opinion, do you think it is fair for me to ask the University to bear the cost of this additional visa application, when they have agreed to provide me the CAS for the Tier 4.

Not really, but it is worth including in your discussion with the Students Union about your complaint.

[Jr941]

Okay, thank you.

Let's see how this goes. Hopefully, my current supervisor will sort out everything for me. I believe he/she is definitely on my side as he/she is fully aware of what has happened.

[Jr941]

Hi again,

This is just a hypothetical question.

Let's say, if I don't get the CAS before the visa expiry and I submit my Tier 4 visa application with a note/cover letter that the decision on the CAS is pending or there is a court case going on between me and the University; is the UKBA going to consider that and provide me some time for the case to come to a conclusion?

Please comment.

By the way, is it a good idea for me to send the cover letter with the relevant evidence to accentuate that it is the University at fault, not me?

[sah10406]

Let's say, if I don't get the CAS before the visa expiry and I submit my Tier 4 visa application with a note/cover letter that the decision on the CAS is pending or there is a court case going on between me and the University; is the UKBA going to consider that and provide me some time for the case to come to a conclusion?

You need to discuss this option with the international student adviser at your university. They are not involved in your dispute with the university over sponsorship, they just advise on immigration options.
You have free immigration advice, so I advise you make use of it.

[Jr941]

Hi,

Thank you for your reply.

I will do that but could you please tell me, how the UKBA is expected to look at this?

Let's say, if I apply for the Tier 4 without the CAS letter for the time being and provide them the reasons for it with evidence, are they likely to consider my case and allow me some time to sort out this issue with the University?

[keysersoze22]

Not a chance. You'll be rejected outright for no CAS number.

[Jr941]

Interesting.

How about if I send them the CAS a week or two after the submission of my application? Is that likely to work?

The caseworker will look at the visa application only after the Biometrics have been given, correct?

[sah10406]

How about if I send them the CAS a week or two after the submission of my application? Is that likely to work?

The caseworker will look at the visa application only after the Biometrics have been given, correct?

You really need to discuss this with the international student adviser.

[keysersoze22]

How about if I send them the CAS a week or two after the submission of my application? Is that likely to work?

The caseworker will look at the visa application only after the Biometrics have been given, correct?

You really need to discuss this with the international student adviser.

What Sah said. You have to submit a valid CAS number with your Tier 4 application.

There is also a chance that you may fall foul of:

https://www.gov.uk/government/publicati ... raph-32011

specifically, a vexatious or frivolous application. I don't believe you will as I have seen a student apply for a Tier 4 visa without a valid CAS number and they received a straight refusal from it without this, but it's something to be aware of as you will not qualify for Tier 4 without a CAS. You really need to speak to your ISA here - take Sah's word. There is no way around this.