Scholarship agency's unconditional consent needed?

[VardanHambardzumyan]

Dear All,

I am writing to inquire if you would be able to provide me advice and legal support on the case presented below.

Background Story
1. I came to the UK from Armenia as a Tier 4 (General) visa student to pursue MSc degree at Oxford from October 2016 to September 2017. I received a Tier 4 from September 30, 2016, until March 30, 2018, under Tier 4 Pilot Scheme.

2. For my studies at Oxford, I received a loan from an international scholarship agency.

3. The amount of the grant was decided as follows

a) I presented the Agency all the expenses associated with my studies:
USD 26915 (cost of tuition)
USD 17598 (cost of living and housing)
USD 0 (cost of health insurance)
USD 4986 (cost of educational supplies)
USD 788 (cost of round-way ticket)

USD 50,287.00 Total costs

b) According to the Agency's regulations, the amount of the grant provided to each awardee should not exceed 50 percent of the total costs.

c) I was awarded USD 23,874.00 (47.47% of total costs)

4. Once the scholarship amount was approved, I decided to use all the amount for tuition purposes and
requested the Agency to transfer all the money directly to the university. Following my request, all the money was transferred to the University (covered 95% of tuition fees).

5. I DID NOT receive any maintenances or living expenses from the Agency whatsoever. All my living costs, as well as the remaining portion of the tuition fees, were covered privately.

6. After I completed my MSc degree (September 2017), I applied for employment for a position of Research Assistant at Oxford University. My recruitment process was successful and I started employment on 18 January 2018. The position also qualified for switching from Tier 4 to Tier 2 from inside the UK (Tier 2 Leave to Remain).

7. Tier 2 Policy Guidance defines what 'sponsored' means
(Tier 2 Policy Guidance (Version01/2018), point 18, page 19).

’sponsored’ means supported by an award which covers both fees and living costs

8. However, the Staff Immigration Team rejected issuing a CoS claiming that the award was intended for both tuition and maintenance purposes.


Based on this information, I would kindly enquire whether:
1. I fell under the category of 'sponsored';
2. I needed the Scholarship Agency's unconditional consent for Tier 2;
3. The University's rejection of providing CoS was lawful.


Thank you.

Best wishes,
Vardan

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