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Continued Legal stay in the country break

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sahil161295
Newly Registered
Posts: 2
Joined: Thu Sep 06, 2018 8:34 pm
India

course starting after 28 days of visa expiry

Post by sahil161295 » Thu Sep 06, 2018 9:45 pm

Good evening moderators

I have been offered a place at a university in London for a full time masters course. The course start date is 01/01/2019 and my current student visa (granted for bachelor's degree) is valid until 30/11/2018.

Can I apply for the students visa from inside the UK?

I read there is a rule that I cannot apply from inside the UK if the course is starting more than 28 days after the visa expires. Since there would be 31 days for the course to commence , is there any way that I can apply from inside the UK?

Secondly, I am here in this country since past 4 years. In case I do have to go back to my home country (India) and apply the student visa then would my Continued Legal Stay in the country break ?

PLEASE HELP ME MODERATORS or someone with the knowledge by advising what options I have ?

Kind regards,
Sahil

sah10406
Diamond Member
Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: course starting after 28 days of visa expiry

Post by sah10406 » Fri Sep 07, 2018 7:03 pm

sahil161295 wrote:
Thu Sep 06, 2018 9:45 pm
Can I apply for the students visa from inside the UK?
No.
sahil161295 wrote:
Thu Sep 06, 2018 9:45 pm
Since there would be 31 days for the course to commence , is there any way that I can apply from inside the UK?
No.
sahil161295 wrote:
Thu Sep 06, 2018 9:45 pm
I am here in this country since past 4 years. In case I do have to go back to my home country (India) and apply the student visa then would my Continued Legal Stay in the country break ?
This is not a Tier 4 matter, so I suggest you ask in another sub forum.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

sahil161295
Newly Registered
Posts: 2
Joined: Thu Sep 06, 2018 8:34 pm
India

Continued Legal stay in the country break

Post by sahil161295 » Sat Sep 08, 2018 6:38 pm

Good evening moderators

I have been offered a place at a university in London for a full time masters course. The course start date is 01/01/2019 and my current student visa (granted for bachelor's degree) is valid until 30/11/2018.

Can I apply for the students visa from inside the UK?

I read there is a rule that I cannot apply from inside the UK if the course is starting more than 28 days after the visa expires. Since there would be 31 days for the course to commence , is there any way that I can apply from inside the UK?

Secondly, I am here in this country since past 4 years. In case I do have to go back to my home country (India) and apply the student visa then would my Continued Legal Stay in the country break ?

PLEASE HELP ME MODERATORS or someone with the knowledge by advising what options I have ?

Kind regards,
Sahil

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Continued Legal stay in the country break

Post by secret.simon » Sun Sep 09, 2018 8:56 am

sahil161295 wrote:
Sat Sep 08, 2018 6:38 pm
In case I do have to go back to my home country (India) and apply the student visa then would my Continued Legal Stay in the country break ?
Continuity of residence (for the purpose of Long Residence) is not broken if
a) you leave before your existing visa expires AND
b) you reenter the UK within 180 days of leaving on a valid visa.

As regards your other questions, you may want to read from Page 42 of the Tier 4 guidance.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Continued Legal stay in the country break

Post by CR001 » Sun Sep 09, 2018 11:28 am

Topics Merged (Click to read)

Please do NOT start multiple duplicate topics. You were already given advice in your original post on 6th September.

Please ask your Long Residence ILR question in the ILR sub forum and NOT in the Tier 4 sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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