How long is the Tier 4 visa granted, on different courses.

How is the Tier 4 visa granted, on different course level?

As a Tier 4 (General) student, the date that your visa ends will end depends on the length and type of course that you are studying at the institution. Your CAS will include the start and end dates of the course.

Your Visa will end:

1. Four months after the end of the course, if your course will last 12 months or more
2. Two months after the end of the course, if your course will last six months or more, but less than 12 months
3. One month after the end of the course, if your course will last less than six months and is a pre-sessional course
4. Seven days after the end of the course, if your course will last less than six months and is not a pre-sessional course
5. One month after the end of the course, if you apply to be a postgraduate doctor or dentist on a Foundation Programme.

PS:     If you will be studying for part of a month, this will not be 'rounded up'. For example, if your course will last 11 months and three weeks, you will be granted an addtional two months after the end of your course.

If your course is a pre-sessional course which will prepare you for degree-level study at the same institution (or at its partner institution), you may be issued with a single CAS which includes both courses. If they do this, your immigration permission will end after the main course, rather than after the pre-sessional course. This will save you money and the inconvenience involved in having to apply for leave to remain after the pre-sessional course.

New Tier 4 Limit on the time permitted for studying in the UK

 Limit on the time permitted for studying

• Studying at degree level is limited to 5 years with the following exceptions:
o Those studying for a Master’s degree on completion of a 4 or 5 years’

Bachelor’s degree, in which case they are allowed 6 years

o Those studying for a PhD at an Higher Educational Institution.  However, if after completing the PhD the total time spent on Tier 4 exceeds 8 years, no further leave will be granted under Tier 4

o Exemption for those following courses in:
o Architecture
o Medicine
o Dentistry
o Veterinary Medicine
o Law
o Music
• The 5 year limit will operate in addition to time spent studying below degree level


According to me, this condition has been added purely to refrain student visa holders to qualify for settlements (PR/ indefinite stay) on the 10 year rule.

I would reckon to switch to the Tier 1 Entrepreneur category for any applicant who wish to qualify for settlement under the 10 year rule. If you have completed 8 years in the UK along with the degree's from approved educational institutes in the UK and have 200K funds of your own or third party sponsor to invest over the period with a business proposal you can qualify for Tier 1 Entrepreneur visa. This visa allows you to remain in the country for 3 years if applied in-country and 3 years and 4 months if applied from out country, that is at the diplomatic post in your home country. Total of 10 years will be easily completed before having the Tier 1 entrepreneur to be renewed and one can qualify for the settlement in the UK with any dependants during the time of application.
All the Best!

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British High Commission playing foul

There have been instances when an application for dependant visa is made and refused by the Entry Clearance officer or Visa officer, ECO for a reason which is not satisfactory with a right of appeal.

The applicant exercises the right of appeal at the First Tier court (AIT) in the UK.
The appeal is allowed (Won by the applicant) by the respected Tribunal.
The letter of allowed appeal is received by the applicant in his home country but, the british high commission goes on to claim that the notice of service has not been received at their end from the AIT. Until they receive they cannot request for the passport from the applicant, for the visa which is insane.

AIT, shoots two copies of the outcome, one to the applicant or his/her representative and another to the diplomatic post the applicant applied to. Even if the decision is challenged by the ECO the decision is sent out to the applicant. In most cases the ECO's do not tend to do that once the respected tribunal has announced their decision unless they think there has been an error of law whilst hearing the appeal.
This process of not requesting the passport for stamping takes sometime more than a couple of weeks and in some cases it has take just a week before the principal applicants visa is expiring. The ECO requests the passport and stamps the visa, but within a week or may be in the same week the visa of the principal applicant is expiring.
These sort of horrors are mainly experienced by Student Visa dependants, Tier 2 visa holders and Tier 1.

I do not know whether this process is sometimes thought to be done deliberately. I have no such claims proving that but, have many known applicants who have faced such a horror.

If you or your dependant think, are a part of this foul, then do let me know. I may be able to help you by advising to write to higher authorities which can look into this matter. Postal delays cannot be for weeks and months. If applicant receives the decision why does not the british high commission?

In order for me to help you, one will have to elaborate their case when they choose to have a limited advise from me.

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Settlement Categories in the UK - Tier 1 & 2

Routes to settlement in the UK in the light of the changes introduced into the Immigration Rules in April 2012

Working in the UK on completion of studies after closure of PSW route

• Introduction of the new Graduate Entrepreneur Route
• Switching to Tier 2 (General) category
• Switching to Tier 1 (Entrepreneur) category
• Settlement in the UK: the present and the future

Settlement categories

• Long residence: after 10 years
• Long residence: 14 years of any legality
• Five years in a qualifying category
• With accelerated settlement option for investors and entrepreneurs
• Two years on a spouse visa
• Six years on discretionary leave to remain

Limit on the time permitted for studying

• Studying at degree level is limited to 5 years with the following exceptions:
o Those studying for a Master’s degree on completion of a 4 or 5 years’

Bachelor’s degree, in which case they are allowed 6 years

o Those studying for a PhD at an Higher Educational Institution.  However, if after completing the PhD the total time spent on Tier 4 exceeds 8 years, no further leave will be granted under Tier 4

o Exemption for those following courses in:
o Architecture
o Medicine
o Dentistry
o Veterinary Medicine
o Law
o Music
• The 5 year limit will operate in addition to time spent studying below degree level

Introduction of Graduate Entrepreneur Scheme

• New immigration category for graduates who have been identified by Higher
Education Institutions as having developed world class innovative ideas or
entrepreneurial skills, to extend their stay in the UK after graduation to develop
their business.
• There are 1000 places divided between 88 participants
• Applicants will need to be in the UK and sponsored by the Higher Education
Institution from which they have been awarded a Bachelor’s degree, Master’s
degree or PhD
• Successful applicants will be granted leave for 12 months initially, which may be
extended for a further 12 months
• Right to work for up to 20 hours
• Time in this category will not count towards settlement

New rules for Tier 2 (General) category

• Restricted settlement right: salary not less than £35K from
summer 2016
• Time in this category now limited to six years
• No right of return under the same category for 12 months for
those who have completed their 6 years
• Right to switch into Tier 1 Entrepreneur or Investor category
• Alternative settlement under the long residence rule remains
an option

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UK visa applications can still win right to appeal if the card fails at home office

Applications turned down as invalid for non-payment of fees may be reinstated on appeal - the case of Basnet in the Upper Tribunal

It is on the home office to prove that enough measures were taken to process the payment made by the applicant. If the credit/debit card used fails to provide them with the payment, the application must be returned and the applicant must be provided with a fair chance to re-apply again with fresh details despite the current leave to remain being expired. An applicant is considered legal as far as he applied right in time. Intention of applicant is observed as to re-apply, which he does, but the card or payment method failed, which is not an error from the applicant. Thus, the applicant should not be penalised.

In the case of Basnet (validity of application - respondent) [2012] UKUT 00113(IAC), the Upper Tribunal has made very helpful comments on the appeal procedure in relation to cases where an application is rejected by the UKBA as invalid for lack of payment and  the right of appeal is disputed.
The general rules is that there is no right of appeal against a decision to reject an application as invalid.  The standard procedure is to challenge such decision in High Court by way of judicial review.  However, judicial review does not always provide the necessary remedy. In many cases, the only adequate remedy may be guaranteed by the exercise of the right of appeal.
Thus, where the Home Office rejects an application for an alleged failure to make a payment, the burden of proof is on the Home Office to demonstrate that attempts had been made to claim the payment in accordance with the information provided on the application form, and that failure to take the payment was not due to a technical failure or human error.
Where the Home Office is unable or unwilling to provide such information, the decision to reject the application is to be treated as a refusal to issue further leave to remain, and the right of appeal arises in accordance with the general rules on the right of appeal against an "immigration decision".
Duty judges are now required to make preliminary directions requesting the Home Office to provide evidence supporting their case.  Where such evidence is not provided, the Home Office is to be treated as having failed to discharge the burden of proof and the Appellant has the right to bring his case for a hearing at the First Tier tribunal.
Mr Justice Blake commented on procedural unfairness of the current  practice of rejecting the applications without giving the applicant a chance of rectifying a problem.  It is expected that the judgment will bring light into the kingdom of gloom and that new and fairer procedure rules will follow


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Dependents of Tier 1 Entrepreneur Migrant

Dependents of Tier 1 Entrepreneur Migrant


A dependant is:

your husband, wife or civil partner; or
your unmarried or same-sex partner; or
your child aged under 18 years old.
Your dependant children can be over 18 years old if they are in the UK now as dependants.
If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 1 Entrepreneur category, you can apply for a visa to join them in the UK. The Home Office, UKBA will grant leave in line with the expiry date of the Tier 1 Entrepreneur's visa.
Entry Clearance As PBS Dependents Of Tier 1 Entrepreneur Migrant

In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, the family member and the main applicant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom.
In order to be granted entry clearance as a child of Tier 1 Entrepreneur Migrant, the child must be under the age of 18 on the date of entry clearance application.
Switching Into Dependent Of Tier 1 Entrepreneur Migrant

For family members of Tier 1 Entrepreneur Migrant, switching is permitted when applying as:
a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant; or
a child born in the UK to a PBS migrant and their dependant partner
In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she must have, or have last been granted, leave as the family member of a PBS migrant or someone applying at the same time for leave as a PBS migrant.
Funds For Maintenance

One of the requirements for family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.
If the Tier 1 Entrepreneur Migrant is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, each family member of the Tier 1 Entrepreneur Migrant must show that he/she, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1800 to support him/her; this is in addition to any funds the Tier 1 Entrepreneur Migrant needs to prove he/she has enough money to support himself/herself.
If the Tier 1 Entrepreneur Migrant has been in the United Kingdom for 12 months or more, each family member of the Tier 1 Entrepreneur Migrant must have £600 to support himself/herself.
Same Day Visa Service For PBS Dependent Of Tier 1 Entrepreneur Migrant

If you are:

a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant; or
a child born in the UK to a PBS migrant and their dependant partner
 then you can apply to stay in the UK as the PBS dependent of Tier 1 Entrepreneur Migrant by making an in-country application as PBS Dependent.
We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for PBS Dependent applications. Our immigration lawyers can prepare and submit your application to the Home Office, PEO and get quick decision on the application. As PBS Dependent application is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application.

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Extension Of Stay As Tier 1 Entrepreneur

Extension Of Stay As Tier 1 Entrepreneur


In order to obtain an extension to your leave to remain as a Tier 1 (Entrepreneur) migrant you must score enough points and send supporting evidence where appropriate.
Points available for attributes are in the table below. This table applies to you if your previous leave was as aTier 1 (Entrepreneur) migrant, a Businessperson or Innovator in the 12 months immediately before the date of this application: or
You are applying for leave to remain and have or were last granted, entryclearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.

Attributes table for extension applications

Attributes: pass mark = 75 points

Points available

A. You have invested, or had invested on your behalf, not less than £200,000 (or
£50,000 if, in your last grant of leave, you were awarded points for funds of £50,000) directly into one or more businesses in the UK. 20

B. You have:
• registered with HM Revenue & Customs as self-employed; or
• registered a new business in which you are a director; or
• registered as a director of an existing business.

Where your last grant of entry clearance, leave to enter or leave to remain was as a Tier
1 (Entrepreneur) migrant, one of the above conditions must have been met within six months of the specified date. The specified date being either:

The date of your entry to the UK, where you were granted entry clearance as a
Tier 1 (Entrepreneur) Migrant and where there is evidence to establish your date
of entry to the UK; or

The date of your grant of entry clearance, where you were granted entry clearance as a Tier 1 (Entrepreneur) Migrant and where there is no evidence to establish your date of entry to the UK; or

The date of your grant of leave to remain, in any other case.

This does not apply where your last grant of leave prior to the grant of leave that
you currently have was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.20


C. You are engaged in business activity at the time of your application to extend your
leave to remain and you provide the specified evidence to show that on a date no earlier
than three months prior to the date of application, you were:
(a) registered with HM Revenue and Customs as self-employed, or
(b) registered a new business in which you are a director, or
(c) registered as a director of an existing business.
15
D. You have:
• established a new business or businesses that has/have created the equivalent
of at least two new full-time jobs for persons settled in the UK;
OR
• taken over or invested in an existing business or businesses and your services
or investment have resulted in a net increase in the employment provided
by the business or businesses for persons settled in the UK by creating the
equivalent of at least two new full time jobs for persons settled in the UK.
Where your last grant of entry clearance or leave was as a Tier 1 (Entrepreneur)
migrant, the jobs must have existed for at least 12 months for the period for which the
previous leave was granted.
20
A refusal of an application for extension of stay as a Tier 1 Entrepreneur Migrant is challenged by way of an appeal to the First Tier Tribunal within 10 working days of the date of receipt of the refusal letter. Upon successful application, the applicant is granted extension of stay as Tier 1 Entrepreneur Migrant for 2 years






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