UK Immigration Law
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Hi, it is correct that there is no appeal or administrative review for student visas. In the event an application is refused, the UKBA require that a fresh application be made.
Unfortunately, there is also no system whereby you could pay a surety to have someone granted a visa. There is a system in place, but this exists for the purpose of securing release from immigration detention.
In relation to the application for your friend, it would probably be faster to submit a fresh application instead of trying to judicially review the UKBA'S decision as this process could take several months whereas a new application should take up to 8 weeks to process.
If there is anything else you would like to know, please do let me know.
The most important part of the query was my asking which of various types of visa application you recommend for the circumstances of this case, ie is the "Tier 4- General" visa the most appropriate : and, if so,can it be submitted on the basis of what might be considered to be a composite series of study, ie English ; other qualification ( undefined as explained in last email ) and then RNCM in reality just the one course of study as the first two components are largely to achieve the aim of joining RNCM, the Royal Northern College of Music).
Based on the information you have provided, I would be of the opinion that a Tier 4 General Visa would be the most appropriate visa. However, I will look at the rules for another category later today and will revert back to you.
In particular, I would like to be sure that she does not meet the requirements of a Tier 1 exceptional talent visa.
With regards XXXXX XXXXX Tier 4, this would allow her to undertake a language course and then subsequently switch to a course at the RNCM, however, she will only be granted a visa for the length of her first language course and then apply for an extension once she has completed the language course and before starting a course at the RNCM.
With regards XXXXX XXXXX Tier 1 exceptional talent category, it seems she may be eligible if she can obtain the appropriate endorsements require from the appropriate bodies.
In her case, she would require an endorsement from either the arts council, the royal society or the British academy.
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If you wish to discuss, please feel free to ask further questions. Kind regards
In appreciating that the position is slightly complicated by the as yet undefined "second qualification" , please confirm that she would need to specify, and indeed provide evidence of, that course of study, if it were to run alongside the English course ( the preliminary view is that it would be a course described to me as ABRSM grade 6 - it could start a few months after the English course starts, or run alongside it for 11 months - this seems to create a difficulty inasmuch as I understand that only an English course can be sanctioned for the extended term of 11 months, other courses being a maximum of 6 months).
I understand that you are to report back to me regarding the rules for a Tier 1 Exceptional talent application, and I look forward to receiving that information. Presumably RNCM will have received requests previously from other students for such endorsement letters. Are you saying that if they provide such "endorsement" then the Border Agency will automatically accept that she fits the "exceptional talent" category ? If so, what advantage is there in a Class 1 Exceptional Talent application over a Tier 4 General application ( obviously there must be differences as otherwise there would be no point in having a Tier 1 category ?
Hi, I confirm that she will need to specify and provide evidence of the course she wishes to undertake if it was to run alongside the English course.
Hi, the endorsement will have to come from the Royal Society or the British Academy.
There is a difference between the Tier 4 and tier 1 visa. The main difference is that students are not permitted to work unless they are undertaking a level 7 or above course. With tier 1 exceptional talent,employment is permitted.
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Thanks for your last answer.
Its a pleasure.
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I have asked you a couple of follow-up questions re the Panama lady, but despite sending an email to you to point out that these follow-up questions remain unanswered; and then asking that your administration office look into the fact that the questions appear to have "disappeared within your system" , nothing has still been received from you. I must ask you to kindly investigate, and ensure that I receive your replies. If of course you advise me that the questions have been permanently lost within your system, please let me know, so that I can try to recall the questions and re-submit them.
Optional Information: Province/Country relating to question : Panama Already Tried: As already explained
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