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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My current limited leave to remain in UK - Post Study Work

Resolved Question:

My current limited leave to remain in UK - Post Study Work Visa is about to expire on 13th December 2012. I have a US immigration visa (K1) application pending with the US Embassy in London and expecting a final decision on that in the next one to two months. I understand there is no possibility of extension of the PSW visa.
-How likely do you think it is for UKBA to grant me leave to remain/grace period till the US immigration case is finalised?
-What is the procedure if any, to apply or request for this extension?

As a backup to the US immigration visa not being in my favour, I plan to apply for a Tier 4 student visa and have to offers for MBA one beginning in January 2013 and one in September 2013. I was reading the Tier 4 Policy Guidance and need clarification on this:

"Up to and including 30 September 2012, if a student is already in the UK and his/her existing permission to stay runs out more than one month before the start-date of his/her proposed next course of study, he/she will be expected to return overseas and apply from outside the UK. If the applicant applies from inside the UK, his/her application will be refused. A month will be considered a calendar month (for example, if an applicant’s leave expires on 14 January his/her new course must start no later than 13 February)."

Given that my visa expires 13th December 2012, would the above apply to me? The reason for asking is:

- It says up to and including 30 September, 2012 - so how about applicants after that?
- It further says if a "student" applies inside UK ... his/her proposed "next course of study" - does this also apply to non-students like me currently on post study work visa?

Now if I choose to apply by post for the Tier 4 student visa, taking up the offer for studies that begins in January (January 11th, 2013 to be precise), how long in your experience would the UKBA take to process postal applications of this sort these days? The reason for asking is:

- Since I am awaiting a US immigration interview at the embassy here in London, I would be required to submit my passport on the interview day (for nearly a week or so if they approve the visa or give it back the same time if refused), so I cannot have it with the UKBA at the same time.
- What would be your thoughts on including the certified copy of the passport instead of the original with the Tier 4 application and mention on a covering letter explaining the UKBA officer of my pending US immigration application with US Embassy in London, giving them documentary evidence of that and mentioning that the original passport will be sent as soon as the US immigration work is done?

Thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, the UKBA will not provide you with a grace period whilst your US application is being processed.

INC :

With regard to a new application, if the course of study is more than 1 month away, then yes, you would have to leave the UK and apply from abroad.

INC :

General processing times are usually between 4-6 weeks.

INC :

With regard to the certified copy of passport, the UKBA require originals. You can try to to submit a certified copy, however, they may wish to see your original passport before processing the application

INC :


I hope this answers your question. If so, kindly click ACCEPT





If you wish to discuss, please feel free to ask further questions.






Kind regards,




Customer :

Thank you very much.

Customer :

How long will do you think I'll have in case the Tier 4 application is refused or returned as invalid?

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 2 other UK Immigration Law Specialists are ready to help you
Expert:  INC replied 1 year ago.
Hi,

Generally 1 month in which to submit a new application and 10 working days if Appealing from within the UK.
Customer: replied 1 year ago.

Thank you.


 


Also, I understand I am allowed to work during the time the application is processed but need clarification on if can work full-time or does the 20 hrs/week restriction apply to me since I will eventually switch to student visa once application approved?


An employer has asked for my right to work.. I appreciate if you can provide me an email or phone number of UKBA for the employer to be able to verify my right to work while my application is being processed.



Thanks.

Expert:  INC replied 1 year ago.
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