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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Dear Sir/MadamI am Ellie and I have lived in the UK about

Customer Question

Dear Sir/Madam
I am Ellie and I have lived in the UK about 2 years under Tier 4 general student visa.I am from Iran and I was a registered nurse in my country.since last September I have started a new course called Overseas Nursing Programm which is a requirment for all nurses from outside the Uk to become a registered nurse in the UK and apply for work permit visa.
This course is varried between 3 to 6 mounth and after that I can apply for a work permit visa , but I have heard that there is a rule for all students that they need to complete a one year academic course if they wish to apply from inside the Uk , otherwise they have to go back to their own country and apply from there.
As you know the situation in Iran is very unstable so I was wondering if there is any way for me that I can apply from here . Having said that I have my family with me and my 9 year old son is in the middle of school and it is very difficult for us to go out and apply from some where else.Meanwhile I have heard that the UK embasy has been closed in Iran.
I hope you could give me some advice and if it is required to have an appointment I would love to do so.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.
Hi Ellie

Unfortunately, you do need to have a one year academic course completed in the UK to switch from here. If you do not have this, then you cannot apply for the tier 2 visa as you will not meet the points for this category under the points based system. You may check with the HOme Office Whether they are prepared to exercise discretion in your case given that the British High Commission, although this may be for a limited time only so the home Office may not accept this. It is unlikely they will exercise discretion in this respect as the one academic year is a very clear part of the rules.

You can apply on a discretionary basis for further leave to remain on the basis of your son having established a private life in the UK (school and friends) and your not being able to return due to the problems in Iran, however, the chances of this being granted are slim.

If you are able to study a one year academic course in nursing and then switch to a Tier 2 visa after that then you would not have a problem and this may be the most straightforward route for you although it will be longer.

Please click accept on my answer and I am happy to answer any follow up questions that you may have.

Kindest regards,
Awan Legal
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Dear Awan

Thank you very much for your answer . I was wondering if I finish befor 9 mounths and as you know the UK embasy is closed in my country , can I go to any other countries like Germany ( my sister lives there and I can stay with her during my application ) and apply from there or not.