TIER 4 STUDENT VISA (GENERAL)

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One can apply for a Tier 4 (General) student visa to study in the UK if he is over the 16 and has enrolled on a course to study at an educational established who has issued Certificate of Acceptance of Studies (CAS) to support his Tier 4 Student Visa (General) application. The Tier 4 study Applicant must have enough money to support himself financially and be able to pay for the course fees.

THE REQUIREMENTS FOR TIER 4 STUDENT VISA (GENERAL) ENGLISH LANGUAGE COURSE

The course must meet the following requirements

  • A Full-time course which lead to a qualification that is at least level 6 on the Ofqual register
  • A part-time course leading to a qualification that is at least level 7 on the Ofqual register.
  • An overseas course of degree level study equivalent to a UK higher education course and is being run by an overseas higher education institution
  • A full-time course which consists of at least 15 hours per week of organized daytime study and must be at least level 3 on the Ofqual register.
  • A recognized foundation programme as a postgraduate doctor or dentist

Tier 4 Degree / Post Graduation Courses

Those students, who wish to complete their degree level or above education will be able to stay in the UK for maximum period of 5 years. (there are exceptions for certain courses). They must also meet the English language criteria i.e. competency at level B2. Only those students who are studying at public funded further education establishments will be able to work in the UK (max. 20 hours per week during term time).

TIER 4 G VISA APPLICATION (ENTRY CLEARANCE)

We can advise and represent our clients in making their initial application which can be made either from overseas or from inside the UK depending on the factor whether he / she is eligible to switch to this category or not. The applicant needs to claim 40 points in total by having a valid CAS from a licensed educational establishment and having sufficient funds for maintenance and tuition fee.

EXTENSION OF TIER 4 STUDENT VISA

This is an application made by those who are already has leave under this category and would like to extend their stay in the UK in order to complete their studies or to commence a new course. They need to claim 40 points in total successfully in order to obtain further leave to remain (extension of visa) while making sure the rest of the requirements are met as well.

Maintenance Requirements for Tier 4 General Student Visa

The Tier 4 migrant and his / her dependants will also be required to provide evidences of having funds for their maintenance. The amount of funds will depend on the location of the educational establishment. This will give 10 points to the main applicant.

Progress in Studies

 It has become an essential requirement for all leave to remain applications to provide evidence about progress in their previous studies. Lack of such information in CAS may result in the refusal of application.

Validity of Tier 4 General Students Visa

 A Tier 4 migrant may stay in the UK for a maximum of 3 years studying below degree level courses and a further five years studying degree level or post graduate level course.

DEPENDANTS OF TIER 4 GENERAL STUDENT VISA

Only the Govt. sponsored students or those who are doing their graduate or post graduate studies (i.e. NQF level 7 or above) which are of at least 12 months` duration, will be able to sponsor their dependants (i.e. spouse / unmarried partners / civil partner / children under 18 years of age). The dependants will be able to work in the UK.

Refusal of Tier 4 Visa Applications

If the Tier 4 (General) visa application (entry clearance) is refused by the Entry Clearance Officer (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Refusal of Extension of Tier 4 Visa applications Leave to Remain made under Tier 4 (G)

If the further leave to remain application is refused by the Home Office, the applicant is granted with a right of administrative review which must be exercised within 14 days of the date you receive the decision.

TIER 4 (CHILD) STUDENT VISA

Who can apply for Tier 4 Child Visa?

A Tier 4 child visa applicant can apply to seek entry clearance to do a course in line with the national curriculum or national qualification framework.

We can advise and represent our clients in making their initial application which can only be made from overseas. The applicant needs to claim 40 points in total by having a valid CAS from a licensed educational establishment and having sufficient funds for maintenance and tuition fee.

Tier 4 (child) migrants may also extend their stay in the UK in order to complete their studies or to commence a new course. They need to claim 40 points in total successfully in order to obtain further leave to remain (extension of visa) while making sure the rest of the requirements are met as well.

Requirements for Tier 4 Child Visa Applications

In order to apply for the Tier 4 (Child) student you must meet the following requirements:

  • You must have be enrolled on a course and have the consent of your parent or guardian
  • You can support yourself financially in the UK and can pay for your course fees and living costs

Care Arrangements

It is necessary to have suitable arrangements for the care and accommodation of the child unless the application is either 16 or 17 years of age and can stay independently. A suitable care arrangement includes having a close relative living in the UK who consents for taking care or having one of the parents applying at the same time for entry clearance as “Parent of child at school” (only if the child is aged 12 years or less).

Validity of Tier 4 Child Student Visa

The maximum duration that a child (4-15 years) can study in the UK under Tier 4 (child) is up to 6 years. While for minors aged 16-17 years, it is up to 3 years.

Refusal of Tier 4 Child Visa Application

 If the entry clearance application made under Tier 4 (Child) is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of administrative review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Refusal of Extension of Tier 4 (Child) Visa Application

If the further leave to remain application made under Tier 4 (Child) is refused by the Home Office, the applicant is granted with a right of administrative review which must be exercised within 14 days of the date you receive the decision.

ADMINISTRATIVE REVIEW TO CHALLENGE REFUSAL OF TIER 4 STUDENT VISA

Since appeal rights have been taken away from most of the immigration categories, the Tier 4 Student applicant whose entry clearance applications or leave to remain applications has been refused, they are given right of administrative review.

This is a procedure where the applicant is given an opportunity to challenge the refusal by providing relevant arguments or documents in some cases.

It is mandatory for the Home Office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of administrative review. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.

Time to Lodge Administrative Review against refusal of Tier 4 Student Visa

Tier 4 Student visa migrants residing in the UK are required to make administrative review application AR within 14 calendar days to the Home Office from the date of refusal of Tier 4 visas. While for those living outside the UK, the deadline is 28 calendar days. It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay are provided.

Grounds of Administrative Review against refusal of Tier 4 Visa

Tier 4 Applicant has to carefully consider and draft the grounds on which he or she may rely in their administrative review applications against the refusal of Tier 4 Visa. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review is a specialized area of immigration work and should therefore be left for the experts to handle it.

Outcome of Tier 4 Visa administrative review

Once Tier 4 Visa Administrative review is lodged, a different caseworker considers the grounds of administrative review and may make one of the following decisions:

    1. He may overturn the original decision and issue visa to the applicant.
    2. He may maintain the original decision along with all the reasons of refusal; or
    3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
    4. He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Effect of Administration Review for in-country Tier 4 Applicants

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Further Option – Judicial Review against Refusal of Tier 4 Visa

If the decision maker maintains the decision of refusal, the applicant may make a fresh application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh visa application or to proceed in the Judicial review or to choose both, depending on the individual’s circumstances.

JUDICIAL REVIEW APPLICATION ON REFUSAL OF TIER 4 VISA APPLICATION

A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

If the home office decides to maintain the decision of refusal as a result of administrative review application, the applicant may lodge judicial review proceedings against the decision. There is a 3 months time limit on bringing the Judicial Review proceedings against the refusal of Tier 4 Visa application.

Pre-Action Protocol

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home Office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the home office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review against Tier 4 Visa

If the Home office Litigation Team refuses to overturn the decision we shall then lodge JR review permission application in the Upper Tribunal.

Time to Lodge JR Application

The deadline to lodge Permission application of Judicial Review is 3 months from the date of the refusal of Tier 4 Visa Application.

Grounds of Judicial Review against refusal of Tier 4 Visa

One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal. The main point here is to identify an error of law in the notice of refusal of Visit Visa application. It needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defence. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.

The Upper Tribunal may take one of the following actions:

  • Grant permission for Judicial Review on all grounds
  • Grant permission for Judicial Review on one or more grounds
  • Refuse permission for Judicial Review

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

Why to instruct Chauhan Solicitors to Apply for Student Visa

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Student Visa.

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