PhD study for less than 12 months

[baysideclover]

Hi there,

I am an American student who has been studying at the university of York on a valid tier 4 visa since october 2011. In august 2012, i was offered a PhD position at Durham university, that (due to many complicated reasons) was actually officially a job rather than a student position - hence, I now needed a tier 2 visa. Durham is an A rated sponsor and provided me with a CoS, also proving they had passed the resident labour market test.

I left York officially mid-September 2012 and applied for the tier 2 visa from within the UK. I have now heard from the UKBA that I need to supply evidence that I studied at York for a "full academic year"... what this means I am unsure, but the UKBA guidance seems to say 12 months MINIMUM.

I have now supplied them evidence that I studied at York for 11.5 months (6th Oct 2011 - 25th Sept 2012). This is SO CLOSE to 12 months and is much more than an "academic year"! But I am so worried now that my application is going to be rejected based on those 2 measly weeks... even though my employer has passed the RLMT!

So two questions...

1) To those experts out there - how likely is it that the kind person dealing with my application at UKBA will let me off with 11.5months rather than 12?

2) If my application is refused, do I bother appealing (as obviously i HAVEN'T studied here for 12 months, so will probably get rejected), or leave the UK and apply again from the USA where the 12 months rule doesnt apply?

3) How likely is my second application to be refused if your first one is?

Any help much appreciated - thanks so much!!

[baysideclover]

Any help on this...?

[manci]

1). There is no ay of knowing, you may be lucky. The relevant words in Immigration Rule 245HDs are:
"...the applicant must have completed a minimum of 12 months study in the UK towards a UK PhD"

2). Little point in appealing if the refusal is on the basis of the shortfall in the 12 month period.

3). If you return to the US and apply for entry clearance the refusal of your in-country application because of the shortfall should not affect the success of the entry clearance application. However, you will need a new (restricted) CoS from Durham.

[baysideclover]

Hi, so if I make a new application back in the USA I will need a new COS - I can't use the same one I have just used? The expiry date on the COS I have isn't until December, so couldn't I just apply with the same COS?

Oh dear

[manci]

Because you previously applied for switching from T4 to T2 in-country, what has been assigned to you by Durham was an unrestricted CoS. If you apply from abroad you will need a restricted CoS. For these there is a monthly allocation process, Durham HR will be familiar with it.

If a T2 sponsor submits the application for a restricted CoS by the 5th of a month the decision will be made on the 11th. If you want to read about it, it is in paras 245-275 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary