Student Visitor Visa for more than 6 months?

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 7:03 pm

Hi! I have a very difficult case. I am Mexican and I am granted by a University in the UK for a Certificate that lasts for 9 months. The problem is that there is no Visa that covers more than 6 months and this is not a full-time course, so they cannot offer a Tier 4 visa, just a student visitor one. They said they could give me the first letter that covers the first 6 months, and then another letter for the remaining 6 months of the certificate. I have to go to Mexico in march so I would leave the UK for 1 month, but I am concerned that the inmigration at the airport won't allow me to enter the UK again because it is stated that you can not renew a student visitor visa for two consecutive periods, but is this true? What should I do? Thanks in advance for your support!

Post by **Lucapooka** » Tue Dec 11, 2012 7:43 pm

You won't be allowed to return to the UK for another six months, if you have previously been in the UK for six months.

What type of course will be study, as there is a concession to grant an 11 month student visit visa for some English courses.

VAT9.10

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 7:48 pm

Thanks for your response!

It is not an english course, it is a 60 credits at FHEQ4 Certificate.

Should I apply for an english course for the next six months? Or I won't be able to come back even if I come for another type of course and to end my Certificate. I already paid for it! And the University said they think there wouldn't be a problem :S

Lucapooka wrote:You won't be allowed to return to the UK for another six months, if you have previously been in the UK for six months.

What type of course will be study, as there is a concession to grant an 11 month student visit visa for some English courses.

VAT9.10

Post by **Lucapooka** » Tue Dec 11, 2012 8:15 pm

Apply for a Tier 4 student visa.

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 8:31 pm

I can't apply for a Tier 4 because it is not a full time course. That is exactly the problem, there is not a visa that covers a course that is not an english course, and is not a full time course, for more than 6 months. So I don't know if I can come back and apply for another course, an english course for example (and at the same time finish my certificate), or if I can stay as a tourist for the remaining 3 months, or if I can apply again for another course for 6 months (that as you said before is not a possibility). Thanks for your help, it has been very difficult to solve this out

Post by **Greenie** » Tue Dec 11, 2012 8:41 pm

It is not possible to apply for a tier 4 visa for a part time course.

There is no restriction on a student visitor applying for a second student visitor visa having recently left the UK after a 6 month stay however they may take issue with the fact that it is the same course the student is coming back to study.

Post by **Lucapooka** » Tue Dec 11, 2012 8:41 pm

Who is the education provider? Do they fall within the scope of student visit visa requirements.

http://www.ukba.homeoffice.gov.uk/visas ... uirements/

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 9:00 pm

But what about if it is the continuation of the same course, another term?

The provider is the University of Cambridge.

Post by **Lucapooka** » Tue Dec 11, 2012 9:03 pm

It's not permitted to spend more than six months in the UK as a visitor or a combination of visit categories. You can try to leave and re-enter but the risk of refusal is very high. What have Cambridge suggested?

Frankly, you would have a better chance of returning if you said it was a private visit of very short duration rather than to continue to study. However, I would not suggest that you offer an untruthful answer to any questions that may be asked. There may not be any questions asked.

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 9:09 pm

They suggested to enter with a new letter as a student for a new term again. But it seems I don't have any other chances...

Post by **Lucapooka** » Tue Dec 11, 2012 9:13 pm

They clearly don't know the immigration rules (or at least that person who corresponded with you).

Here's something that may be useful to know. A Brazilian who spends six months in the UK on a course of study and then visits his ancestors in Portugal before heading back home may have to re-enter the UK to catch his return flight to Sao Paulo leaving from Heathrow. He will be admitted for another period of six months, even if his flight in due to leave in a couple of days, because six months is the standard period of visit leave that is granted. If, after re-entering the UK, he changes his mind and chooses to remain in the UK for that period, he has committed no crime and is not in breach of any immigration rules.

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 9:28 pm

Thanks! That is very helpful! Just two more questions.

The Brazilian could study during those six months if he was willing to do so? Or just staying as a tourist for the remaining period of time.

And finally, my returning flight is in september, but the certificate end in june so I will be traveling in Europe, I will just come back to the Uk for a few days to take my flight back home...

Post by **Lucapooka** » Tue Dec 11, 2012 9:37 pm

Yes, because a person who is not a visa national (a visa national is from a country which the UK requires travellers to pre-apply for visit visas rather than getting entry clearance on arrival) can automatically follow the student visit route on entry or after entry without the need to make any adjustments to his visa. All that matters is the the course and sponsor are in accordance with the conditions for student visit visas.

The key to all of this is premeditated intention to do one thing or another and the ability to change one's mind about that after entry, and what questions are asked of you by the admitting officer (who may simply stamp you in and and wish you good luck without asking why you are returning). Having a good face for poker also helps!

Have you heard of an e-ticket locator reference for a flight reservation that is changeable or refundable?

RoxanaNC · Post by **RoxanaNC** » Tue Dec 11, 2012 9:57 pm

Thank you so much!

What would you recommend then, to enter with the renovation of the same certificate or with a new english course admission.

What do you mean with: Have you heard of an e-ticket locator reference for a flight reservation that is changeable or refundable?

Post by **Greenie** » Tue Dec 11, 2012 9:57 pm

Sorry but the advice above is incorrect. If you wish to enter the UK as a student visitor you must seek entry as such and your passport will be appropriately endorsed. You cannot just enter as a tourist and then decide to be a student visitor and Cambridge are unlikely to enrol you if you just have a standard general visitor stamp.

There is nothing stopping a student visitor spending 6 months in the UK leaving and then coming back to do another 6 month course immediately after. The problem you have is that you are coming back for the same course but if they are satisfied that you are a genuine student visitor you will probably be fine.

Post by **Lucapooka** » Tue Dec 11, 2012 9:58 pm

Greenie wrote:There is no restriction on a student visitor applying for a second student visitor visa having recently left the UK after a 6 month stay

Is this an official concession to the 6 out of 12 visit entry guidelines? If so that would be the ideal solution.

Post by **Lucapooka** » Tue Dec 11, 2012 10:06 pm

There is no special student visit endorsement for EC which is granted on arrival. It's exactly the same as the standard visit entry clearance. Several of my work colleagues went to London this year to study at the CASS Business School in the City. They showed their passports on arrival and nothing else. Their stamps are identical to those of my wife who travels to the UK both on business and as a visitor.

Post by **Greenie** » Tue Dec 11, 2012 10:22 pm

There is. I have seen such an endorsement on numerous occasions. The immigration officer should write SVV next to the stamp. Most universities would not enrol a general visitor. Perhaps your colleagues did not state their intention to study or perhaps the officer failed to make the correct endorsement.

Post by **Lucapooka** » Tue Dec 11, 2012 10:31 pm

Well, if you say so. They were all middle-aged business consultants dressed accordingly, and who do a lot of travelling, so the I don't think officer was too fixated on their reason for entry or associated immigration risks. Cass certainly had no issues admitting them with their standard EC stamps.

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Student Visitor Visa for more than 6 months?

Student Visitor Visa for more than 6 months?