Change of Status- Possible in Country?

[Tony333]

Hi Brainy Team!!!

I am on a work pemrit at the moment which is going to expire on 30th Sept. I have decided to take admission in University and become a student once again. I was on student visa prior to work permit.

Is it possible to get status change without leaving UK? If possible what is the procedure please.

Thanks
Tony

[tvt]

If you are not a visa national it should not be a problem.

[Tony333]

Yes I am a Visa national.

[Kayalami]

As a visa national you are not eligible to switch status in the UK unless in limited categories e.g. student to WP holder. An opposite switch as you intend to do would be considered outside the rules.

IMHO it is better for you to return to your home country and re-apply for a student visa given that the Home Office has curtailed the use of discretion unless under the most compelling grounds e.g there was no Embassy in your country. Further a refusal of the switch would make it more problematic to return to the UK given that the ECO would refer back into the reasons for refusalwith the Home Office (via fax) delaying your application and potentially providing him/ her with further grounds of refusal.

Have you considered the HSMP scheme if you qualify or obtaining an extension/ new WP?

[Jeff Albright]

In-country refusals, including the ones made to application outside the rules, providing the decision is taken on the day when the applicant still has previous leave to remain, will not affect future applications from overseas if the person leaves the UK, as a result of this decision, before or on the final day of his leave.
The applicant does not get any mark in his/her passport as a result of refusal.

In this case, when applying from overseas, the applicant will not have to put into his application the information that he has previously been refused to vary his leave in the UK.

[Kayalami]

Jeff,

Sorry I must respectfully disagree with you on all aspects.

In-country refusals, including the ones made to application outside the rules, providing the decision is taken on the day when the applicant still has previous leave to remain, will not affect future applications from overseas if the person leaves the UK, as a result of this decision, before or on the final day of his leave.

Your previous UK immigration history is considered when any immigration application be it 'in country' or outside the UK i.e. at an overseas British Diplomatic Post is made. Where an overseas visa applicant has had previous refusals this must be considered in the context of the reasons and the visa you now wish to apply for. In the circumstances of the original poster the ECO can state that he is not satisfied on the balance of probabilities that the applicant will leave the UK given that he/ she has been in full time employment there before and may seek to resume such contrary to the immigration rules for a student visa.

The applicant does not get any mark in his/her passport as a result of refusal

The Home Office will underline the expiry date on a LTR ink stamp extending such to the outside areas of the stamp usually a pentagon - this signifies a refusal. Where there is a vignette they imprint cancelled on it and additionally add a barcode sticker to all pages of the passport. Further the info is recorded on the applicant's Home Office database which the ECO can readily access.

In this case, when applying from overseas, the applicant will not have to put into his application the information that he has previously been refused to vary his leave in the UK.

All the VAF forms have a section - "Previous Applications and Travel" which categorically ask if you have had a UK visa refused (to include in country refusals) or required to leave the UK as the applicant would be pursuant to a refusal. You then sign a statement to the effect that all the info you provide is true on the basis of an application made in accordance with the provision of the applicable acts - Immigration Act 1971 as amended by the Immigration & Asylum Act 1999.


Tony,

Its up to you if you want to take your chances with an 'in country' application. I hope the information here helps you in making a decision.

rgds

Kayalami

[Jeff Albright]

Kay,

Appreciate your comments, however, what I have told follows from practical experience rather than a guess.

Your previous UK immigration history is considered when any immigration application be it 'in country' or outside the UK i.e. at an overseas British Diplomatic Post is made. Where an overseas visa applicant has had previous refusals this must be considered in the context of the reasons and the visa you now wish to apply for. In the circumstances of the original poster the ECO can state that he is not satisfied on the balance of probabilities that the applicant will leave the UK given that he/ she has been in full time employment there before and may seek to resume such contrary to the immigration rules for a student visa.

Makes sense to me. However, not true from my personal experience. My wife being from one of Commonwealth countries was refused extension of her stay here last year (followed by a short extension of her student visa)because we have made a few silly mistakes while filling up an application form. There was no right of appeal apart from HR Article 8. For the purpose of speediness of getting renewal of her visa, we decided not to appeal and she went to her home country and in 2 days got a visitors visa and came back to arrange a follow-up course. There was no problems whatsoever of getting a visa (she had about 5 UK visas in her passport dating back in 1990 and 1 into the US and 1 into Australia). She stayed here all 6 months, went back home again and applied for a 3 year student visa to cover her course. At first, visa was refused due to insufficient funds declared, however when it was corrected, in 2 days later she got a visa without problems or interviews and came back to the UK.
Outcome - some sort of refusals do not prejudice further applications.
I know the second similar case.

The Home Office will underline the expiry date on a LTR ink stamp extending such to the outside areas of the stamp usually a pentagon - this signifies a refusal. Where there is a vignette they imprint cancelled on it and additionally add a barcode sticker to all pages of the passport. Further the info is recorded on the applicant's Home Office database which the ECO can readily access.

Not true. Nothing has been stamped. The passport in both cases was returned unmarked. The same when she was applied from overseas when she was refused first due to insufficient funds. No markings in the passport have been made.
Conclusion - there is no point of spoiling someone's immigration history. People are allowed to make mistakes. If they are honest they do not have to be punished so that it can jeopardise their future visits.

Al the VAF forms have a section - "Previous Applications and Travel" which categorically ask if you have had a UK visa refused (to include in country refusals) or required to leave the UK as the applicant would be pursuant to a refusal. You then sign a statement to the effect that all the info you provide is true on the basis of an application made in accordance with the provision of the applicable acts - Immigration Act 1971 as amended by the Immigration & Asylum Act 1999.

Technically true. But here is another experience - a person submits an application and he was refused an entry clearance before but then obtained one. In a while he goes to British Embassy again and applies for his next visa. The ECO interviews him immediately and asks him about reasons of his previous refusal. He tells the ECO the truth that he had made a mistake but then reapplied and was approved. The ECO crosses out the answer "yes" to the question "Have you been refused a visa to the UK before" and puts "no".
You only put "yes" if you have been refused and not approved again. If you subsequently obtain an entry clearance that cancels out any refusal issued against you before.

Again, technically, ECO CAN refer to the IND in London to check something but only if there is a reason for doing so, for example if ECO becomes suspicious of anything. Usually, only certain types of applications are referred. ECOs deal with hundreds of applications every day and there is no way they are going to check everyone unless there is a strong reason to be suspicious. Moreover, to access the file in the IND system they must know the reference number. If you do not give it to them they will not be able to find any information, or if they do, it would take weeks or months for them to do.
Again - this all comes from previous experience of people involved in these issues.


Tony - it is up to you what you are going to decide.

[Kayalami]

Jeff,

Thanks for sharing your experiences - they have certainly been different to mine although I hope to clarify a few things.

Makes sense to me. However, not true from my personal experience. My wife being from one of Commonwealth countries was refused extension of her stay here last year (followed by a short extension of her student visa)because we have made a few silly mistakes while filling up an application form. There was no right of appeal apart from HR Article 8. For the purpose of speediness of getting renewal of her visa, we decided not to appeal and she went to her home country and in 2 days got a visitors visa and came back to arrange a follow-up course. There was no problems whatsoever of getting a visa (she had about 5 UK visas in her passport dating back in 1990 and 1 into the US and 1 into Australia). She stayed here all 6 months, went back home again and applied for a 3 year student visa to cover her course. At first, visa was refused due to insufficient funds declared, however when it was corrected, in 2 days later she got a visa without problems or interviews and came back to the UK.
Outcome - some sort of refusals do not prejudice further applications.
I know the second similar case.

ECO's have wide discretion to issue visas based on the applicant satsifying them that they meet the requirements of the rules. The most difficult rule to satisfy for 'non-settlement' applications is that of 'intends to leave the UK' at the end of their temporary stay because this is a very subjective matter. It appears that the ECO was satisfied on this ground by your wife's extensive travel into/out of the UK as well as the US/Oz (or holding their visas as appropriate) - these things are looked upon favourably. Her student visa was refused on an objective criteria - you don't have enough funds. This was corrected satisfying the ECO's concerns so she accordingly granted a student visa. Therefore the ECO did consider your wife's UK immigration history for both applications and it was such that it did not raise any concerns. The original poster is a WP to student switch - IMHO I suspect there may be an issue with the 'will not work full time in breach' part of the student rules.

Not true. Nothing has been stamped. The passport in both cases was returned unmarked.

AFAIK only reason there was no refusal mark on the passport was because the decision was made while your wife had some leave left on her passport. Where decision made after leave has expired (even though application submitted in time) operational policy is to cross the pentagon or imprint cancel on any vignette as I described before. Irrespective of a mark or not the refusal is stored in the HO database.

The same when she was applied from overseas when she was refused first due to insufficient funds. No markings in the passport have been made.
Conclusion - there is no point of spoiling someone's immigration history. People are allowed to make mistakes. If they are honest they do not have to be punished so that it can jeopardise their future visits.

Somewhat surprised by this which appears to be a local practice - what is the visa post in question. All visa applications received at an overseas post have receipt date and mission e.g. 'Paris' stamped on them although some posts make an annotation on a page on your ppt. Where an application is rejected the stamp has a horizontal line crossed through it. HO database subsequently updated with details of the refusal.

Technically true. But here is another experience - a person submits an application and he was refused an entry clearance before but then obtained one. In a while he goes to British Embassy again and applies for his next visa. The ECO interviews him immediately and asks him about reasons of his previous refusal. He tells the ECO the truth that he had made a mistake but then reapplied and was approved. The ECO crosses out the answer "yes" to the question "Have you been refused a visa to the UK before" and puts "no".
You only put "yes" if you have been refused and not approved again. If you subsequently obtain an entry clearance that cancels out any refusal issued against you before.

In the 'previous travel details' of the VAF forms there is a section querying what happened after any refusals - the applicant should/can re-state that a visa was issued here. It is better for the ECO to correct the form as appropriate if it comes to it as opposed to raising concerns that you are concealing what may be deemed to be a material fact.

Again, technically, ECO CAN refer to the IND in London to check something but only if there is a reason for doing so, for example if ECO becomes suspicious of anything. Usually, only certain types of applications are referred. ECOs deal with hundreds of applications every day and there is no way they are going to check everyone unless there is a strong reason to be suspicious. Moreover, to access the file in the IND system they must know the reference number. If you do not give it to them they will not be able to find any information, or if they do, it would take weeks or months for them to do.

Having a reference number speeds up things but is not a show stopper. Concur that not all applications referred although some are always irrespective of whether the ECO deems it to be bona fide or not e.g. innovator status.

Again - this all comes from previous experience of people involved in these issues.

We have had different perspectives on this through both direct and indirect personal experience so I am not disputing your comments based on such - I think some aspects come down to individual cases although there is a standard set of procedures and operational policy to be followed for all cases.