HOW TO EXTEND YOUR LEAVE TO REMAIN

Transcription

University of Lincoln
International Advice Team
How to Extend Your Leave To Remain
HOW TO EXTEND YOUR LEAVE TO REMAIN
(Applying for a Tier 4 General Visa in the UK)
This guide is only accurate on 06/04/2014. The Home Office can change
information at any time therefore this guide must be read alongside the latest
Home Office Tier 4 Policy Guidance and Immigration Rules available at:
www.gov.uk/visas-immigration
International students coming to study a full time course for 6 months or more at the
University of Lincoln will need to apply for a Tier 4 (General) Visa. It is important that you
prepare carefully and provide all original academic documents and formal, original financial
evidence to show that you have held the necessary funds for the required period. You
should complete all sections of the application form, fully and accurately. You should wait
until you have obtained your immigration permission (visa) before you book any nonrefundable tickets for travel. You must meet the requirements of the Immigration Rules
which are in force on the date that you submit your immigration application. The details in
this guide are based on the changes to the Immigration Rules which came into force on 6th
April 2014.
What is extending leave to remain?
This is when you apply for a visa in the UK; it is sometimes called a visa extension. You must
meet the requirements of the Immigration Rules which are in force on the date that you
submit your immigration application.
How much does it cost?
The fee is £422 for the main applicant (£422 for each dependant) if you apply for standard
service. Standard service is when you post your documents or we post your documents
through the Student Batch Scheme. It is £822 if you apply for premium service (this is when
you book an appointment and take your documents in person).
When you apply online all fees will be payable in full. If you pay for the premium service and
you fail to attend your appointment, without good reason, the Home Office will keep £100
of your fee. Always check www.gov.uk/visas-immigration for the most up-to-date prices.
When should I apply?
You must start to prepare your application and attend our Tier 4 Visa Workshops at least
four months before your current visa expires (for more information see ‘how do I apply’).
This is very important because if you apply early enough and your visa application is refused
or rejected you may still have time to apply again before your current visa expires. If your
visa application is rejected or refused and your current visa has expired you will become
an overstayer and you will not be able to apply again in the UK, you will need to return
home.
It is important that your 'date of application' is before your current immigration permission
ends (visa expiry date). When using the online method of applying your date of application is
the date on which you pay the application fee online. You must submit your documents by
post within 15 working days of this date, or submit them in person at a Public Enquiry Office
within 45 working days of this date.
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If you remain in the UK after your visa expiry date without submitting an application for
further leave to remain, then you become an overstayer which is a criminal offence.
Becoming an overstayer can have serious consequences for any future immigration
applications that you make, including applications for countries other than the UK.
If you think you will become an overstayer you must speak to the International Advice
Team immediately because you cannot study at the University of Lincoln if you have
overstayed your visa.
If you are unable to apply before your visa expires you should leave the UK before the expiry
date and apply for a visa from home (apply for entry clearance to return to the UK as a Tier 4
student).
If you are applying for leave to remain to continue on a course that you are already studying,
you can submit your application as soon as you meet all of the requirements. However, if
you are applying in order to start a new course you must not submit your application more
than three months before the start date, as stated on your CAS. If you are changing
university you should also wait until you have finished, or almost finished, your studies at
the first institution before you make your application for leave to remain to study at the
second one.
If you have finished one course and wish to stay in the UK to start another course, the gap
between the end of your current immigration permission and the start of your new course
must not be more than 28 days otherwise your application will be refused if you apply from
within the UK.
How do I apply?
If you would like our help you can attend our Tier 4 Visa Workshops which happen every
Tuesday at 5:30pm in the Library room 101, this is a free service offered to any international
student. We provide information and guidance about the online application form including
the required supporting documents. You can attend as many workshops as you need to.
Before you attend a visa workshop you must first create an account with the Home Office.
You can collect a guide from the Student Support Centre which will explain in detail how to
do this, alternatively you can email [email protected] and we can email you
a guide. Do not start the application form before you attend a visa workshop.
At the Tier 4 Visa Workshop you complete the online form for both the standard service (this
is when you post your documents) and the premium service (this is when you book an
appointment). If you select the Premium Service it will give you the opportunity to book
your appointment before you pay, therefore you can see if there is a suitable appointment.
If you cannot find an appointment you can then change to standard service and we can post
your documents through the Student Batch Scheme.
The date you pay the application fee is classed as the date you make your Tier 4 visa
application. If you are applying using the University’s International Advice Team, after
submitting your application online you must give your documents to us at a Document
Submission Session and we will post them for you. You must get your documents posted to
the Home Office within 15 days of submitting your application online, if you do not your
application will be rejected.
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The University expects you to attend a Tier 4 Visa Workshops and to send your documents
to the Home Office via the Student Batch Scheme. This means that the University is aware
that you have made your application from the moment it has been submitted online and
your documents have been posted. The University is also aware when your documents are
returned and what the outcome of your application is.
From August until the start of November 2013 Tier 4 Visa Workshops will happen more
frequently. Please contact the International Advice Team nearer the time to find out
dates, times and locations.
What is the Student Batch Scheme?
The Student Batch Scheme is where the International Advice Team posts your documents to
the Home Office on your behalf, this is a free service. We can only do this for you if you
attend a Tier 4 Visa Workshop. It is still your responsibility to complete the online
application form and gather all of the documents that you need to submit in support of your
application. However we can provide information and guidance before you submit your
application online and after your documents have been posted to the Home Office. The
Student Batch Scheme also provides us with a contact telephone number for the Home
Office which we can use in certain instances where there are any queries about your
application. If you use the Student Batch Scheme, the International Advice Team are your
correspondence address which means your biometrics letter, documents and visa card will
be returned to us. When we receive any correspondence for you we will always contact you
via your student email address.
Do I need to go for an interview?
From 1 October 2013 you may be asked to attend a credibility interview as part of the
application process. During this interview a member of Home Office staff will assess
whether you meet the English language requirements, and also if you are a 'genuine
student.' If you are asked to attend such an interview you must do so (unless you have a
good reason as to why you cannot), otherwise your application is likely to be refused.
These interviews do not include any opportunity to discuss your application or evidence. If
you feel that an aspect of your application needs further explanation, we advise that
you submit your documents through the International Advice Team via the Student Batch
Scheme by post and we can include a covering letter containing the relevant information.
What biometric data do I have to give?
If you submit your documents through the International Advice Team the Home Office will
write to us and ask you to attend a participating post office. We will contact you by email
when this letter arrives. At the post office you have to register your biometric data
(photograph, fingerprints and digital signature). Unfortunately you cannot register your
biometrics at a Post Office in Lincoln; you must travel to Nottingham or Grimsby. It is very
important that you register your biometrics as soon as you receive the letter, if you do not
do this your visa application will take longer. If you submit your application in person at a
public enquiry office, you will be required to give your biometric data on the day of your
appointment.
What supporting documents will I need?
In addition to the completed Tier 4 (General) Student Visa application form you will need to
provide the following documents:
 Passport / Travel document - you should submit any passports that you have used
to enter the UK.
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Two passport photographs - you must read the photo guidance provided by the
Home Office before submitting them (www.gov.uk/photos-for-passports).
Confirmation of Acceptance for Studies (CAS) - a CAS is a unique reference number
that is generated for you by The University of Lincoln, you must write this reference
number on your Tier 4 application form. A CAS is valid for 6 months from the date it
is generated by the University. For more information about a CAS please view
UKCISA’s website and search ‘CAS’ www.ukcisa.org.uk.
Proof of Qualifications* – You must submit the original certificate or original results
transcript for all qualifications that your institution has listed in the 'evidence used
to obtain offer' section of your CAS. If you submit any certificates or transcripts that
are not in English you must also include an original, official translation of each.
Evidence of Finances* – you need to show that you have enough money to pay for
all your course fees and your living costs while you are in the UK. You are only
allowed to use funds held in your name or in your parent's / legal guardian's name
(or names). The Home Office refers to this money as maintenance (funds)
requirements. (This evidence is explained in more detail later in this guide).
Police registration certificate – if you were required to register with the police, you
must submit this certificate, it must be up-to-date with your current address.
ATAS Certificate (if applicable) – some students studying on certain courses require
an Academic Technology Approval Scheme (ATAS) certificate. This is a certificate
issued by the Foreign and Commonwealth Office, which gives you security clearance
to study certain subject areas. If you are unsure if you need an ATAS certificate
check with the University or visit www.gov.uk/academic-technology-approvalscheme.
Evidence of Official Financial Sponsorship (if applicable) – If you are financially
sponsored by your government, an international company or another scholarship
agency, you must provide a letter from your sponsor confirming the details of your
sponsorship including the amounts of money received. This should be on official
letterhead paper and it should show:
- Your name;
- The name and contact details of your sponsor;
- The date of the letter;
- The length of your sponsorship; and
- The amount of money the sponsor is giving you or a statement that your
official financial sponsor will cover all of your fees and living costs.
If your Official Financial Sponsor is not covering your entire course fees and
maintenance you must have the rest of the money required.
Translations - If your application includes any documents which are not in English
(or Welsh), you must also include an original translation of each document. Each
translation must contain:
- Confirmation from the translator / translation company that it is an
accurate translation of the original document
- The date of the translation
- The full name and original signature of the translator, or of an
authorised official of the translation company
- The contact details of the translator or translation company; and
- (If you are already in the UK and are applying for further leave)
certification by a qualified translator and details of the translator or
translation company’s credentials
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How much money do I need to show for my maintenance?
You will need to show that you have enough money to pay for your course fees and your
living costs while you are in the UK. You will also need to show that you have direct access to
this money. The Home Office refers to this as the maintenance (funds) requirements.
Follow the flowchart to understand how much money you need to show for your
maintenance:
Maintenance is a common area for visa refusals, if you are unsure about the money you
are preparing we would advise you to prepare the highest amount of maintenance (£7380
for living costs plus your course fees).
I’m applying with dependants; do I need to prepare extra maintenance?
If you are applying with dependants each dependant must also have a certain amount of
money, held in a bank or building society account, or an account with an officially regulated
financial institution. All dependants will need to have evidence of this, and in most cases,
your dependant must produce this evidence with their immigration application.
The money can be held by the dependant or by you. If the dependant is your child, the funds
can be held by the child’s other parent, but only if the other parent will come to the UK too.
For exact maintenance figures please contact the International Advice Team
[email protected] alternatively view the information produced by UKCISA at
the following link http://ukcisa.org.uk/International-Students/Immigration/Dependants/Financial-requirements/.
What evidence do I need to provide to show my maintenance?
You are only allowed to use evidence of funds held in your name or in your parent's / legal
guardian's name (or names).
You will need to provide:
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Personal bank statements or
Building society statements or
A building society passbook or
A certificate of deposit (see below) or
A letter from your bank or
A regulated financial institution, confirming your funds, or
A letter from a regulated financial institution confirming that you have a loan that is
provided by the national government, the state or regional government or a
government sponsored student loan company or that is part of an academic or
educational loans scheme.
Your evidence must show:
 Your name and/or parent(s)/legal guardian's name
 The account number
 The date of the statement
 The financial institution’s name and logo
The bank statements provided should be the original paper statements. However if you use
electronic bank statements these will need to be stamped by the bank on each page.
If the money is held in your parent(s)/legal guardian's account or your bank account is a
joint bank account you will also need to provide:
 Documentation that proves your relationship to them (for example a birth
certificate);
 A letter from your parents/legal guardian/joint account holder which gives you
permission to use their money.
Can I use a certificate of deposit as evidence of my maintenance?
Certificates of deposit are not listed as acceptable evidence in the Immigration Rules or the
Tier 4 policy guidance, but the Home Office's Modernised Guidance for staff assessing Tier 4
applications confirms on page 93-94 that a certificate of deposit will be accepted if it meets
all the criteria outlined above.
If you are using a certificate of deposit the certificate of deposit must:
 Have been issued within 31 days of the date of application
 At least 28 days must have elapsed between the date of the deposit and the date of
issue of the certificate
 There must be no wording on the document which indicates the funds are frozen or
otherwise inaccessible
How long should the money be held in my bank account?
You must show that this money has been held in the account for a minimum of 28 days and
the final date of this 28 day period must not be more than 31 days old on the date that you
submit your application. Use the calendars on the next page to understand this further.
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There are very strict rules about bank statements and you must check the Tier 4 Policy
guidance for the most up-to-date information.
When will my immigration permission (visa) start?
Your leave to remain will start on the date your biometrics residence permit (BRP) is issued
by the Home Office. The date will be stated on your BRP card and it will be delivered to the
University if you apply through the Student Batch Scheme. The International Advice Team
will contact you by your student email when it arrives.
Is your visa correct?
Leave to remain is issued on a card, a Biometric Residence Permit (similar to a credit card).
When you receive your visa card you must check:
 Your name and date of birth
 That you are a Tier 4 (General) student
 The Sponsor Licence Number (SLN) of the institution that you intend to study at
 That the start and end dates of the permission are correct (contact the Student
Support Centre if you are unsure of these dates)
 Whether you can work (contact the International Advice Team if you are unsure of
the rules surrounding international students and work)
 For some students, the instruction to register with the police
If there is an error on your visa card (BRP) you must follow the instructions on the letter
which your visa was attached to. The letter states that you must email
[email protected] within 10 working days of getting the card or you may be
charged for a replacement and have to apply again. The letter also states that you must
provide your full name, date of birth, nationality, passport number, contact telephone
number, visa card number (BRP) and case reference number along with a clear explanation
of what is wrong with your visa card. If the Home Office do not acknowledge your email or
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the mistake please attend the next Immigration Drop-in on a Tuesday between 10:00am1:30pm in the Student Support Centre. However you must make sure you follow the
instructions and email the Home Office first, before attending the Immigration Drop-in.
When will my immigration permission (visa) end?
Your immigration permission will end:
 Four months after the end of the course, if your course will last twelve months or
more.
 Two months after the end of the course, if your course will last six months or more,
but less than twelve months.
 One month after the end of the course, if your course will last less than six months
and is a pre-sessional course.
 Seven days after the end of the course, if your course will last less than six months
and is not a pre-sessional course.
If you will be studying for part of a month, this will not be ‘rounded up’. For example, if your
course will last eleven months and three weeks, you will be granted an additional two
months after the end of your course.
Make a note of the date that your immigration permission ends (visa expiry date). You
must not remain in the UK after this date, unless you have already submitted an
immigration application for further leave to remain in the UK. . If you are going to extend
your permission to stay you must start to prepare your application 4 months before your
visa expiry date. Please attend the Immigration Drop-in on any Tuesday from 10:00am1:30pm in the Student Support Centre for further information about extending a Tier 4 visa
in the UK.
* Applications by “low risk” students
Nationals of some countries do not need to provide evidence of their:
 Qualifications
 Money
You are a “low risk student if you are applying for a Tier 4 (General) Student Visa and are
from:
 Argentina
 Australia
 Barbados
 Botswana
 Brunei
 Canada
 Chile
 Croatia
 Japan
 Malaysia
 New Zealand
 Oman
 Qatar
 Singapore
 South Korea
 Trinidad and Tobago
 United Arab Emirates
 USA
 Hong Kong (SAR passport)
 British National (Overseas)
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Taiwan (ROC - passport and residence card number)
If you are a “low risk” student and you are sending your visa application through the Student
Batch Scheme you MUST submit evidence of your qualifications and money. The
International Advice Team will not accept an application without these documents.
If you are not applying through the Student Batch Scheme we still advise “low risk” students
to obtain evidence of your qualifications and money. This is because the Home Office can
still request this evidence at any time. If you do not send it to them within a certain amount
of time they will refuse your application.
Where should I go for further help?
If you need help with your application you can contact the International Advice Team at the
University of Lincoln at [email protected]. We can provide further
information and guidance regarding the Tier 4 Visa application process and other
immigration issues. If you are outside the UK and you would like to speak to an adviser
please email us and request a telephone appointment.
You can follow the International Advice Team on Facebook and Twitter for useful updates:
www.facebook.com/UoLAdviceGuidanceFunding and www.twitter.com/UniLincSupport.
UKCISA is the UK Council for International Student Affairs and they promote and protect
the needs of international students in the UK. They have lots of information sheets on other
topics of relevance to international students. To find them follow this link to their website
www.ukcisa.org.uk.
Contact the International Advice Team:
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[email protected]
www.twitter.com/UniLincSupport
www.facebook.com/UoLAdviceGuidanceFunding
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HOW TO EXTEND YOUR LEAVE TO REMAIN

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