Tier 4 General Student

You can apply to the Home Office, UKBA to extend your stay in the UK if you are already in the UK with a Tier 4 Student Visa. You can also switch into the Tier 4 (General) Student visa category if you are already in the UK with a valid visa and the immigration laws allow you to switch from your current visa to the Tier 4 (General) Student Visa. Tier 4 General is a Point Based Category and points are awarded for Confirmation Of Acceptance For Studies (CAS) and Funds for Maintenance. There is also a requirement that there should not be more than 30 days gap between the expiry of student's leave to remain in the UK and the start date of his course of study. If there is more than 30 days gap between the expiry of your leave to remain as a student and the start date of your new course, you are required to leave the UK and apply for Tier 4 General Student Visa from your country of nationality by submitting an entry clearance application to the British Embassy or High Comission.

Same Day Visa Service For Tier 4 General Applications

We are registered with the Home Office, Public Enquiry Office, Croydon to provide same day visa service for Tier 4 General applications. We can prepare and submit your Tier 4 General application to the Home Office, PEO, Croydon and get quick decision on your application. Tier 4 General is a biometric category and you will have to attend the Home Office along with our legal representative to give you biometrics. The application submitted through our same day visa service is usually decided within 24 hours.

Frequently Asked Questions (FAQs) About Tier 4 (General) Student Visa

Q.1: If I apply for Tier 4 General Student visa on or after 4 July 2011 will I get permission to work in the UK?

Answer: Where a Tier 4 (General) student is following a course at NQF 6/QCF 6/SCQF 9 or above with a Tier 4 sponsor which is a UK Higher Education Institution, or is undertaking a short-term study abroad degree programme at an overseas Higher Education Institution, the following work is allowed:

• part-time during term-time, which is no more than 20 hours a week;
• full-time during vacations;
• on a work placement as part of the course;
• as a postgraduate doctor or dentist on a recognised Foundation Programme;
• as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at NQF 3, 4 or 5/QCF 3, 4 or SCQF 6, 7 or 8, with a sponsor which is a UK Higher Education Institution, the following work is allowed:

• part-time during term-time, which is no more than 10 hours a week;
• full-time during vacations;
• on a work placement as part of the course;
• as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at any level with a sponsor which is a publicly funded further education college, the following work is allowed:

• part-time during term-time, which is no more than 10 hours a week;
• full-time during vacations;
• on a work placement as part of a course where the Tier 4 (General) student is studying with a Highly Trusted Sponsor or with any sponsor where the course is at NQF 6/QCF 6/SCQF 9 or above.
• as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at any level with a Tier 4 sponsor which is not a UK Higher Education Institution, a short-term study abroad degree programme at an overseas Higher Education Institution or a publicly funded further education college, he/she is not allowed to work whilst in the UK.

Q.2:   I am a Tier 4 General student who was granted leave to enter or remain in the UK on or after 4 July 2011. Can I sponsor my dependents to join me in the UK?

Answer:   From 4 July 2011, only new students sponsored by a higher education institution on a course at NQF level 7 or above lasting 12 months or more, and new Government sponsored students following a course that is longer than six months, will be able to bring their partners and/or children (also known as dependants) to the UK with them.

Dependants with existing permission wishing to extend their stay in the UK will be allowed to extend provided they apply at the same time as the Tier 4 (general) student applies to undertake a course of study that is longer than six months in duration.

Q.3: Can I switch to Tier 2 General category if I am on Tier 4 General visa in the UK?

Answer: If you are switching from a Tier 4 category, you must have successfully completed a course which lasted at least one academic year during your most recent period of Tier 4 leave (this is your current leave if it has not yet expired) and meet the full points requirement of Tier 2 in order to switch.

Q.4: I am a Tier 4 General Student in the UK and am in a relationship with a person who is permanently settled in the UK. Can I switch to spouse visa category by applying from inside the UK?

Answer: A Tier 4 student who was granted student visa for more than six months and still has a valid Tier 4 leave can switch into spouse visa from inside the UK after getting married to a person present and settled in the UK. It is pertinent to note that at the time of the FLR (M) application, the applicant should still have a valid Tier 4 General leave. If leave has expired, then switching into spouse visa category is not possible.

Q.5:  My Tier 4 General visa has already expired. Can I still apply for extension of my stay from inside the UK?

Answer: An out of time application (an application for extension of stay after the expiry of visa) as a Tier 4 General student is possible as long as the gap between the expiry of the leave and the start date of the course is not more than 30 days. If the leave did not expire more than 6 months ago, we can provide same day visa service for the Tier 4 General application. If leave expired more than six months ago, then you can only submit a postal application.

Q.6:  I applied for Tier 4 General extension before the expiry of my leave and my application was returned as invalid. Can I apply again?

Answer: Yes, you can apply again if your application was rejected as invalid. If your leave has already expired at the time you resubmit your application you may not get right of appeal against the refusal of your application. Also, you cannot be considered as an established student if you apply for your Tier 4 extension after the expire of your Tier 4 visa.

Q. 7: I applied for Tier 4 General visa extension after my leave had expired and the Home Office has refused my application. What are my options?

Answer: You may have two options if your application for Tier 4 General extension was refused and the application was submitted after the expiry of your Tier 4 visa: Firstly, you can apply again as a Tier 4 General student ; and secondly, you have the option to challenge the refusal by way of Judicial Review in High Court if the decision of the Home Office to refuse your application is unlawful.

Q.8: What is the definition of an established student?

Answer: A Tier 4 (General) student (including Post-graduate Doctors and Sabbatical Officers) has an established presence studying in the UK if he/she has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, as a student, or as a Post-graduate Doctor or Dentist when applying for further leave and on the date of application he/she:

• has finished a single course that was at least six months long within the applicant’s last period of entry clearance, leave to enter or leave to remain, or
• is applying for a continued study on a single course where the applicant has completed at least six months of that course

A Tier 4 (General) student can qualify for the reduced maintenance levels whether he/she is applying from inside the UK or from overseas.

Q. 9: I applied for my Tier 4 General visa extension and my application was refused by the Home Office. The Home Office did not return my passport. I want to know whether or not I can apply again?

Answer:  If your application was refused by the Home Office and your passport was not returned by the Home Office, then you can still apply again for Tier 4 General visa by post. It is not possible to use the same day visa service in cases where the Home Office has retained your passport.

Q. 10: I am a Tier 4 General student in the UK. I was caught by the Home Office UKBA working more than 20 hours and my visa was curtailed by the Home Office. Do I get right of appeal against such decision?

Answer: If the Home Office has curtailed or cancelled your Tier 4 visa on the grounds that you were working more than 20 hours, you may not get right of appeal against such decision. However, if you disagree with the allegation made by the Home Office about working more hours than allowed, then such decision of the Home Office can be challenged by way of Judicial Review in High Court. 

Q.11: How many points do I need to get Tier 4 General Student visa?

Answer: As a Tier 4 (General) student, you must have 40 points to qualify for Tier 4 General student visa. You must score:

• 30 points for having a valid confirmation of acceptance for studies (CAS) , which you get for studying a course at an acceptable level with an approved education provider (also known as a 'Tier 4 sponsor'), and for having acceptable English language skills; and

• 10 points for having enough money (also known as maintenance or funds) to cover your course fees and living costs.

Q.12: Who can switch into Tier 4 (General) category?

Answer: You can switch into Tier 4 (General) without leaving the UK if you have, or were last given, permission to stay in one of the following categories:

• Tier 1 (Post-study work)
• Tier 2 (General)
• Tier 2 (Intra company transfer)
• Tier 2 (Minister of religion)
• Tier 4 (Child)
• prospective student
• student (under the rules in place before 31 March 2009)
• student re-sitting an examination
• student nurse
• students writing up a thesis
• student union sabbatical officer
• work permit holder
• postgraduate doctor or dentist
• Science and Engineering Graduates Scheme
• International Graduates Scheme
• Fresh Talent: Working in Scotland Scheme

If you are currently in the UK in any other immigration category, you must leave the UK and apply for a Tier 4 (General) visa from your country of residence.

Q.13: What is a Tier 4 Sponsor?

Answer: To apply as a student under Tier 4, you must have been offered a place on a course of study by a 'Tier 4 sponsor'. This is an education provider which has been approved by the Home Office to teach international students.

If an education provider successfully applies to the Home Office for approval, the Home Office will give them a sponsor licence and add them to the register of Tier 4 sponsors. The register contains the education provider's name and location. It also indicates whether the education provider is a Highly Trusted sponsor, or is a standard sponsor with an A (Trusted) or B (Sponsor) rating. The B rating is a transitional rating, and means that the sponsor is working with us to improve its systems. Highly Trusted sponsors have demonstrated the highest levels of compliance with their duties. In return, they can offer a wider range of course levels and work placement opportunities.

Q.14: Who are "low risk applicants' for Tier 4 General Student Visa applications?

Answer: To be considered 'low risk', you must be sponsored by a Highly Trusted Sponsor, and you must be already in the UK or applying for a Tier 4 visa in your country of nationality.

Additionally, you must be a British national (overseas) or a national of one of the countries as listed on the Home Office, UKBA website. The Home Office, UKBA will confirm your nationality using your passport. The Home Office will normally review the list of 'low risk' nationalities annually.

Q.15: How can I challenge the refusal of my application for Tier 4 General Student Visa?

Answer: If you applied for Tier 4 General visa from outside the UK, the refusal of your application can be challenged by way of Administrative Review request within 28 days of the date of receipt of the refusal letter.

If you applied for Tier 4 General Student visa from inside the UK, you can challenge the refusal of your application by way of appeal to the First-Tier Tribunal within 10 working days of the date of receipt of the refusal letter (5 working days if you are in detention centre at the time of the service of the refusal letter). If you have not been granted appeal right, you can challenge the refusal of your application by way of Judicial Review in High Court within 3 months (90 days) of the date of the refusal letter.

Q.16: What is the processing time (waiting time) for Tier 4 General Student visa applications?

Answer:

•  An in-country application for Tier 4 General Student visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.

• An in-country application application for Tier 4 General Student visa submitted by post is decided according to the Home Office guidelines for prcessing of Tier 4 General Student applications

• An out of country Tier 4 General Student application submitted to the British Embassy / High Comission is decided by the Home Office UKBA accoring to the Home Office Guide to the Visa Processing Times.
  

Q.17: From where can I download the application form to apply for Tier 4 General Student visa from inside the UK?

Answer: You can download the application form Tier 4 (General) Student from the UKBA Website to apply for Tier 4 General Student visa from inside the UK.

Q.18: From where can I download the application form to apply for Tier 4 General Student visa from outside the UK?

Answer: You can download the application form VAF 9 and the PBS Appendix 8 - Tier General from the UKBA Visa Services Website to apply for Tier 4 General Student visa from outside the UK. 

Q.19: What is the visa application fee for Tier 4 General visa application?

Answer: You can check the visa application fee for Tier 4 General category from the Home Office, UKBA website. The application fee that you must pay depends on whether you are applying from inside or outside the UK - and, if you are inside the UK, on whether you are applying by post or in person.

If you are applying from inside the UK and are sending applications for your family members (known as dependants) at the same time as your own application, you can pay a reduced fee for your family members' applications by sending them with your own application in one envelope.

You can see the visa application fee for your application by visiting the Visa Application Fee on the UKBA Website.

Why Choose Sunrise Solicitors For Your Tier 4 General Student Application?

The immigration solicitors at Sunrise Solicitors are experts in dealing with Tier 4 General applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your extension of stay as a Tier 4 General Student and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your Tier 4 General Same Day Visa application, we will do the following casework for you:

• Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Home Office, UKBA in your Tier 4 Student Application

• Our immigration solicitors will discuss your case in detail with you and advise you about the weaknesses and strengths of your Tier 4 Student Visa

• Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your Tier 4 (General) student application

• Our immigration solicitors will consider the contents of the documentary evidence to be submitted in support of the Tier 4 (General) Student application and discuss the same with you

• Our immigration solicitors will complete the Tier 4 application form and discuss the same with you

• Our immigration solicitors will prepare a covering letter to introduce and support the student visa application and submit your application to the Home Office, PEO through our Same Day Visa Service

• Our immigration solicitors will liaise with the Home Office, PEO for expeditious decision on the Tier 4 student visa application

• Our immigration solicitors will protect your interests while your application is pending with the Home Office, PEO and keep you informed of the progress on the matter

• Our immigration solicitors will do all the follow up work until decision is reached on your student visa application

• Our immigration solicitors will advise you about the implications of the Home Office decision.

How Much We Charge For Tier 4 General Application?

• We will charge you a fee from £600.00 + VAT for our professional immigration services in relation to your Tier 4 General Same Day Visa application. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.

• Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her immigration matter.

• If you cannot afford to pay our fee in full at the time of instructing us in relation to your Tier 4 General application, you can pay half of the fee at the time of instrucing us and rest of the balance can be paid within a month from the date of initial instructions.

• The agreed fee will cover all our work until decision by the Home Office on your Tier 4 General application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, Home Office fee etc.