The Home Office have clarified that existing Tier 4 students whose leave expires between 24 January 2020 and 31 August 2020 (previously 31 July 2020), and who would otherwise have been unable to extend their leave from inside the UK, will be able to exceptionally apply for further leave to remain from within the UK under the Tier 4 Student route.
Applications must meet all other necessary requirements, including the issuance of a valid Confirmation of Acceptance for Studies (CAS) from an appropriate institution.
Applications submitted on this basis must be:
- Submitted prior to the expiry of the migrant’s current leave; or
- If the migrant’s leave expired or will expire between 24 January 2020 and 31 August 2020, an application must be submitted before 31 August 2020; or
- Submitted by 1 October 2020 if the migrant has been issued ‘exceptional indemnity’ by the Coronavirus Immigration Team. Exceptional indemnity is discussed in our blog published on 30 July 2020.
The guidance further confirms that this concession also applies to students studying at establishments such as non Higher Education Providers (with a track record of compliance) and who would usually be required to apply from their home country for leave to enter as Tier 4 students.
An exemption may be applied to students whose leave expires between 24 January 2020 and 31 August 2020, who cannot travel overseas to make an entry clearance application due to COVID-19, in respect of the requirement to demonstrate academic progression. Such students will be exempt from the academic progressions requirement if the Sponsor is able to confirm on the CAS that the previous course and the new course in combination support the migrant’s genuine career aspirations. This concession will only apply to courses beginning before 31 December 2020. This situation is relevant to those migrants who had previously undertaken an integrated Masters or PhD/MPhil and who wish to continue with a lower level qualification.
If you have any queries about applying for a Student Visa, or if you are concerned about your status in the UK, please do not hesitate to contact us.
Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on this site.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
Immigration Consultant in our corporate team