UK immigration lawyer advice needed, help!
Discussion
I'll try and keep this brief-
My gf is from the USA, and has spent the last year studying an MSc psychology conversion course at herts uni.
She is due to start her Forensic psych MSc in 3 weeks or so, but getting the CAS has beena nightmare because her new school, middlesex uni, are bloody useless.
Now that the CAS is nearly sorted, she is being told that she has to apply for her next visa from the USA, and can't do it from the UK, is there any legal way round this?
We really can't afford to fly her to the states for a week at such short notice, and were both unaware of this caveat...information on the web is frankly shocking, and varies massively.
Are there any legal types on here that can shed any light? happy to pay if needed, just need some accurate advice as this is super time sensitive.
thanks.
My gf is from the USA, and has spent the last year studying an MSc psychology conversion course at herts uni.
She is due to start her Forensic psych MSc in 3 weeks or so, but getting the CAS has beena nightmare because her new school, middlesex uni, are bloody useless.
Now that the CAS is nearly sorted, she is being told that she has to apply for her next visa from the USA, and can't do it from the UK, is there any legal way round this?
We really can't afford to fly her to the states for a week at such short notice, and were both unaware of this caveat...information on the web is frankly shocking, and varies massively.
Are there any legal types on here that can shed any light? happy to pay if needed, just need some accurate advice as this is super time sensitive.
thanks.
US embassy is no help as this is essentially a UK matter. SU and admissions/CAS team etc are a seperate beast to the whole visa thing, thats effectively the GFs responsibility.
She's a continuing student and wasn't aware she would have to reapply/switch the visa from outside the country (which costs £335 vs £1500 in the uk). There's a chronic lack of info from the universities on these matters, she's also been slaving over her dissertation on top of all this.
The problem is, because middlesex have dragged their ass over issuing her CAS, she has literally 3 weeks until the start of the course, so it seems our only option is paying a solicitor to fast track it.
complete sh*t show by all accounts.
She's a continuing student and wasn't aware she would have to reapply/switch the visa from outside the country (which costs £335 vs £1500 in the uk). There's a chronic lack of info from the universities on these matters, she's also been slaving over her dissertation on top of all this.
The problem is, because middlesex have dragged their ass over issuing her CAS, she has literally 3 weeks until the start of the course, so it seems our only option is paying a solicitor to fast track it.
complete sh*t show by all accounts.
Who is telling you she needs to apply from outside the UK and for what reason?
To caveat...Im not a lawyer...but have had a few run ins with UK Immigration....and Im also guessing somewhat at her full circumstances, but it's possible that her next course may not represent "academic progression" as it appears that both courses are MSC's.
They would both be Ofqual level 7 courses, so she may not be eligible to apply for a visa if she is in the UK presently. For some reason this rule seems to drop away if the applicant is overseas at the time of applying for the visa.
BUT I would suggest that studying Forensic Physchology MSc immediately after a psychology MSc would comply with the following exception to demonstrate academic progression as per the Tier 4 guidance which states;
76. The following circumstances are examples of where you are likely to be considered to meet the exception to the academic progression rule, as long as your sponsor provides a strong justification:
• You have completed a master’s degree in Modern Languages (RQF 7) and wish to study a master’s degree in Latin American Studies (RQF 7) in order to deepen your specialist knowledge or to better prepare for doctoral study or a career in academia and research. In this case, there is a clear connection between the previous course and the new course.
Call Middlesex Uni and see if they have put anything on her CAS to support the case for academic progression (or exemption as above).
To caveat...Im not a lawyer...but have had a few run ins with UK Immigration....and Im also guessing somewhat at her full circumstances, but it's possible that her next course may not represent "academic progression" as it appears that both courses are MSC's.
They would both be Ofqual level 7 courses, so she may not be eligible to apply for a visa if she is in the UK presently. For some reason this rule seems to drop away if the applicant is overseas at the time of applying for the visa.
BUT I would suggest that studying Forensic Physchology MSc immediately after a psychology MSc would comply with the following exception to demonstrate academic progression as per the Tier 4 guidance which states;
76. The following circumstances are examples of where you are likely to be considered to meet the exception to the academic progression rule, as long as your sponsor provides a strong justification:
• You have completed a master’s degree in Modern Languages (RQF 7) and wish to study a master’s degree in Latin American Studies (RQF 7) in order to deepen your specialist knowledge or to better prepare for doctoral study or a career in academia and research. In this case, there is a clear connection between the previous course and the new course.
Call Middlesex Uni and see if they have put anything on her CAS to support the case for academic progression (or exemption as above).
designforlife said:
and she plans on progressing from this MSc to a forensic psych Phd, so the progression is there.
at this stage it seems shes ok to apply from in the UK, but due to the CAS delay I think we are pretty much lumbered with having to pay a solicitor to fast track the application.
Understand that you guys know this, but is it communicated to UK Immigration via the CAS from the Uni? Its a bat this stage it seems shes ok to apply from in the UK, but due to the CAS delay I think we are pretty much lumbered with having to pay a solicitor to fast track the application.
h of a red tape process and anything to turn down an application seems to be jumped on. My company has had applications turned down for Tier 2 visa because the salary was £3 per week under the lower limit for experienced workers.And with regards the fast tracking of the application, you really don't need a solicitor to apply for you its not complex. Unless they do it pro bono!
For a decision within 10 days, its all done online with a pretty simple form, but you have to be lucky in being one of the first 60 applicants on that day to be processed.
She can apply online for a same day decision, but she will need to attend a Premium Service Centre.
https://www.gov.uk/tier-4-general-visa/extend-your...
djstevec said:
designforlife said:
and she plans on progressing from this MSc to a forensic psych Phd, so the progression is there.
at this stage it seems shes ok to apply from in the UK, but due to the CAS delay I think we are pretty much lumbered with having to pay a solicitor to fast track the application.
Understand that you guys know this, but is it communicated to UK Immigration via the CAS from the Uni? Its a bat this stage it seems shes ok to apply from in the UK, but due to the CAS delay I think we are pretty much lumbered with having to pay a solicitor to fast track the application.
h of a red tape process and anything to turn down an application seems to be jumped on. My company has had applications turned down for Tier 2 visa because the salary was £3 per week under the lower limit for experienced workers.And with regards the fast tracking of the application, you really don't need a solicitor to apply for you its not complex. Unless they do it pro bono!
For a decision within 10 days, its all done online with a pretty simple form, but you have to be lucky in being one of the first 60 applicants on that day to be processed.
She can apply online for a same day decision, but she will need to attend a Premium Service Centre.
https://www.gov.uk/tier-4-general-visa/extend-your...
this is all confusing as hell!
we've had to go the solicitor route as she is going from a t4 visa to a t4 visa, a masters to a masters, usually you would apply for a fresh visa from outside the uk but her course situation complicates things.
basically before she could get onto the MSc forensic psych she had to spend a year doing an MSc psychology conversion course....the BPS (british psychological society) makes this a requiremend if you are non UK and coming into the UK education system.
had to cough up £1500 today, and it'll be a further £1000 for the visa itself...i really hope it works, as we have no money left.
basically before she could get onto the MSc forensic psych she had to spend a year doing an MSc psychology conversion course....the BPS (british psychological society) makes this a requiremend if you are non UK and coming into the UK education system.
had to cough up £1500 today, and it'll be a further £1000 for the visa itself...i really hope it works, as we have no money left.
Bit of an update/closure to this-
Bittersweet really.
We managed to get my OH enrolled on her course, the university were happy to accept her as long as her visa application is pending, and her current one runs out in january. So the immediate panic was dealt with.
On the downside, the total cost for this has been almost £2200, the visa itself is £677, and the rest has been solicitor fees to get around her being a) in country, and b) going from a masters to a masters.
All in all, a very stressful and expensive experience for us both, luckily a few mates chipped us some donations to help get the cash together. Thankfully I had my help to buy ISA to get the bulk of it together, or we would have been screwed.
Bittersweet really.
We managed to get my OH enrolled on her course, the university were happy to accept her as long as her visa application is pending, and her current one runs out in january. So the immediate panic was dealt with.
On the downside, the total cost for this has been almost £2200, the visa itself is £677, and the rest has been solicitor fees to get around her being a) in country, and b) going from a masters to a masters.
All in all, a very stressful and expensive experience for us both, luckily a few mates chipped us some donations to help get the cash together. Thankfully I had my help to buy ISA to get the bulk of it together, or we would have been screwed.
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