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Yes, “Established Presence” and Court Actions affect your Student Visa Extension | Immigration Matters

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How much money do you need to show to the UK Border Agency when renewing your student visa under current rules? 

The answer may not be a simple as you think.

The amount of maintenance funds you are required to demonstrate depends on a number of factors: course fee, where you are studying – inner or outer London, whether or not you have an ‘Established Presence’ and dependants.

The UK Border Agency describes Established Presence as follows:

“An applicant will have an established presence studying in the United Kingdom if the applicant has completed a course that was at least six months long within their last period of leave as a Tier 4 migrant, a student or as a Postgraduate Doctor or Dentist, and this course finished within the last four months, or the applicant is applying for continued study on a course where the applicant has completed at least six months of that course and has been studying within the last four months.”

In other words, this criteria is used to determine how much money you need to extend your visa.

If you are extending your student visa to continue a course and you have completed at least 6 months of it already, or have you been studying within the last 4 months, then you will only need to show £1200 or £1600, depending where your college is located, plus the full course fee.

If you have dependants, the funds requirement will be £4797 or £1066 if the college is in inner London; £3600 or £800 if the college is in outer London. The Home Office requires separate fees per dependant.

But if you cannot demonstrate evidence of course completion, then you will need to show £5400 or £7200 (again, depending where your college is located).  

An increasing number of students who consulted me recently have jumped from college to college without ever completing a course, and have left behind unpaid fees which their college may seek to recover by suing the students in the county courts.

Even if they do not show up in a court hearing, a judgment may be registered against them in their absence, which stays on record for 6 years. 

The declaration at the foot of a Tier 4 visa renewal application states:

‘Has the student had any criminal convictions in the United Kingdom or any other country (including traffic offences) or any civil judgments made against them?’ 

If you want to stay in this country, you must abide by the rules and keep your record clean.

See also:

Tier 4 student visa changes: Game Set and Match to Universities?

UK student visa restrictions announced by Home Secretary

Post Study Work Visa to be abolished April 2012 as part of student visa clampdown

Universities UK welcome student visa action by Home Office

Cross party MPs warn student visa proposals could ‘cripple’ sector, BBC reports

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk 

Bison UK are running special free student visa seminars to advise students on the new Tier 4 changes and their renewal options.

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About

Cynthia Barker is an Immigration Adviser and Co Author of the book: How 2 Come to the UK to Live Work Study or Visit. Cynthia writes a regular immigration column for Planet Philippines and Europhil Journal.

8 Responses to “Yes, “Established Presence” and Court Actions affect your Student Visa Extension”
Read them below or add one

  1. i have points on my uk driving licence for using hand held mobile phone .i never mentoned this in my tier 4 extension form ,,however ,after couple of months somebody advised me to inform this to home office by filling change of circumstanes form ,which i did .my question is that ,,will it still make any difference on the decision of my application of extension.

    thanks

  2. […] time limit on a student visa will be 3 years at lower levels and 5 years at higher levels) and ‘Established Presence’, as well as the ‘no work’ and ‘no dependants’ when studying at a private college are one […]

  3. I am PhD student at University of Dundee and I am on Tier 4 Visa. My visa will expire on 31 December 2013. I am on government scholarship. I want to invite my wife, 4 year daughter and 3 months son as my dependents in UK. They are in Pakistan at the moment.
    What is financial requrement for their visa application to UK
    Is my status in UK as PhD student ‘established presence’
    Can I use my bank statement (Bank statement in Pakistan) with my dependents applications?
    Please guide me

    Many Regards

  4. […] Yes, “Established Presence” and Court Actions affect your Student Visa Extension […]

  5. london's poor future engineer says :

    I’m annoyed!! why this government tryn’ to get off!! they’re breaking their own leg, cost of 6 billion’s pound governmental permanent asset!! yea cameron is from a rich family’ though he can’t play with poor student’s career!! All the students of Universities, either governmental colleges or privates one in the world got full rights to work part-time while studying and full time during term-time, why is UK being rude to students? Why should students face all the problems? If this government can, then it should deport all the illegals staying without permission, why students with legal status?
    If you don’t like students then why did you issue visas for us?
    london’s well wisher
    currently doing undergraduate in Computer Science from UK
    ” Let us study”

  6. […] for the student later on down the road when it comes to renewing their visas without an ‘established presence’ in the […]

  7. what if your college is already revoked and it’s the UKBA advised you to enroll in other colleges? why is my previous college still want me to pay the tuition fee eventhough they are not already in the list of register sponsor? I think that’s unfair for the student to pay because they already transfer to other college who are in the list of register sponsor rather than stay on that college that’s not been on the list. The problem is some college are conning the student and make promises that they still legal to operate but not. I hope some of the students who have the same situation come out and make a comment so everybody knows what’s happening

  8. Ahmed Khan says :

    Lots of colleges have their tier 4 license cancelled by UKBA while students are studying with them and many of them have paid paid their tuition fee for whole year in advance.

    UKBA rules are when the the college license is cancelled then the student must get admission in new Tier 4 college and make a fresh visa application with the UKBA within 30 days.

    My question is, these colleges never refund the tuition fee to the students? And pooor students can not do anything about this situation.

    There is no rule protecting the students.

    And these poor students can not go to County courts to recover their fees. And even if they go, colleges have nothing to loose as most of them go bust are close when UKBA tier 4 licnese is cancelled…………

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