HOW TO EXTEND YOUR LEAVE TO REMAIN
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. Page 1 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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. Page 2 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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. Page 3 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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 Page 4 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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: Page 5 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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. Page 6 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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 Page 7 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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) Page 8 University of Lincoln International Advice Team How to Extend Your Leave To Remain 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: [email protected] www.twitter.com/UniLincSupport www.facebook.com/UoLAdviceGuidanceFunding Page 9
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