Following the recent judgement by the court of Appeal in the case of Secretary of State for the Home Department v Khan  EWCA Civ 137 (08 March 2016), the court considered what requirements a Tier 4 student needs to meet if his or her college loses its sponsor licence whilst they are awaiting a decision on an application to extend their stay. We outline below some tips for Tier 4 Student Applicants on what to do if they find themselves in a similar situation.
Case for Tier 4 Students
The Applicant student made an application for further leave to remain as a Tier 4 (General Student) migrant. He sought to undertake a course of study at a reputable college which at that time was a registered licensed sponsor. His Sponsor College license was subsequently revoked after the Applicant had submitted his application therefore the Home Office sent him a letter informing him that they would suspend making a decision on his application for 60 days and to give him an opportunity to obtain a new Certificate of Acceptance of Studies’ (CAS).
He obtained a new CAS and made an application to vary the application for extension of his leave and submitted new bank statements. The new bank statements at the time he submitted his application showed that did not meet the maintenance requirement when he submitted his new application therefore the Home Office refused his application.
The Court of Appeal in upholding the Home Office decision stated;
‘The issue before the court is whether, in Mr Khan’s circumstances, all he was required to do was, as the tribunals decided, to submit a further application with a new CAS from a fully licensed sponsor and that it sufficed that the other mandatory requirements of a Tier 4 (General Student) application in particular the ability to show proof of sufficient funds to maintain himself during the course, were satisfied at the time of the original application. It is submitted on behalf of the Secretary of State that, when he submitted his application in October 2012, he also had to fulfil those other mandatory requirements.
There’s the huge lesson to be learned from the case which is that as a Tier 4 Student Applicant whenever making an application to be granted leave to enter or to extend their student visa, they should ensure that they meet all of the requirements as set out in part 6 of the UK immigration rules and the policy guidance.
Further Applicant should seek legal advice before making their application to extend their visa. If you are an Applicant and you are unsure of what requirements you would need to meet we have outlined some tips for you below:
Advice For Tier 4 Students
If you are an Applicant and your current sponsor loses its license here are some tips for you;
- Under the current immigration rules in order for you application as Tier 4 General student to be successful you will need to score 40 Points.
- You must score 30 points for a Confirmation of Acceptance for Studies (CAS), which the Applicant will get for studying a course at an acceptable level with an approved education provider (also known as sponsorship).
- You will also need to score 10 points for having enough money (maintenance or funds) for course fees and living costs.
- You will have to provide specified documents to show that the funds are available to you.
- Your institution (Sponsor) must hold a valid licence at the time your application for entry clearance or leave to remain is determined.
- Where your Tier 4 sponsor’s licence is revoked and you are making an application, in these circumstances the Home Office may delay making a decision for 60 days to allow you to obtain a new CAS from a different sponsor and to vary your application.
- If you are given the opportunity to submit a new valid CAS, you should ensure you submit up-to-date financial information to show that you meet the financial (maintenance) requirements for your new course at the material time.
- The Home Office reserves the right to request specified documents from you. You must ensure you provide these specified documents or your Application may be refused.
In any event if you are an Applicant and you are unsure what to do when your college loses its license, in order to avoid the disappointment that a refusal can cause and the interruption to your studies, It is often best to seek legal advice before submitting your application.
UK Immigration Advice For Tier 4 Visa Applicants and Sponsors
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 4 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor.
If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us for a telephone assessment.