Visa related issue

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CharlieQ
Posts: 4
Joined: Sat Mar 24, 2018 11:56 pm

Visa related issue

Post by CharlieQ » Thu Mar 29, 2018 2:51 pm

Hi All,

Hope everyone is doing well in the big world of psychology :) I am stuck in a sticky situation and would appreciate any advise/info.

I am on a spouse visa that renews itself every 2.5 years (and I have no intention in leaving this country, also having done my masters here and worked here for 3 years now). The course, as we know, runs for 3 years. I received some interviews but was then told I am not eligible because I cannot provide proof that I will be able to stay in the future 3 years (because I only have permission of 2.5 years per renewal, technically). This makes sense to me, but at the same time is devastating because that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.

I wonder if anyone is, or knows someone who is, in a similar situation. I wonder if there is a way around it, because although I understand the commissioners' point of view, surely given my study/work history I post very little risk in being expelled by immigration before I finish this course. FYI I have not written to the courses as I thought what I have said would not be solid enough to change their mind. Also self-fund is not an option for me.

Thank you so much in advance!
Charie

P.S. Dear Miriam, do you know of any way around this?

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maven
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Re: Visa related issue

Post by maven » Thu Mar 29, 2018 7:27 pm

CharlieQ wrote:that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.
I don't understand this. Surely the day it becomes indefinite leave to remain you are eligible for the course?
Maven.

Wise men talk because they have something to say, fools because they have to say something - Plato
The fool thinks himself to be wise, but the wise man knows himself to be a fool - Shakespeare

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reishi
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Re: Visa related issue

Post by reishi » Thu Mar 29, 2018 10:17 pm

maven wrote:
CharlieQ wrote:that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.
I don't understand this. Surely the day it becomes indefinite leave to remain you are eligible for the course?
I think OP means "until" instead of "when".

For the original question, as a person who is doing the course self-funded on a restricted visa I am highly certain that you cannot do an NHS funded course without an unrestricted permit. Since your visa is restricted by time, I don't think it would be possible for you. You need to be either a UK citizen, or a European citizen, or someone with an indefinite leave to remain (as it is unrestricted) to do it funded. It is not something the courses decide, it is mere visa/home office regulations I am afraid. I encourage you to contact Home Office for most definite information.

Good luck
"Ever since psychoanalysis was developed, almost everyone is ill one way or another"

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BlueCat
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Re: Visa related issue

Post by BlueCat » Fri Mar 30, 2018 9:42 am

For a funded place you absolutely need permanent leave to remain and work.

I should think, as the poster above has highlighted, that you would be allowed to self fund.
There's no such thing as bad weather, just the wrong clothes. Billy Connolly.

Blossom
Posts: 101
Joined: Tue Jul 09, 2013 9:30 pm

Re: Visa related issue

Post by Blossom » Fri Mar 30, 2018 10:53 am

CharlieQ wrote:Hi All,

Hope everyone is doing well in the big world of psychology :) I am stuck in a sticky situation and would appreciate any advise/info.

I am on a spouse visa that renews itself every 2.5 years (and I have no intention in leaving this country, also having done my masters here and worked here for 3 years now). The course, as we know, runs for 3 years. I received some interviews but was then told I am not eligible because I cannot provide proof that I will be able to stay in the future 3 years (because I only have permission of 2.5 years per renewal, technically). This makes sense to me, but at the same time is devastating because that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.

I wonder if anyone is, or knows someone who is, in a similar situation. I wonder if there is a way around it, because although I understand the commissioners' point of view, surely given my study/work history I post very little risk in being expelled by immigration before I finish this course. FYI I have not written to the courses as I thought what I have said would not be solid enough to change their mind. Also self-fund is not an option for me.

Thank you so much in advance!
Charie

P.S. Dear Miriam, do you know of any way around this?

Hi,

I just wanted to say that I am on a spouse visa although I am eligible for ILR July 2019. I have had a mixture of success with interviews and some universities happy to employ me if I got offered a place. Other universities have explicitly said NO which I truly understand. I must emphasise that the reason I may be allowed to apply to a limited selection of unis is my immigration history.

1. I have been here since I was a child under EEA residence permit..my step mother was Swedish (I am Nigerian). I switched to UK immigration in 2013 once I became an adult under UK private life immigration rules.
2. I have schooled here from secondary and thus have no risk of leaving the country... I can't anyways as I have no links to Nigeria..
3. My husband is British but we have a home and child together..this was when I switched to spouse for the remaining 2.5 years.
4. I only apply to places where I previously studied and was classified as a home student (UCL and KCL).. This may explain why I have not been successful as they are super competitive. Maybe consider applying to the university you did your MSc at if they have the doctorate

I am planning to expand on my university choices this year as by the time the course starts in 2019 I will have my ILR.

I guess what I am trying to say is that, the Home Office knows that even if my marriage was to end, I would still be legally allowed to stay in the country to work etc as I had a visa under private life before getting married. So there is limited to no risk of me leaving the UK.
I hope this makes sense. you can PM if you have more questions.

CharlieQ
Posts: 4
Joined: Sat Mar 24, 2018 11:56 pm

Re: Visa related issue

Post by CharlieQ » Sat Mar 31, 2018 2:04 pm

maven wrote:
CharlieQ wrote:that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.
I don't understand this. Surely the day it becomes indefinite leave to remain you are eligible for the course?

Yes Maven, sorry I mispoke like Reishi below corrected.

CharlieQ
Posts: 4
Joined: Sat Mar 24, 2018 11:56 pm

Re: Visa related issue

Post by CharlieQ » Sat Mar 31, 2018 2:07 pm

reishi wrote:
maven wrote:
CharlieQ wrote:that means I will not be able to do the course for another 3 years when I eventually get indefinite leave to remain.
I don't understand this. Surely the day it becomes indefinite leave to remain you are eligible for the course?
I think OP means "until" instead of "when".

For the original question, as a person who is doing the course self-funded on a restricted visa I am highly certain that you cannot do an NHS funded course without an unrestricted permit. Since your visa is restricted by time, I don't think it would be possible for you. You need to be either a UK citizen, or a European citizen, or someone with an indefinite leave to remain (as it is unrestricted) to do it funded. It is not something the courses decide, it is mere visa/home office regulations I am afraid. I encourage you to contact Home Office for most definite information.

Good luck
Hi Reishi, I completely agree with what you said. I suppose it's just that fact that my restricted visa being a spouse visa and knowing that I will not have problem with the renewal of my visa is giving me some false hope that perhaps the course/home office will understand this. Reality check I suppose... Thank you :)

CharlieQ
Posts: 4
Joined: Sat Mar 24, 2018 11:56 pm

Re: Visa related issue

Post by CharlieQ » Sat Mar 31, 2018 2:10 pm

Thank you Blossom :) It makes perfect sense to me... Good luck with your applications. I did my MSc in Bristol and unfortunately they no longer runs the course otherwise I might have a last chance! Thank you for your reply :)

alexh
Posts: 405
Joined: Sun Sep 23, 2012 7:57 pm

Re: Visa related issue

Post by alexh » Mon Apr 02, 2018 9:01 am

I don't understand why you switched to a spouse visa. Wouldn't you be in a better position if you hadn't?

Blossom
Posts: 101
Joined: Tue Jul 09, 2013 9:30 pm

Re: Visa related issue

Post by Blossom » Wed Apr 04, 2018 9:54 am

alexh wrote:I don't understand why you switched to a spouse visa. Wouldn't you be in a better position if you hadn't?

I am assuming this is for me...
I switched because private life is a 10 year route whilst spouse is 5 years. So it saves me money and time..as each 2.5 years was costing me almost £2000..
Plus even If our marriage ended as long as we had been married for 3 years, the same spouse rules would apply and by the time I did the switch we were married 4 years...

Bell
Posts: 23
Joined: Mon Apr 03, 2017 8:32 pm

Re: Visa related issue

Post by Bell » Sun Jul 15, 2018 8:25 pm

I am in a very similar experience. I’ll be getting my indefinite leave to remain in August 2019. I debated if I should apply this year or wait another. I’ve decied to give it a try and I might get lucky. I’m not sure if they count when you apply, when you accept the offer, or when you start the course for when you actually need the indefinite leave as I will have mine before the course start date but probably not when I accept an offer.

I completely understand the frustration though of waiting. I just told myself it means I can focus on completing some research or more work experience. I managed to get into IAPT with funded training with my temporary leave (2.5 yr visa), so I do wonder if it’s dependent upon the university. If anyone has any insight into which universities are more willing to take you in or at least give you an interview please message me.

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