Discretionary leave and eligibility for student finance

Nara C made this Freedom of Information request to UK Border Agency

Waiting for an internal review by UK Border Agency of their handling of this request.

From: Nara C

24 August 2011

Dear UK Border Agency,

Is a person with Discretionary Leave to remain eligible for student
finance? Is a person with Discretionary leave to remain classified
as a home student in England?

Yours faithfully,

Nara C

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From: Freedom Of Information Team ( IND )
UK Border Agency

24 August 2011

Dear Nara C

Thank you for your recent e mail concerning the above matter. We are currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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From: IND Public Enquiries

26 August 2011

Thank you for contacting the UK Border Agency.
The information in this message answers the most frequently asked questions. It includes links to the relevant parts of our website, where more detailed information can be found. If we have not included information or a link to the website for the subject you are enquiring about, please enter key words into the "search" facility on the website.
If you have sent us information about an immigration offence, or a complaint, please be assured that it will be forwarded to the appropriate team. You do not need to send the information again.
If your enquiry is about one of the following, please re-send it to the address shown:
British Citizenship and Nationality / Right of Abode:
[email address]
European Nationals and Family Members:
[email address]
Points Based System Sponsorship (Employers and Educational Establishments with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points Based System):
[email address]
Applications made outside the UK: [email address] Please consult the Visa Services website at http://www.ukvisas.gov.uk/en/ where the answers to most enquiries can be found.
If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.
Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:
http://www.fco.gov.uk/en/travel-and-livi...
Information about the following subjects is provided below.
1. Outstanding Applications / Return of Documents
2. Change of Address / Change of Circumstances
3. Biometric Residence Permits for Foreign Nationals
4. HSMP Forum judicial review - Arrangements resulting from the judgment
5. Points Based System - Tier 1, Tier 2, Tier 4, Sponsorship
6. Students - Work, Changing education provider or course, Course fees
7. Marriage, Unmarried Partner or Civil Partnership with a British or Settled
Person
8. UK Ancestry
9. Working Holidaymakers - No Switching to PBS Categories
10 . Child born in the UK
11. Settlement - Knowledge of Language & Life in the UK
12 . Indefinite Leave to Enter
13. New Passport - Transfer of Conditions or No Time Limit
14. Reporting an immigration offence
1. Outstanding Applications
For data protection reasons, we are unable to respond to enquiries about individual cases by e-mail. UK Border Agency will contact you if further information is required to complete your application. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at:
http://www.royalmail.com/portal/rm
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.
Return of Documents
If you require the urgent return of your documents, please see the UK Border Agency website at http://www.ukba.homeoffice.gov.uk/contac... for the appropriate contact details. However please note that return of the applicant's passport submitted in support of a leave to remain application, for travel outside the UK, will lead to the application being withdrawn.
An online process for the return of documents from COA applications is now available on the UKBA website at:
http://ukba.homeoffice.gov.uk/while-in­u...
An online process for the return of documents from PBS Tier 2 & 5 applications is now available on the UKBA website at:
http://www.ukba.homeoffice.gov.uk/workin...
Please be advised that you will need to complete the online form with all required information.
2. Change of Address / Change of Circumstances
We are unable to deal with change of address/circumstances notifications by e-mail.
If you have made a Points Based System application, details of how to inform us about your change of address or other change of circumstances can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
For other applications, details can be found in the guidance notes for the application form you have submitted, under "Contacting us after you have applied". The guidance notes are also available on the UK Border Agency website.
3. Biometric Residence Permits for Foreign Nationals
UK Border Agency issues Biometric Residence Permits to foreign nationals from outside the European Economic Area (EEA) and Switzerland who are given permission to extend their stay in the United Kingdom in the following categories:
All Tier 1 and Tier 5 applicants
· Sponsored Skilled Workers and their dependants, on application form Tier 2 (General / Minister of Religion / Sportsperson / Intra Company Transfer).
· Students and their dependants, on application form Tier 4 (G) or Tier 4 (C).
· Persons applying on the basis of marriage or partnership with a British or settled person and their dependants, on application form FLR(M).
· Academic Visitors (granted leave for more than six months), Domestic Workers in a Private Household, UK Ancestry and Visitors for Private Medical Treatment, on application form FLR(BID).
· Representatives of an Overseas Business and Retired Persons of Independent Means on application form FLR(BUS) or SET(BUS).
· Dependants of the above, where applicable, and when applying at the same time.
· Those applying for a transfer of conditions on application form TOC.
Biometric Residence Permits for Foreign Nationals (BRP's) will be phased in over the next three years for all those from outside the EEA and Switzerland who are coming to the UK for more than six months, or extending their permission to stay in the UK in other categories.
Detailed information about the Biometric Residence Permits can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/while-...
If your BRP has been lost or stolen, or if you need a replacement BRP for other reasons, you will need to submit an BRP(RC) application form. The application form and guidance notes are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/while-...
4. HSMP Forum judicial review - Arrangements resulting from the judgement
If you made your initial application for an HSMP approval letter before 3 April 2006, you are eligible to make an application for indefinite leave to remain (ILR) under the HSMP Forum (UK) Ltd High Court judgment of 6 April 2009, even if you did not receive the letter or subsequent leave to enter or leave to remain until after this date.
In order to apply for ILR, you will need to meet the following criteria:
· You have completed a continuous period of four years lawfully in the UK, with your most recent leave being under the Highly Skilled Migrant Programme (HSMP) or Tier 1 (General) and the remainder of your leave being under HSMP, Tier 1 (General), Work Permit holder or Innovator.
· Throughout the four years spent in the UK, you have maintained and accommodated yourself and any dependants without recourse to public funds.
· You must be economically active in the UK in employment, self-employment or both, as required by the conditions of your leave.
If you are covered by the judgment and you meet the above requirements, you can make an application for ILR on form SET(O) up to 28 days before you complete the qualifying period. You and any dependants who are included in your application are not required to meet the Knowledge of Language and Life (KOL) requirement.
If you have completed four years in the UK, and you previously applied for an extension in order to complete the five year qualifying period, you can apply for ILR immediately provided you meet the criteria above.
If you previously applied for ILR after four years and your application was refused, you can request a review of the original decision. You can do so if you were granted further leave to remain following a successful appeal, or if you did not appeal, or if your appeal was dismissed. You do not need to submit another ILR application. You must obtain and complete the Review form: HSMP ILR Judicial Review), which can be downloaded from the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If you have completed four years in the UK in a qualifying period and you have an outstanding application for Further Leave to Remain, you do not need to take any further action. Your application will be identified as one which may be varied to Indefinite Leave to Remain and you will be contacted about this.
5. Tier 1 (Post Study Work)
You will need to complete a self-assessment before you complete the Tier 1 (Post Study Work) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
You can check on the Points Based Calculator tool whether the course you are studying will earn sufficient points to qualify for leave to remain in the UK under Tier 1 (Post Study Work).
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (Post Study Work) which is available on the UK Border Agency website.
One of the required documents is your original certificate of award. However, if you are unable to provide it because it has not yet been issued, you may submit your application without it, provided that the letter from your academic institution includes additional information explaining your individual circumstances.
If your application is successful, you will be granted two years leave to remain in the UK during which time you will be free to seek employment without having a licensed sponsor.
You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1 Investor or Entrepreneur, Tier 2, or Tier 4. However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.
By completing form Tier 1 Post Study Work, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
Tier 1 (General)
The Highly Skilled Migrant Programme was previously replaced by Points Based System Tier 1 (General).
Tier 1 (General) is closed to new in-country applicants as of 6 April 2011 and is already closed for out of country applicants.
As of 6 April 2011, you will only be able to apply to switch to Tier 1 (General) in the UK if you currently have leave to enter or remain in one of the following categories: Highly Skilled Migrant Programme, Self Employed Lawyer, Writer, Composer or Artist.
Transitional arrangements will allow those already in the UK under Tier 1 General, and contributing to the economy, to continue their stay in the UK.
You will need to complete a self-assessment before you complete the Tier 1 (General) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (General), which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.
For detailed guidance on how to claim points for previous earnings, please visit the website at:
http://www.ukba.homeoffice.gov.uk/workin...
By completing form Tier 1 General, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
Tier 1 (General / Post Study Work / Entrepreneur) - Maintenance
When applying for Tier 1 (General, Post Study Work or Entrepreneur) from within the UK, you are required to submit documents showing you have had savings of at least £800 which must have been held for a consecutive 90 day period prior to the date of application.
If you are including dependants in your application, or applying separately for dependants, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.
The balance must be maintained at or above the required amount which must have been held for a consecutive 90 day period prior to the date of application. If it has dipped below the required balance at any time during the consecutive 90 day period prior to the date of application, the maintenance requirement will not be met and you are not eligible to make an application.
The types of documents you need to send to support your application are described in detail in the appropriate section of the UK Border Agency website.
For further detailed information, please refer to the website at:
http://www.ukba.homeoffice.gov.uk/workin...
Tier 2
Points Based System Tier 2 (Skilled Workers) is for migrants with a job offer from a licensed sponsor and a Certificate of Sponsorship. It includes the following four sub-categories:
General - For migrants with an offer of a skilled job that cannot be filled by a settled worker. This category includes applicants coming to fill shortage occupations.
Intra Company Transfer - For migrants that are employees of a multi-national company and are being transferred to a United Kingdom based branch of the same organisation either on a long term basis or frequent short visits. You cannot use this route if you are employee of an overseas organisation that is not linked by common ownership or control to the UK entity.
Sportspeople - For a migrant coming to fill a vacancy as an elite sportsperson or coach whose employment will make a significant contribution to the development of their sport at the highest level.
Ministers of Religion - For a migrant coming to fill a vacancy as either a Minister of Religion, undertaking preaching and pastoral work, or Missionary or a Member of a Religious Order taking up employment, or a post/role within a faith community in the United Kingdom.
You will be able to apply to switch into Tier 2 (General / Sportspeople / Ministers of Religion) in the UK if you currently have leave to enter or remain in one of the following categories: Any Tier 1 or Tier 4 category, Tier 2 (General), Tier 2 (Sportsperson), Tier 2 (Minister of Religion), Tier 5 (Temporary Worker) in the Creative and Sporting sub category, for a job as a professional footballer, Dependant partner of a Tier 4 migrant, Highly Skilled Migrant Programme, Innovator, Fresh Talent Working in Scotland Scheme, International Graduates Scheme (or its predecessor the Science and Engineering Graduate Scheme), Business and Commercial Work Permits (except multiple entry work permits), Sports and Entertainment Work Permits ( except multiple entry work permits), Jewish Agency Employee, Member of the Operational Ground Staff of an Overseas Owned Airline, Minister of Religion, Missionary or Member of a Religious Order, Overseas Qualified Nurse or Midwife, Person Writing Up a Thesis, Postgraduate Doctor or Dentist, Representative of an Overseas Business, Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, Student, Student Nurse, Student Re-Sitting an Examination, Student Union Sabbatical Officer .
You will be able to apply to switch into Tier 2 (Intra-Company Transfer: Established Staff), if you currently have leave to enter or remain in one of the following categories: Tier 2 (Intra-Company Transfer: Established Staff), Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010, Intra Company Transfer work permit holder (except multiple entry work permits), Representative of an Overseas Business (this includes representatives of overseas media companies). In all cases, you must be still working for the same employer named on your previous application. If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in these categories.
If you are switching from a Tier 4 category, Student, Student Nurse, Student Re-Sitting an Examination or a Student Union Sabbatical Officer, you must have successfully completed a course which lasted at least one academic year during your most recent period of Tier 4 leave (this is your current leave if it has not yet expired) and meet the full points requirement of Tier 2 in order to switch.
You will need to complete a self-assessment before you complete the Tier 2 application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 2 , which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.
If your application is successful, you will be granted a maximum of three years plus 14 days leave to remain in the UK, or in line with the Certificate of Sponsorship plus 14 days, if it has been issued for less than three years.
When applying under Tier 2 from within the UK, you are required to submit documents showing you have had savings of at least £800 which must have been held for a consecutive 90 day period prior to the date of application. If the balance has dipped below £800 during the consecutive 90 day period prior to the date of application, the maintenance requirement will not be met.
If dependants are applying at the same time or separately, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.
The maintenance requirement can also be met by the A-rated Sponsor providing a written undertaking that, should it become necessary, they will maintain and accommodate the applicant and their dependants during their first month in the UK. This must be confirmed on your certificate of sponsorship.
The types of documents you need to send to support your application are described on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
By completing form Tier 2, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
Tier 4 (General) and Tier 4 (Child) Students
Points Based System Tier 4 came into effect on 31 March 2009. Tier 4 (General) is for adults (aged 16 or over) coming to or remaining in the UK for study, and for those continuing their education from leave as a Child Student. Tier 4 (Child) is for children between the ages of 4 and 17 who wish to be educated in the UK. Those aged between 4 and 15 may only be educated at independent (private) fee-paying schools.
In order to qualify, you need a valid Confirmation of Acceptance for Studies (CAS) from an education provider which holds a Sponsor's Licence.
You also need to meet the applicable maintenance requirements, which vary according to your circumstances. Full details of the requirements for adult and child students, and the application forms Tier 4 (G) and Tier 4 (C), can be found on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/studyi...
By completing form Tier 4, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
Students of any age may use a bank account in their parent's name as evidence that they meet the maintenance requirement.
If you are applying under Tier 4 you must show that you have held the funds for at least 28 days before applying. You will need to provide the correct documents to support your application, as specified in the PBS Tier 4 Application Form and Policy Guidance.
If you have paid fees and other expenses in advance, you can deduct the amount paid from the maintenance funds shown, but you must provide the required evidence that confirms payment has been made, as described on the application form. Any advance payments made before you have been granted leave to enter or remain are made entirely at your own risk. You should seek advice from the education provider or other organisation to which payment will be made regarding their terms and conditions.
You will be able to apply to switch into Tier 4 (General) if you meet the requirements and you are currently in the UK with permission to stay in one of the following categories: Post study worker (Tier 1), Skilled worker (Tier 2 General), Intra-company transfer (Tier 2), Minister of religion (Tier 2), Child student (Tier 4), Prospective student, Student, Student re-sitting an examination, Student nurses, Students writing up a thesis, Student Union sabbatical officer, Work permit holder, Postgraduate doctor or dentist, participant in the Science and Engineering Graduates Scheme, participant in the International Graduates Scheme, participant in the Fresh Talent: Working in Scotland Scheme.
If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance.
Sponsorship
Under the Points Based System (PBS), migrants from outside the UK will need to be sponsored by an employer or education provider on the UK Border Agency's Sponsors Register in order to obtain a visa.
For further information regarding the Points Based System and Sponsorship, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/employ...
6. Students
Students - Work
The student category of the Immigration Rules was replaced by Points Based System Tier 4 on 31 March 2009 - see above for details.
Unless their visa states otherwise, a person who is aged 16 or over, and holds valid leave to enter or remain as a student under the student category of the Immigration Rules for 6 months or more, may undertake employment for:
20 hours per week during term time
Full time during vacation periods
If you have leave to enter or remain to study under Tier 4 (General), the maximum amount of part-time work you can do during term time is:
· 20 hours per week if you are studying a course at or above UK degree level or a foundation degree course, and/or if you made your application to study under Tier 4 (General) on or before 2 March 2010; or
· 10 hours per week if you are studying a course that is below UK degree level and is not a foundation degree course, and you made your application to study under Tier 4 (General) on or after 3 March 2010.
A student must not engage in business, self-employment or the provision of services as a professional sports person or entertainer. A student is not permitted to pursue a career by filling a permanent full-time vacancy.
You can continue working full time when your studies are completed for a period of four months or until your visa expires, whichever is sooner, whilst waiting for your examination results, prior to attending your graduation ceremony or before commencement of your new course.
If you are encountering difficulty, the UK Border Agency runs a dedicated helpline for potential employers designed to give advice regarding immigration and employment. Please pass this information to your potential employer and ask them to call: 0300 123 4699.
Students - Changing education provider or course
If you already hold a student visa under the previous Immigration Rules, you can change your course or education provider as long as the new course still meets the following immigration requirements:
Full time course, 15 hours per week daytime study, Studying towards a recognised qualification, Studying at a recognised institution.
You do not need to get our permission if you want to do a different course of study with your Tier 4 sponsor and the new course will finish before your current permission to stay expires. Your Tier 4 sponsor will tell us that you have changed course.
If your new course will end before your permission to stay expires, you must tell us by sending an email message to [email address].
If your new course will end after your current permission to stay expires, you will need to make a new Tier 4 application to us. You will therefore need a new confirmation of acceptance for studies from your Tier 4 sponsor. You can make this new application at any time before your current permission to stay expires, but we recommend that you do this as soon as possible.
If you applied for your Tier 4 student visa on or after 5 October 2009 and you want to leave your current course in order to study the same or a different course with a different education provider, you must apply for a new Tier 4 visa. The new education provider must be a licensed Tier 4 sponsor, and must assign a new confirmation of acceptance for studies to you.
You can start your new course before we have approved your new Tier 4 application if:
· you have applied to us for permission to stay and study with a Tier 4 sponsor which has a highly trusted sponsor rating; and
· your permission to stay and study in the UK with your former sponsor is still valid; and
· your prospective Tier 4 sponsor has assigned a confirmation of acceptance for studies to you for your new course.
You will start your new course at your own risk, as we may refuse your application.
You cannot start your new course until we have approved your new application, if you are applying to us for permission to stay and study with a sponsor that has an A (Trusted) or B (Sponsor) rating.
If you are already studying in the UK when you decide to change to a different Tier 4 sponsor, you must make your new application from inside the UK
If you applied for your Tier 4 student visa before 5 October 2009 and you want to leave your current course in order to study a course with a different education provider under your current permission to stay in the UK, you must get our written permission.
To request this permission, you must complete and send us a Tier 4 (PTS) application form. You can download this form and guidance notes from the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/studyi...
We will write to tell you that you can study with your new education provider under your existing permission to stay, if:
· the new education provider is on the register of Tier 4 sponsors, which you can download from the right side of this page; and
· we can confirm that the education provider wants to be your new education provider; and
· the course meets the requirements for your Tier 4 category. However, Tier 4 (General) students may continue to study a course at or above level A2 of the Common European Framework of Reference for Languages.
After you have sent us your Tier 4 (PTS) application form, we will write to you saying that we have received it. You can start your new course before we have decided whether to approve your request - but you do so at your own risk, as we may refuse the request.
Under the Immigration Rules, we may shorten your permission to stay as a student if you change your education provider without getting our permission.
If your new course will finish after your current permission to stay expires, you will need to make a new Tier 4 application to us. You will therefore need a confirmation of acceptance for studies from your new education provider.
Students - Course Fees
Please contact your Educational Establishment or Local Education Authority for information about whether you are considered an overseas or home student.
The refund of course fees paid to colleges is not something within the UK Border Agency remit.
For advice on this matter you may wish to contact UCAS who's details can be found at the following link: http://www.ucas.ac.uk/
7. Marriage or Civil Partnership with a British or Settled Person
The fiancé(e)/proposed civil partner visa is issued for a 6 month period, during which time you would be expected to finalise your plans and marry or register your civil partnership. Employment is prohibited under this visa. Once the marriage or civil partnership has taken place, you will need to apply for further leave to remain as a spouse/civil partner on application form FLR(M).
The spouse/civil partner visa is for a probationary period of 2 years, during which time you will be able to work without restriction. You will be able to apply for indefinite leave to remain in the United Kingdom no more than 28 days before this visa expires, on application form SET(M).
If the spouse/civil partner visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application before your visa expires. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
By completing form FLR(M), you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
With effect from 29 November 2010, UKBA has introduced a new English language requirement for those applying for Leave to Enter or Remain in the UK as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner of a British citizen or someone who is present and settled in the UK.
An applicant can meet the requirement in one of the following ways;
· by providing evidence that they have passed an English test (speaking and listening) at level A1 or above of the Common European Framework of Reference (CEFR) with one of UKBA's approved test providers, or
· by being a national of a majority English speaking country, or
· by having an academic qualification that is confirmed by UK Naric to be equivalent to a Bachelor's degree, a Master's degree or a PHD obtained in the UK which was taught in English.
· by having an academic qualification that is confirmed by UK Naric to be equivalent to a Bachelor's degree, a Master's degree or a PHD obtained in one of our list of majority English speaking countries (but not Canada)
· by having an academic qualification that is confirmed by UK Naric to be equivalent to a Bachelor's degree, a Master's degree or a PHD not obtained in the UK or a majority English speaking country which UK NARIC can verify was taught in English or can be verified by other evidence
For further information, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
8. UK Ancestry
A person needs to complete 5 years under the UK Ancestry visa prior to applying for Indefinite Leave to Remain. An application will normally be successful if it can be satisfactorily demonstrated that the applicant meets the requirements of the rules and has spent a continuous period of 5 years in the United Kingdom in this capacity. For this, the application form SET(O) is required.
The earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year.
In order to apply for an extension on your UK Ancestry visa to allow you to complete 5 years in this capacity, the application form FLR(BID) is required. With this application you will be required to provide your full birth certificate, full birth certificates for your parent and British born grandparent and, where necessary to establish the relationship, marriage certificates and/or adoption papers.
Further information and the application form are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
By completing form FLR(BID), you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
The Immigration Rules do not allow a person to switch in the UK from another category into UK Ancestry or dependant of a person holding UK Ancestry. In both cases, entry clearance must be obtained.
9. Working Holidaymakers - no switching to Points Based System categories
Working Holidaymakers are not permitted to switch in the UK to any Points Based System categories, including Tier 2 (Sponsored Skilled Workers) or Tier 5 (Temporary Workers). If they meet the requirements for a Points Based System category, they are required to return to their home country and obtain the appropriate Entry Clearance.
10. Child born in the UK
If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete one of the following application forms ,in order for them to be granted leave to remain as your dependant.
· FLR(O) if the person whom the child is dependant on has been granted leave to remain as a vignette in their passport
· FLR(BID) if the person whom the child is dependant on has been issued a Biometric Residence Permit not under the Points Based System
· PBS (Dependant) if the person whom the child is dependant on has been granted leave to remain under the Points Based System.
On form FLR(O) and FLR(BID) the child's details should be entered in Section 1 - Applicant's Details. On form PBS (Dependant) the child's details should be entered in Section 2 - Dependant's Details. Your passport should also be enclosed with the application.
If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the UK Border Agency for your baby. They are deemed to have leave to remain in the UK until you leave.
If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.
11. Settlement - Knowledge of Language and Life in the UK
If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/settle...
12. Indefinite Leave to Enter
In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.
The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.
The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.
The Immigration Officer's stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.
The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.
Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.
13. New Passport - Transfer of Conditions or No Time Limit
If you have a new passport and you wish to have your Limited Leave to Enter or Remain status transferred to it, you will need to submit a TOC (Transfer of Conditions) application form.
If your passport has been lost or stolen, you need to report this to the Police and include the Police Report and/or Crime Reference Number with your TOC application.
Alternatively, if you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK - this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your residence permit when you arrive at our border, you may not be allowed to enter the country. We cannot transfer your residence permit to your new passport at passport control when you enter the UK.
If you want a TOC stamp for your new passport, you must apply using form TOC at least four weeks before the end of your permitted stay in the UK. We will not confirm your permission to stay in a new passport if that permission has already run out - your fee will not be refunded, and you will have to apply for further permission to stay in the UK.
If you have Indefinite Leave to Enter or Remain, you will need to submit an NTL (No Time Limit) application form in order to have your status transferred to a new passport. You are advised to transfer your Indefinite Leave to Remain status into the valid passport before you travel. If you have retained your old passport and you need to travel as a matter of urgency, you may travel with both the old and the new passports. You are advised to submit an NTL application to the Home Office on your return to the UK.
If your passport has been lost or stolen, you need to report this to the Police and include the Police Crime Report and/or Crime Reference Number with your NTL application.
Alternatively, if you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK - this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your residence permit when you arrive at our border, you may not be allowed to enter the country. We cannot transfer your residence permit to your new passport at passport control when you enter the UK.
If you have been naturalised as a British citizen since being given permission to settle in the UK, you should not apply for an NTL stamp - as a naturalised citizen, you have the right of abode in the UK and are no longer subject to immigration control. If you do not have a Biometric Residence Permit (BRP), and your passport has been lost or stolen, you need to report this to the Police and include the Police Crime Report and/or Police Reference Number with your TOC or NTL application.
If your BRP is lost or stolen, please see Paragraph 3 above for information about the BRP(RC) form.
14. Reporting an immigration offence
If you know someone is breaking immigration laws, for example by being in the United Kingdom illegally or by employing an illegal immigrant, please write to us at the following address:
UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.
Alternatively you can send the details by e-mail to this address. (You do not need to re-send the information if you have already done so.)
We may not be able to acknowledge your letter or e-mail but we will pass it on to the relevant local immigration team. Where appropriate, they will investigate and take action.
To enable us to send your information quickly to the local immigration team closest to the offence you are reporting, please help us by putting the name of the town or the postcode in the subject line (title) of your e-mail. Please give us as much information as possible about the immigration offence, including names, a physical description of the person in question, home and work addresses, to help our investigation.
We treat all personal information as confidential. This means we will not tell the person involved that you contacted us. It also means we will not be able to tell you what was done as a result of your information.
If you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to:
[email address]

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From: Nara C

27 August 2011

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Discretionary leave and eligibility for
student finance'.

My request was not answered.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/di...

Yours faithfully,

Nara C

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From: Freedom Of Information Team ( IND )
UK Border Agency

27 August 2011

Thank you for you email.
I am outoof the office until Monday 5/09/11. Please contact the Freedom of
Information Mailbox for any urgent queries
Regards
Isra

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Freedom Of Information Team ( IND )
UK Border Agency

30 August 2011

Dear Nara C,

Your below request is a general enquiry and was therefore sent to the Public Enquiries who have responded. You will need to read their response and contact the Public Enquiries if you have any further questions. As your request was not treated under the Act we will not consider your request for an internal review.

Yours sincerely,

Freedom of Information Act Policy Team

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Clara Deigo left an annotation (30 August 2011)

Quote-marks Hi nara yes you are eligable for student loan and your classed as home student as the governent is the one paying for your fees, a person with discretionary leave as all the rights as someone with indefinite but the difference is that discretionary leave is only temporary... Hope this has helped

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From: Nara C

30 August 2011

Dear Freedom Of Information Team ( IND ),

Why would you say this is a public enquiry when there is no answer
to it from the previous correspondence. There is unnecessary jargon
of which I cannot relate to. I feel that you have not read the
questions. If you have may you answer the questions and provide me
with a document or a link to a discretionary leave policy please.

Yours sincerely,

Nara C

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Stephen Peach left an annotation (18 October 2011)

Quote-marks Guidance on Discretionary Leave policy is here: http://www.ukba.homeoffice.gov.uk/siteco...

On the question of eligibility for student finance that is not a question UKBA would be in a position to answer authoritatively but you may want to look at this site: http://www.direct.gov.uk/en/EducationAnd...

That website says you need to be settled to get student finance, you will not be settled if you have ILR since settled means there are no restrictions on the time you can live in the UK (if you have DL there is a limit).

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Stephen Peach left an annotation (18 October 2011)

Quote-marks Sorry, i meant you will not be settled if you have DL (you will if you have ILR).

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afham left an annotation ( 3 November 2011)

Quote-marks May I suggest that the next time you request information you write using kind words and not demanding because after reading your request - I would say you are very demanding and angry and this is not the way to communicate.

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C. M. Gray left an annotation (10 April 2013)

Quote-marks I,like Nara as far as I can gather, hold a Discreational Leave Visa which is non Asylum related. I find it incomprehensible that this group of people has been left out from any assistance with student finance. We dont qualify as Home students so we arent eligible for any degree course at all. I have to wait 6 years (I will be 43 by then) to qualify for settled status which means any studying I want to do is impossible. I consider myself (because of my zeal to learn and get qualified) a valuable resource and potential contributor to the economy. That resource being left to languish for 6 years doesnt make sense to me. I wonder if there are more people out there who fall in this category whose academic potential is paralysed by this rule.

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JT SPOONS left an annotation ( 3 November 2013)

Quote-marks I agree with Nara C,and is very devastated by this ridiculous policy that restricts a certain group of people from accessing student finance.Who makes these policies? It really needs to be reviewed,
As a mother of three children,I am entitled to housing benefit,council tax benefit,child tax credits,council house,free school meals,winter payment and also entitled living my life wasting away,yet I cannot access student finance that should benefit myself and the society.Wow I cannot comprehend the reasoning behind this policy.

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