I receive calls almost everyday from students that their applications as Tier 4( General) student Migrant under Point Based System have been refused. I have been dealing with similar cases every day. There are mainly two folds to refuse students' application:
a) Students are unaware of current Immigration Rules that they have to maintain maintenance (funds) in their accounts for two months, ie., Inner London £800 x2= £1600 and outer London £600x2= £1200 plus their tuition fees. Maintenance means money for course fees and your living costs.
b) The colleges/academic institutions are failed in advising students how maintenance (Funds) plus tuition fees can be satisfied to extend leave to remain to be endorsed by the the UK Border Agency. How sponsor can issue standard visa letters to students? Also Students are failed to find out whether colleges are A rated sponsor. You should always check with an education provider that is approved by the UKBA and has been given a licence to bring students to the United Kingdom under tier 4 of the points-based system
In addition to above, I have seen students still provide source of funds from their sponsors (father, brother, uncle or relatives) which is not intention of current Immigration Rules. Now only official financial sponsor can be used who is sponsored by Her Majesty’s Government, their home government, the British Council or any international organisation, company or university. The student can not use source of funds from sponsor. Therefore, funds must be in student's account.
How you can succeed to extend your student visa under PBS. You must have a minimum of 30 points under Attributes section and must have a minimum of 10 points under maintenance (Funds). Therefore you need to provide bank statement or letter confirming that you have enough money available to cover your course fees and monthly living costs , at the time of your application. You must show that you have held the money for at least be more than one month before the date of your application.28 days. The end of that 28 day period must not be more than one month before the date of your application.
You must not be applying for leave to remain for the purpose of studies which would commence more than one month after your current leave to remain expires. You may need to show a lower amount of money for your living costs if you have done a course of study in the United Kingdom in the last four months before you apply or are currently studying and need more time to finish your course; and you can apply showing the lower maintenance costs, whether you are applying from inside the United Kingdom for an extension that course was six months or more in length.
If your course is nine months or less in Inner London Course then you have to provide evidence that you have paid your fees and £800 to cover living costs for each calendar month of the course up to a maximum of two months. (£1600 in total and evidence of paid tuition fees). If your course is nine months or less in Outer London or anywhere else in the United Kingdom then provide evidence of paid Course fees,and £600 to cover living costs for each calendar month of the course up to a maximum of two months. (£600x2= £1200 )
There are other provisions that if your course is more than nine months Inner London, you need to provide evidence that you have paid First year of fees, and £1,600 to cover two months of living costs. Similarly, if you are studying Outer London or anywhere else in the United Kingdom then provide evidence of paid of First year of fees,and £1,200 to cover two months of living cost.
You cannot apply for the lower amount of living costs if you have finished your course more than four months ago; or the course you finished was less than six months.
If you follow above routes then I do not see any reasons to refuse your application as a Tier 4 (General) Student Migrant under PBS.
I believe this guidance gives all students a breathing space when you are applying as a Tier 4 (General) student.
Raju Thapa, LLM
Asghar & Co Solicitors
112-114 The Broadway, Southall, London, UB1 1QF
Phone: 0208 843 0010