This has always been a problem but I agree with Joy, while an appeal is pending the student is still in the same position as they were while the application is pending however once the appeal is exhausted and the application still unsuccessful then the student will need to suspend / interrupt as they have been refused leave to study with you. It's something that needs to be pointed out to students at registration to make sure they realise there is a risk that their studies may have to be interrupted while they sort out their visa.
you never know, the appeal could go on long enough for the student to complete his/her studies even if it's never successful!
From: Discussion and best practice regarding PBS Tier 4 compliance [[log in to unmask]] On Behalf Of Joy Grenyer [[log in to unmask]]
Sent: 15 November 2011 18:24
To: [log in to unmask]
Subject: Re: Change of Institution
I would say that until the decision has been made - i.e. the outcome of the appeal - the student is still in the same position (sort of) as they were when their application was pending. They are protected by 3C leave and so are not overstayers etc etc. So, they should be allowed to stay on the course.
Why was the visa refused? If it was for something that will be difficult to appeal against then your decision might be made for you quite soon.....
What do the others think?
Regards to all
From: Discussion and best practice regarding PBS Tier 4 compliance [mailto:[log in to unmask]] On Behalf Of Sarah Hargreaves
Sent: 15 November 2011 17:02
To: [log in to unmask]
Subject: Change of Institution
I wonder if anyone had come across the same problem and could advise. . . ?
If a student was registered in September, on the basis that their Tier 4 application was with the Home Office (their previous visa was for a different Tier 4 sponsor), and they subsequently receive a visa refusal can their registration be maintained whilst they are appealing this decision? Provided the appeal was submitted in time.
Or in this situation, should we suspend/withdraw the students registration?
PBS Team (Student)
University of Bradford
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