Tier 4 (Child) Students applying from inside the UK

227. From 1 October 2012, all applications for further leave to remain will fall for refusal if a student has overstayed for more than 28 days, unless there were exceptional circumstances which prevented them from applying within the 28 day period. The 28 day period of overstaying is calculated from the latest of:

• the end of the last period of leave to enter or remain granted, or

• the end of any extension of leave under sections 3C or 3D of the Immigration Act

1971, or

• the point a written notice of invalidity is deemed to have been received, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain.

If there are exceptional circumstances which prevent you from applying in time, you must submit evidence of the exceptional circumstances with your application. The threshold for what

Tier 4 Policy Guidance version 11/2014 page 38 of 81

constitutes ‘exceptional circumstances’ is high and will depend on the individual circumstances of your case, but for example, may include delays resulting from unexpected or unforeseeable circumstances such as the following:

• serious illness which meant that you or your representative were unable to submit the application in time (where supported by appropriate medical documentation).

• travel or postal delays which meant that you or your representative were unable to submit the application in time.

• inability to provide necessary documents.

This would only apply to exceptional or unavoidable circumstances beyond your control, such as Home Office being at fault in the loss of, or delay in returning, travel documents, or delay in obtaining replacement documents following loss as a result of theft, fire or flood (where

supported by evidence of the date of loss and the date replacement documents were sought).

We suggest that if your course has ended and you are applying from inside the UK to extend your stay, you should apply in the last three months of your permission to stay if possible. This is because as soon as we give permission to stay (if the application is approved), your new Tier 4 sponsor becomes responsible for you.

Date: 2016-03-03; view: 787