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ukmalayalampathram.com
Wed 24th Apr 2024
 
 
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Will I be able to claim reduced maintenance if I am in UK for less than 5 months as a Tier 4 Migrant?
Paul John
Dear Sir,

I am in UK as a Tier 4 Migrant student. I came in December and my visa expires in April. The first 2 semester of my course was taught in India and the last 2 semesters are taught in UK. The course has been delayed and I need to extend my visa in UK. I am told that I need to show full maintenance to extend my visa. Is it correct?


A student qualifies for reduced maintenance only if he/ she has an established presence in UK. A student will make an established presence in UK if he /she has completed a course of 6 months duration or is studying a course and has completed 6 months of study in that course within the past 4 months. In your case as you have been in UK for less than 6 months you will not be considered to have an established presence in UK and therefore you will not qualify for the reduced maintenance requirement under the policy guidance. You may be able to argue that clause 127 ( 2) of the guidance is applicable in your case as you are currently studying a single course, of which you have completed at least six months, amalgamating the study you have done in India and in UK. But it will be difficult to convince the UKBA official regarding this and you may need to go before an Immigration Judge to establish your case in appeal. So the easiest and more practical way to adopt in your case is to show full maintenance. In case you don’t have the required funds for showing full maintenance you should get legal advice from a legal advisor to make an application in this regard.

Paul John
 
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