TatTVC From United States of America, joined Mar 2005, 89 posts, RR: 0 Posted (2 years 5 months 6 days 23 hours ago) and read 2135 times:
I was hoping that someone with experience in UK visas/application experience could possibly provide some advice, I've dug through all the information that the Home Office / UK Boarder Agency provides and am wondering what to do next.
Background: I've been accepted to study in Oxford next year, January-July. I don't technically need a visa but I do if I want to work part-time. I can pay for the program without working, however for extra cash plus the experience I'd like to be able to have a part-time job while at school over there.
Therefore, I need, as far as I can tell, a Tier-4 visa. If I don't want to work, since I'm going to be in the country 1 day short of 6 months, I would be fine. However, as I've had some confusing issues with immigration laws in the past, I would prefer to have the visa just to be safe, regardless of the high application fee.
However, some parts of the visa Tier-4 visa application have made me hesitant to go ahead with it, because I'm concerned if they reject it it might cause problems for me to go at all, since it will all be on the record. Such as:
-Last summer I accidentally stayed more then 90 days in the schengen zone, without a visa (despite assurances from both Swiss and German embassies I was fine), which resulted in a nice fine upon leaving Zurich for home after 101 days in Germany/Switzerland. I was planning to leave on said date, and left as scheduled, however I'm not sure if that would be considered as being "deported, removed, or otherwise required to leave any country..." as asked on the visa application.
-For criminal convictions, I have one speeding ticket and one "following too closely" ticket from a minor accident. All have been paid and dealt with, and I've never served any prison time of course, but the record is there. And then, since it asks for "Do you have any criminal convictions in any country (including traffic offenses), would my overstay in Switzerland/schengen zone qualify?
So with all that, despite the fact I'm only a student (that apparently should have also been a lawyer to plan my studies in Europe last summer), I don't see any reason why my visa should be rejected. Yes, I've made a couple honest mistakes, but I'm not a career criminal, and I'm only trying to follow the laws and do what is right while fulfilling my academic goals.
Thoughts and advice would be greatly appreciated!
"Your time is limited- don't waste it living someone else's life" -Steve Jobs
moo From Falkland Islands, joined May 2007, 4482 posts, RR: 4
Reply 1, posted (2 years 5 months 6 days 22 hours ago) and read 2112 times:
Quoting TatTVC (Thread starter): And then, since it asks for "Do you have any criminal convictions in any country (including traffic offenses), would my overstay in Switzerland/schengen zone qualify?
From the UK Border Agency websites "staff guidance" page:
Paragraph 320(18) of the Rules states that an application should normally be refused if that person has been convicted of an offence in any country, which could have attracted a term of imprisonment of 12 months or more if the offence had been committed in the UK
ECOs should not refuse under 320(18) if the conviction is considered 'spent' under the Rehabilitation of Offenders Act (a copy can be downloaded under 'Related documents' onthe right side of this page). Paragraph 320(18) will not apply where an applicant has been cautioned. When determining if a refusal under 320(18) is appropriate, the ECO must also take into account any human rights grounds and ensure that the refusal is both proportionate and reasonable.
planejamie From United Kingdom, joined Sep 2011, 576 posts, RR: 0
Reply 2, posted (2 years 5 months 6 days 18 hours ago) and read 2069 times:
The UK isn't part of the Schengen zone, so I don't think that would have any issues... however, I'd still declare it but as far as I can tell you'd have no problem getting a visa. Good luck and well done for getting into Oxford!
And I really understand their point. I think you would have difficulty locating a part time job that had flexible hours to allows you to attend seminars, lectures, tutorials, etc., and still manage to complete all of your work. The application process is also incredibly tedious, and in typical UKBA fashion, the directions are very vague.
If you do decide to apply though, you will need Oxford to supply you with a CAS. Basically they register you on a Home Office online system as being accepted onto the course, and they stipulate what the requirements you have met are. Then, in addition to filling out the endless forms, you will need to provide ORIGINAL proof of whatever it is that you have met to fulfil the requirements. If it is a transcript from a university, it will need to be sealed and stamped by the university. You will also need to provide loads of financial information, showing that you have enough money to stay in the country. If this is coming from your parents, then you will need to supply a letter from them saying that they are willing to pay for you, etc. I mean the list goes on and on. Because these applications are dealt with by low level foreign service employees who have to abide by a strict framework when assessing your application, minor errors or forgetting one small fraction of your application will result in a denial. And then you'll have to reapply again, pay again, and won't be able to enter the UK until it is resolved - this being because you won't probably have the time to appeal. Also, it doesn't look like you have much time to take care of all this, seeing as you start in January, so ultimately, I don't think it's worth it.
Of course I'll understand if you don't want to/can't answer this but are you studying at OAA or at the university? I only ask as I noticed that the length of your stay coincides with the length of an ATPL ground school course. As mentioned above, the Uni can be a bit restrictive with regards to part time work.