Outstanding, non Student route, immigration applications

The sections on this page offer some background to, and the University's position regarding, students (or applicants) presenting with outstanding applications or appeals under non Student Route (or alternative University advised) immigration pathways. This could include, but is not limited to: Fee Waivers and linked applications; Asylum and FLR(HRO).

Some students, due to academic/appeals timings or UKVI regulations around when they can fulfil visa requirements to apply for a certain visa immigration route, find themselves advised by their Universities that they need to go home, or cannot apply for a certain visa route, at that point.

The Higher Education sector has seen considerable issues with students then trying to remain in the UK, or close timings gaps, by making an immigration application which they don't really want, or need, but which is primarily intended to 'buy them time' in the UK. These applications may be as a Fee Waiver (usually on Human Rights or Medical Grounds), an Asylum claim or an FLR(HRO) application or other. 

This advice is sometimes given by friends, family or even legal advisers outside of institutions and is sometimes without consideration of either an individual University's policies or a student's present, or future, academic situation/options.

The UKVI has taken steps to try and prevent this, perceived circumvention of the rules and intent of the immigration system, from happening. As a result, many students are being caught out by not being fully informed around the risks associated with this type of activity and are ending up in very tricky situations.

We understand that not all students who submit Fee Waiver and/or related/alternative visa applications fall into the categories above. However, due to the number of concerning cases we have been made aware of, this information has been provided, in good faith, to try and ensure Swansea University students and applicants are properly informed before taking any immigration action which may later cause them immigration harm and prevent them from fulfilling their future UK ambitions.

We encourage all students to carefully read the information provided by the UK Council for International Student Affairs (UKCISA) about Fee Waivers and the related Free Movement article also about making a Fee Waiver application to 'buy time' in the UK.

Please do this before submitting any Fee Waiver or related visa applications.

As can be seen in those articles, making a fee waiver application carries the caveat that the applicant must go on to make the visa application for which the Fee Waiver was made or the Fee Waiver is counted as invalid, any protections under Section 3C (preventing UK overstay) are 'lost' and the applicant is at risk of future immigration bans (up to 10 years) for using deception in making the Fee Waiver application.

We have seen many students being advised that they can 'just make a Fee Waiver or alternative application (to prioritise UK legality under Section 3c) and then switch to making a Student Route or Graduate Route application later'- although this has been, fortunately, reducing in number.

However, there is a significant chance that any application made under another route could fall for refusal and the applicant could be deemed a UK overstayer from the date that their previous visa expired. If someone is deemed a UK overstayer of more than 28 days, they can face automatic UK re-entry bans, when they do leave the UK, and if they apply to come back to the UK to study or work.

It is important to note that Student Route sponsorship, either new or continuing, is not automatic and not a given. Neither a student, nor their Agent or legal representative, can compel or pressure the University to either enrol or provide immigration sponsorship (a CAS) to an individual student. Whilst we seek to support students wherever possible, the University's primary responsibility is safe management of the UK immigration system, and our Student Route Sponsor Licence, for the benefit of all Swansea University students.

Due to the information outlined in the section above, within the linked articles provided and via published UKVI Policy, a student/applicant who is in the UK and who has a refused or outstanding visa application; Fee Waiver or immigration appeal should not expect to be issued CAS to make a Student Route application from within the UK.

Students who apply to the University with recently refused/outstanding visa or fee waiver applications will not usually be issued a CAS statement to 'switch' categories within the UK. The University would usually expect students to leave the UK prior to CAS assessment and/or await final outcome of any outstanding visa or appeal applications. 

The university may assess a student for CAS for continuing study, if a student has applied a Fee Waiver, but can evidence that they have subsequently left the UK within 28 days of their previous visa expiry. Please see University information on applying for a CAS for continuing study. It is important to note that CAS assessment will not take place until after receipt of Proof of UK exit.

Students that have made a Fee Waiver application and who have subsequently made the related and required immigration application for which the Fee Waiver was applied, will be expected to await the outcome of that visa application. A CAS in order to make an in UK variation application to Student Route will not be issued. 

Students who have applied for Fee Waiver/linked or other immigration route and who successfully complete their studies whilst their application is under UKVI consideration, will be reported as completing their studies to UKVI as standard. However, the University takes no responsibility for students who subsequently make a variation application into Graduate Route and who, therefore, risk visa refusal and potential immigration bans if deemed as having utilised 'deception' in their previous application. 

Students who present for enrolment on the basis of having made an application under a non Student Route visa route may be enrolled if, following a standard UKVI Immigration History Check and having provided any requested information or documents, the VISA Compliance team are satisfied that there is Section 3c in place. However, students will usually be expected to await the outcome of any visa application made and will not usually be provided a CAS for in UK application variation purposes. Students in this position would need to accept any associated study risks should their visa application or appeal subsequently be refused.

Students are advised to contact the VISA Advice team so that their situations can be looked at on an individual basis. The trained Immigration Specialists within that team will endeavour to find the best and safest solution. This may not be the answer which is being hoped for but it will be given with the aim of keeping everyone as safe as possible - both at the time and in the future.

If you are advised you need to leave the UK, as there is no viable and safe immigration option for you to remain in the UK at that time, you should listen and follow advice given, even if it is not what you want to hear. 

Please give VISA Advisers complete, honest and accurate information- they can only offer advice based on the information given at any moment in time.