ความคิดเห็นที่ 4
Hi Miss fatty;
My opinion on this case is that you will have to leave the UK in order to apply for IGS visa back in Thailand,.....because the rule for IGS states clearly that the applicant has to have a valid leave to remain as a student, IGS or SEGS. No mention about other categories.
http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part5
Requirements for leave to remain as a participant in the International Graduates Scheme
135R. The requirements to be met by a person seeking leave to remain as a participant in the International Graduates Scheme are that he:
(i) meets the requirements of paragraph 135O(i) to (vii); and
(ii) has leave to enter or remain as a student or as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 5769L or 135O135T of these Rules;
(iii) would not, as a result of an extension of stay, remain in the United Kingdom as a participant in the International Graduates Scheme to a date beyond 12 months from the date on which he was first given leave to enter or remain in this capacity or under the Science and Engineering Graduates Scheme.
http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/news/archive/changing_immigration.html
What happens if an application is submitted where the non-EEA national is not in the UK in one of the designated switching categories? The presumption will be that applications made from non-EEA nationals currently in the UK in any other capacity will be refused.
What if there are exceptional circumstances?
Switching from categories other than those stated in this leaflet will not be allowed except in exceptional circumstances. These circumstances will be assessed by caseworkers on a case by case basis. Circumstances relating to the job, employment and labour market will not be accepted as exceptional circumstances. Only circumstances relating to the individual which would make it unduly harsh for them to return to their country of residence may be considered as exceptional.
More: http://www.ind.homeoffice.gov.uk/documents/idischapter5/section13.pdf?view=Binary
This means those in the United Kingdom with valid leave as:
-a student (paragraphs 57 62) -a student nurse (paragraphs 63 69) -To re-sit examinations (paragraphs 69A 69F) -To write up a thesis (paragraphs 69G 69L)
An application for a person with leave in any other category to remain as a participant in the International Graduates Scheme should be refused as the requirements of paragraph 135R (ii) are not met.
Note: An applicant must have valid leave at the time of making an application. Any out of time applications for leave under the International Graduates Scheme should be refused on the basis that the applicant does not have leave as a Student, Science and Engineering Graduate Scheme participant or an International Graduate Scheme participant and therefore does not meet the requirements of paragraph 135R (ii).
http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_programmes/internationalgraduatesscheme.html?
Can I switch into the scheme without leaving the UK?
Applicants may switch into the scheme whilst in the UK if they have valid leave as a student. This includes leave as a student, a student nurse, to re-sit an examination, or to write up a thesis.
Alternatively you can apply to return to the UK from abroad under the scheme no later than one year after you complete your course (as shown by the date your relevant leave as a student expires). Entry clearance is mandatory for those returning to the UK under the scheme.
I hope it is clear and I don't think there is any point in asking the HO about the matter.
Best wishes.
จากคุณ :
genf
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8 ก.ย. 50 00:48:18
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