Bhimani (Student: Switching Institution: Requirements)
| Jurisdiction | UK Non-devolved |
| Judge | Upper Tribunal Judge Allen |
| Judgment Date | 30 September 2014 |
| Neutral Citation | [2014] UKUT 516 (IAC) |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Date | 30 September 2014 |
[2014] UKUT 516 (IAC)
Upper Tribunal
(Immigration and Asylum Chamber)
THE IMMIGRATION ACTS
UPPER TRIBUNAL JUDGE Allen
For the Appellant: Mr P Nath, Senior Home Office Presenting Officer
For the Respondent: Mr Z Malik, instructed by Mayfair Solicitors
Bhimani (Student: Switching Institution: Requirements)
Where a student chooses to study at another institution holding a different sponsor licence number from that of the institution where he/she was granted leave to remain to study, he/she is required to make a fresh application for leave to remain.
For the sake of convenience I shall refer to Mr Bhimani as the appellant, as he was before the First-tier Judge, and the Secretary of State as the respondent.
The appellant first entered the United Kingdom on 25 November 2009 with entry clearance as a Tier 4 (General) Student. His leave was subsequently extended until 11 August 2014, but on 13 March 2013 his leave to remain was curtailed so that it would expire on 12 May 2013. On 11 May 2013 he applied for leave to remain in the United Kingdom. He had previously been granted leave to remain in order to study with Access College, London. However in support of his application for further leave to remain he provided an academic transcript from One-Tech Training, showing that he had studied at that establishment for a diploma in business management between 6 June 2011 and 8 January 2013.
The relevant statutory and other materials are as follows:
“
3. General provisions for regulation and control.
(1) Except as otherwise provided by or under this Act, where a person is not a British citizen—
(a) he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of, or made under, this Act;
(b) he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;
(c) If he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—
(i) a condition restricting his employment or occupation in the United Kingdom;
( ia) a condition restricting his studies in the United Kingdom;
(ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds;
(iii) a condition requiring him to register with the police.
(iv) a condition requiring him to report to an immigration officer or the Secretary of State; and
(v) a condition about residence.
(2) The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).
If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).
(3) In the case of a limited leave to enter or remain in the United Kingdom,—
(a) a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.
…
4. Administration of control
(1) The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise allowed by or under this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.
(2) The provisions of Schedule 2 to this Act shall have effect with respect to—
(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;
(b) the examination of persons arriving in or leaving the United Kingdom by ship or aircraft, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and
(c) the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and
(d) the detention of persons pending examination or pending removal from the United Kingdom;
and for other purposes supplementary to the foregoing provisions of this Act.
(3) The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—
(a) as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;
(b) as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;
(c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;
and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.
(4) The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.
….
….
Entry clearance as Leave to Enter
2. Subject to article 6(3), an entry clearance which complies with the requirements of article 3 shall have effect as leave to enter the United Kingdom to the extent specified in article 4, but subject to the conditions referred to in article 5.
Requirements
3.(1) An entry clearance shall not have effect as leave to enter unless it complies with the requirements of this article.
(2) The entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom.
(3) The entry clearance must be endorsed with:
(a) the conditions to which it is subject; or
(b) a statement that it is to have effect as indefinite leave to enter the United Kingdom.
…
HC 395
245ZW Period and conditions of grant
(a) Subject to paragraph (b), entry clearance will be granted for the duration of the course.
(b) In addition to the period of entry clearance granted in accordance with paragraph (a), entry clearance will also be granted for the periods set out in the following table.
Notes to accompany the table appear below the table.
Type of Course
Period of leave to remain to be granted before the course starts
Period of leave to remain to be granted after the course ends
12 months or more
1 month
4 months
6 months or more but less than 12 months
1 month
2 months
Pre-sessional course of less than 6 months
1 month
1 month
Course of less than 6 months that is not a pre-sessional course
7 days
7 days
Postgraduate doctor or dentist
1 month
1 month
Notes
(i) If the grant of entry clearance is made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, entry clearance will be granted with immediate effect.
(ii) A pre-sessional course is a course which prepares a student for the student's main course of study in the UK.
(iii) The additional periods of entry clearance granted further to the table above will be disregarded for the purposes of calculating whether a migrant has exceeded the limits...
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