Resitting, Interrupting or Leaving Your Course: A Guide For International Students
Resitting, Interrupting or Leaving Your Course: A Guide For International Students
Resitting, Interrupting or Leaving Your Course: A Guide For International Students
Personal
Immigration
UK
EU
International
Undergraduate
Postgraduate
Disclaimer
Law, regulations and policies can change quickly so make sure that you are using the most up-to-date version of this guidance. Check the Advice and Counselling Service website for regular updates. The information in this guide is given in good faith and has been carefully checked. Queen Mary, however, accepts no legal responsibility for its accuracy.
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Contents
Feel like leaving?................................................................................................5
Think about your decision ............................................................................................................5 Think about the practical implications of your decision............................................................5
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What immigration issues might you need to consider? How do you complete the Colleges administrative formalities if you leave your course at QM? Before you make a decision, it is vital that you get accurate information about these practical matters, and this Advice Guide can help you with this.
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How do I interrupt?
If you have personal or medical difficulties, speak to your personal tutor or academic adviser first, to discuss why you feel that you need to interrupt and to agree when would be the best time for you to return. If your academic school agrees, you then need to complete an interruption of study form. You should also read the separate document called Instructions for interruptions and withdrawals. The instructions and the interruption form can be found at: http://www.arcs.qmul.ac.uk/registry/maintenance_of_student_records.html
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Medical and dental research students You can download a form: http://www.smd.qmul.ac.uk/graduateschool/researchstudentguide/forms/InterruptionOfStudyForm.doc
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case with Annie Mitchell, Academic Adviser at the Students Union. More information about the Students Union Academic Advice Service is at: http://www.qmsu.org/advice/academic
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By telephone 020 7882 5864 When the UK Border Agency receives notification that QM is not continuing to sponsor your immigration permission, they may cut short your immigration permission. If your current immigration permission expires in 60 days or less If you have 60 days or less of immigration permission remaining after the effective date, the UK Border Agencys policy states that they will take no action. You are allowed to stay in the UK until your immigration permission expires. If your current immigration permission expires in more than 60 days If you have more than 60 days of immigration permission remaining after the effective date, the UK Border Agencys policy says that they will curtail (cut short) your immigration permission to 60 days. Notification of curtailment: We are aware that the UK Border Agency is not always successful in notifying students that their immigration permission has been curtailed. If you calculated that you have or had more than 60 days of immigration permission remaining from the effective date, assume that your immigration permission was or will be cut to 60 days from that date. To avoid accidently staying in the UK illegally, leave the UK within the 60 days of the effective date. Students who applied for immigration permission using a Visa letter (before 22 February 2010) If you applied for your most recent immigration permission using a Visa Letter instead of a CAS, the College isnt required to report your interruption or that you are re-sitting out of attendance to the UK Border Agency. However, your immigration permission could still be curtailed (cut short) if the UK Border Agency checks with the College and discovers that you are interrupting or re-sitting out of attendance. Our understanding is that it is the UKBAs intention that students with immigration permission that was granted on the basis of a Visa Letter should behave as if they had immigration permission granted on the basis of a CAS. This means that you should leave the UK within 60 days of interrupting your studies or a decision that you are re-sitting out of attendance (if you have more than 60 days remaining when you interrupted or at the time of the decision). If you have 60 days or less of immigration permission remaining at the date of interruption or at the time of decision that you will be resitting out of attendance, you should leave the UK before your immigration permission expires. I have student immigration permission (a visa) that was granted under the old immigration rules (before Tier 4) As you have been granted immigration permission as a student, you should be attending a full time course of studies, while you are in the UK. If you are in the UK with immigration permission as a student, and you are interrupting or resitting out of attendance and the UK Border Agency become aware of this, they may curtail (cut-short) your immigration permission. 10 Re-sitting, interrupting or leaving your course A guide for International Students
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If you are not attending a full time course, you should make arrangements to leave the UK. Our understanding is that it is the UKBAs intention that students with immigration permission that was granted before the introduction of the Points Based System, should now behave as if they had immigration permission granted on the basis of a CAS. This means that you should leave the UK within 60 days of interrupting your studies or a decision that you are re-sitting out of attendance (if you have more than 60 days remaining when you interrupted or at the time of the decision). If you have 60 days or less of immigration permission remaining at the date of interruption or at the time of decision that you will be resitting out of attendance, you should leave the UK before your immigration permission expires. Under the old immigration rules, there existed a special category called student undertaking re-sits. This category allowed students to stay in the UK while they were waiting to undertake re-sits without attending a full time course. It is no longer possible to apply for immigration permission under this category as it was removed when the Tier 4 rules were introduced in March 2009.
How and when do I apply for new immigration permission to return to my studies?
In this section, when we refer to the date you resume your studies, we mean one week before the beginning of the exam period if you are re-sitting out of attendance, or the date you are expected to return to your studies if you are interrupting or if you have been de-registered from your programme.
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Limit on number of years spent studying in the UK You will not be eligible for further immigration permission to study in the UK under Tier 4 if you have spent, or will spend, more than 5 years studying in the UK at degree level or above as a Tier 4 (General) student or as a Student (under the Immigration Rules before 31 March 2009). While you are studying for a PhD, you are exempt from this rule, as are certain other courses including architecture, medicine, and dentistry, veterinary medicine and science. If you take longer than expected to complete your course, for example because you need to retake part of your course or do resits, and to do so would take you over the five year limit, UKBA will only extend your immigration permission if you have very compelling circumstances, such as injury or disability. Queen Mary is prohibited from issuing you with a CAS if you have or, if you will, exceed the 5 year limit. For more information about this time limit, please read the Advice and Counselling Service Advice Guide Applying for Tier 4 (General) Student immigration permission: http://www.welfare.qmul.ac.uk/documents/leaflets/immigration/29744.pdf If you already have Student immigration permission granted under the old rules that will still be valid when you resume your studies or will expire not more than one month before you are due to resume your studies You may still need to return home (See Can I stay in the UK during a period of interruption or re-sitting out of attendance?) but, so long as your immigration permission has not been cut short, you can come back to the UK up to one month before you are due to resume your studies. When you return to the UK, you may need to show the Immigration Officer at the airport evidence that you are expected to resume your studies. To show that you are expected to resume your studies, you should carry with you a Confirmation of Enrolment letter from Queen Mary (see below). If you will need to extend your immigration permission so that you can complete your studies, you can do this when you return to the UK or you can apply for new entry clearance outside the UK. See the section What sort of immigration permission should I apply for. Be aware of the 5-year limit on time spent studying in the UK on courses at degree level or above. See the 5-year limit section above.
How do I request a Confirmation of Enrolment letter from QM? A Confirmation of Enrolment letter is a letter from Queen Mary to confirm that you are a student. You need this letter for immigration purposes if you are returning to the UK and you have existing immigration permission which is still valid and has not been cut short. You may need to show this letter to the Immigration Officer when you re-enter the UK. Make sure that your letter includes the original start date of your course, the revised end date of your course and information to confirm your period out of attendance and the date that you are required to resume your studies at QM. Undergraduate students (except medical and dental students) and all taught postgraduate students You can request your enrolment letter from QM Registry: 12 Re-sitting, interrupting or leaving your course A guide for International Students
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In person: Room CB05, Queens building, Mile End campus By email: stuadmin@qmul.ac.uk If you have an urgent problem concerning your letter, please call 020 7882 5005. You cannot request your letter by telephone. Undergraduate medical and dental students You can request your enrolment letter: In person: The Student Office, Garrod Building, Whitechapel campus By email: n.khan@qmul.ac.uk If you have an urgent problem concerning your letter, please call 020 7882 8807. You cannot request your letter by telephone. Postgraduate research students You can request your enrolment letter: In person: Research Degrees Office, E15 Queens Building, Mile End campus By email: researchdegrees@qmul.ac.uk If you have an urgent problem concerning letter, please call 020 7882 5864. You cannot request your letter by telephone. If your immigration permission is due to expire more than one month before you are due to resume your studies If you are due to resume your studies more than one month after your current immigration permission expires, you will not be able to make an application to extend your immigration permission based on your studies at the College from within the UK. If you are not able to apply for immigration permission to extend your stay for any other reason, you will have to leave the UK and make an application for immigration permission to return to the UK shortly before you are due to resume your studies. Be aware of the 5-year limit on time spent studying in the UK on courses at degree level or above. See the 5-year limit section above. If you already have Tier 4 (General) Student immigration permission that will still be valid when you resume your studies or will expire not more than one month before you are due to resume your studies We recommend that you apply for new immigration permission before you return to the UK. This is because your immigration permission may have been curtailed (cut short) by the UKBA without your knowledge following the report from Queen Mary that you would no longer be in attendance. If your immigration permission has been curtailed you may not be allowed back into the UK, so you will need to apply for new immigration permission overseas before you travel here. Be aware of the 5-year limit on time spent studying in the UK on courses at degree level or above. See the 5-year limit section above.
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Only non-visa nationals can apply for Student Visitor immigration permission on entry. To apply for Tier 4 student immigration permission, your course at Queen Mary must start within one month of
your current immigration permission expiring. For example, if your course starts on 19 September 2012, your current immigration permission must not expire before 20 August 2012.
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Student Visitor
Further guidance If you will be applying for Tier 4 (General) Student immigration permission, see the Advice and Counselling Service Advice Guide, Applying for Tier 4 (General) Student immigration permission. You can obtain a copy of this Advice Guide from the Advice and Counselling Service reception or from the Advice and Counselling Service website www.welfare.qmul.ac.uk/leaflets/index.html If you will be applying for Student Visitor immigration permission, see the Advice and Counselling Service Advice Guide, What Immigration permission do I need to study at Queen Mary? You can obtain a copy of this Advice Guide from the Advice and Counselling Service website www.welfare.qmul.ac.uk/international/immigration/index.html These guides explain how and when you can make your application, what documents you will need and how to get them.
What College services can I use while I am interrupting or re-sitting out of attendance?
The College regulations state that if you are not enrolled or registered (and this normally includes people who have interrupted their studies, or who are resitting out of attendance) you may not use College facilities. The exception to this is if your academic school agrees to make a request for you to have use of a facility which they feel you specifically need, for example your school contacts the Library and requests access for you. So if you feel that there are strong reasons why your studies are being adversely affected because you dont have access to a certain College facility during your interruption or resit out of attendance, contact your academic school to discuss this. Academic school or institute You might only have limited contact, if any, with academic staff during a period of interruption or re-sitting out of attendance. Check with your academic school or institute. Re-sitting, interrupting or leaving your course A guide for International Students 15
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IT Services Your access to IT Services will normally remain the same while you are interrupting or re-sitting out of attendance. However, if you do not use your email account for a long time, you may be sent an email asking if you want to keep the account open. If you do not respond to this email, and you are not enrolled, your email account will be disabled. Advice and Counselling Service You can still use the Advice and Counselling Service by phone or email from home, while you are interrupting or re-sitting out of attendance
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Limit on number of years spent studying in the UK You will not be eligible for further immigration permission to study in the UK under Tier 4 if you have spent, or will spend, more than 5 years studying in the UK at degree level or above as a Tier 4 (General) student or as a Student (under the Immigration Rules before 31 March 2009). While you are studying for a PhD, you are exempt from this rule, as are certain other courses including architecture, medicine, and dentistry, veterinary medicine and science. If you take longer than expected to complete your course, for example because you need to retake part of your course or do resits, and to do so would take you over the five year limit, UKBA will only extend your immigration permission if you have very compelling circumstances, such as injury or disability. Queen Mary is prohibited from issuing you with a CAS if you have or, if you will, exceed the 5 year limit. For more information about this limit, please read the Advice Guide referred to above.
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You can get the relevant form at the Registry, room CB05 Queens Building, Mile End campus or the Student Office at the Whitechapel campus, or at http://www.arcs.qmul.ac.uk/registry/maintenance_of_student_records.html See the next section for more information about withdrawing.
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You need to request permission from UKBA to transfer to a different college or university. If you will need more time to complete your course, you should make an immigration application to extend your immigration permission (see below). If your current immigration permission is long enough to complete your new course, you will need to submit a Permission to Change Tier 4 Sponsor (PTS) application to UKBA. You can download the form and guidance from the UKBA website, via the Advice and Counselling Service website: http://www.welfare.qmul.ac.uk/international/immigration/index.html About a week after you have submitted your application, you should receive a letter from UKBA confirming that they have received your application. Once you have your letter confirming that UKBA have received your application, you can start your course at your new college or university. Your new college or university may ask you to provide this letter before you can enrol. UKBA does have the right to refuse permission for you to switch to a new sponsor (for example, if your new college or university is not properly licensed or if your new course is not at the correct level, or if you will exceed the limit on the number of years spent studying in the UK as a student see below). You need to consider this if you are paying tuition fees to begin a new course. If UKBA grants you permission to change to a new college or university, they will send you a letter confirming this. You will need to show this letter to your new college or university. If you applied for your current Tier 4 student immigration permission on or after 5th October 2009 You will need to make a new Tier 4 immigration application if you want to start a course at another college or university. If your new institution is a Highly Trusted Sponsor, you cannot start your new course until you have submitted your application for new Tier 4 immigration permission, but you can start your studies while you wait for your immigration application to be decided. If your new college or university is not a Highly Trusted Sponsor, you cannot start your new course until you have been granted new Tier 4 immigration permission to study at your new college or university, so you may wish to make an in-person appointment at the UKBA so that you can start your new course on time. Rules about progression for Tier 4 (General) Students UKBA requires colleges and universities to check that you progressing academically. This means that it may not be possible for you to undertake a new course at the same or lower level to your current course. Before transferring, you should check that your new college or university will be able to issue you with a CAS for your new course. If you are already at Queen Mary and you are transferring to a different programme of study at Queen Mary You do not need to request permission from UKBA or make a new Tier 4 application before you start your new programme of study. 20 Re-sitting, interrupting or leaving your course A guide for International Students
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If you need more time in the UK, because your new programme of study will finish later You will need to make an immigration application to UKBA for the additional time. If you need to apply for an extension of your immigration permission, see the Advice and Counselling Service guide, Applying for Tier 4 (General) Student immigration permission. You can obtain a copy of this Advice Guide from the Advice and Counselling Service reception or from the Advice and Counselling Service website www.welfare.qmul.ac.uk/international/immigration/index.html Limit on number of years spent studying in the UK Note that you will not be eligible for further immigration permission to study in the UK under Tier 4 if you have spent, or will spend, more than 5 years studying in the UK at degree level and above as a Tier 4 (General) student or as a Student (under the Immigration Rules before 31 March 2009). While you are studying for a PhD, you are exempt from this rule, as are certain other courses including architecture, medicine, and dentistry, veterinary medicine and science. If you take longer than expected to complete your course, for example because you need to retake part of your course or do resits, and to do so would take you over the five year limit, UKBA will only extend your immigration permission if you have very compelling circumstances, such as injury or disability. Queen Mary is prohibited from issuing you with a CAS if you have or, if you will, exceed the 5-year limit. For more information about this limit, please read the Advice Guide referred to above. If your new programme of study will finish earlier than your previous programme of study QM will normally inform the UK Border Agency that you are due to finish your studies earlier than expected. When the UK Border Agency receives this information they may cut short your immigration permission. Even if your immigration permission is not cut short, you should either make an immigration application to stay in the UK for some other reason or return home within four months of the completion date of your new course.
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If you are studying below degree level you may only be allowed to work for 10 hours a week during term time. If
you are only allowed to work for 10 hours a week during term time, this should be detailed on your immigration sticker or card.
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UK Border Agency policy is not clear as to which date you should use to calculate how much immigration permission you have remaining. The earliest date will be the effective date. Calculating how much immigration permission you have left after the effective date will result in the least amount of risk. If you are not sure what date the College reported to the UK Border Agency contact the relevant office: Undergraduate students (except medical and dental students) and all taught postgraduate students Academic Registry: In person: Room CB05, Queens building, Mile End campus By email: stuadmin@qmul.ac.uk By telephone 020 7882 5005 Undergraduate medical and dental students The Student Office: In person: The Student Office, Garrod Building, Whitechapel campus By email: n.khan@qmul.ac.uk By telephone 020 7882 8807. Postgraduate research students Research Degrees Office: In person: Research Degrees Office, E15 Queens Building, Mile End campus By email: researchdegrees@qmul.ac.uk By telephone 020 7882 5864. When the UK Border Agency receives notification that QM is not continuing to sponsor your immigration permission, they may cut short your immigration permission. If your current immigration permission expires in 60 days or less If you have 60 days or less of immigration permission remaining after the effective date, the UK Border Agencys policy states that they will take no action. You are allowed to stay in the UK until your immigration permission expires. If your current immigration permission expires in more than 60 days If you have six months or more of immigration permission remaining after the effective date, the UK Border Agencys policy says that they will curtail (cut short) your immigration permission to 60 days. Notification of curtailment: We are aware that the UK Border Agency is not always successful in notifying students that their immigration permission has been curtailed. If you calculated that you have or had more than 60 days of immigration permission remaining, assume that your immigration permission was or will be cut to 60 days. To avoid accidently staying in the UK illegally, leave the UK within 60 days of the effective date. 24 Re-sitting, interrupting or leaving your course A guide for International Students
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Students who applied for immigration permission using a Visa letter (before 22 February 2010) If you applied for your most recent immigration permission using a Visa Letter instead of a CAS, the College isnt required to report your interruption or that you are re-sitting out of attendance to the UK Border Agency. However, your immigration permission could still be curtailed (cut short) if the UK Border Agency checks with the College and discovers that you are interrupting or re-sitting out of attendance. Our understanding is that it is the UKBAs intention that students with immigration permission that was granted on the basis of a Visa Letter, should behave as if they had immigration permission granted on the basis of a CAS. This means that you should leave the UK within 60 days of your withdrawal or deregistration (if you have more than six months remaining when you withdrew or were de-registered). I have student immigration permission (a visa) that was granted under the old immigration rules (before Tier 4) As you have been granted immigration permission as a student, you should be attending a full time course of studies while you are in the UK. If you are in the UK with immigration permission as a student, you are not studying and the UK Border Agency become aware of this, they may curtail (cut-short) your immigration permission. If you are not attending a full time course, you should make arrangements to leave the UK. Our understanding is that it is the UKBAs intention that students with immigration permission that was granted before the introduction of the Points Based System, should now behave as if they had immigration permission granted on the basis of a CAS. This means that you should leave the UK within 60 days of your withdrawal or deregistration (if you have more than six months remaining when you withdrew or were deregistered).
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Interrupting at any time during semester B: You will be liable for the whole of your tuition fee for this academic year.
You will be liable for the whole tuition fee for the following academic year.
You will be liable for 50% of the tuition fee for the following academic year.
If you have paid fees to the College you will not get a refund if you interrupt (unless there are compelling reasons for your interruption, for example medical, and if you can provide evidence). Instead, any credit balance will be carried over to the following academic year. The College may increase the tuition fee for a course from one academic year to the next, in which case you will need to pay this annual increase in tuition fee when you resume your course.
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Withdrawal
If you withdraw from your course after enrolment you will be liable for your full tuition fee for the academic year unless you have exceptional circumstances (see below). If you have not paid your tuition fee in full the Fees Office may instruct a debt collection agency to recover the remaining fee for the academic year. Exceptional circumstances If you have to withdraw from your course before the start of Semester B due to: serious illness; or the death of a close relative; or the death of your financial sponsor you will only be liable for 50% of your tuition fees. If you have paid your fees in full, you will be entitled to a refund of 50% of your fees if you can show that you have left the UK. If your circumstances dont exactly match those listed above, but you wish to explain your reasons for withdrawal and whether you can be exceptionally considered for a refund, you should discuss your case with the fees office in the Queens Building W117. If you withdraw after the start of semester B, even if you have exceptional circumstances, you will be liable to pay the full tuition fee for the year.
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If your immigration permission is dependant on your studies at QM, you will not receive your refund until you have obtained immigration permission on some other basis, have become exempt from immigration control or have left the UK.
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How to find the Advice and Counselling Service Mile End Campus
Advice and Counselling Service Health Centre Geography Muccis Francis Bancroft Building Queens Building and Octagon G.O. Jones Building Library
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