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Discussion Starter #1
Hello

I am a dual UK/Australian citizen living in UK with my partner (Aus citizen) who is here on a Youth Mobility Scheme visa. She has been accepted into a one-year full-time masters program that fits within her visa, but the university admissions office has told her that she is not eligible to study for a whole year full-time course on this visa. I have two questions.

1. Is the admissions office correct? We've looked at the documentation and websites from the UK visas and immigration office and they all say something along the lines of "YMS temporary migrants may also engage in privately funded studies, voluntary work and au pair placements as and when they wish."

2. If they do not budge and she requires a different visa to study, can she "Apply to remain in the UK with family" without returning to Australia? The rules on the youth mobility visa say you can't change to another 'points based entry permit' while on the YMS visa, but I believe that the family visas are not points based.

thank you
 

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#1 I think her uni is wrong. There is nothing to stop her studying on Tier 5 YMS, provided she can cover her fees and living costs. She can of course work part-time.
Show https://www.gov.uk/government/publi...plications-under-tier-5-youth-mobility-scheme Page 8. She has to pay international student fees.
#2 Yes, unmarried partner visa is possible but you require 2-year continuous cohabitation record with evidence such as joint tenancy plus meet the financial requirement.
 

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Discussion Starter #3
Thank you for your reply.

The university person said that the Home office has told her that "Apparently, you are allowed to study according to [[youth mobility scheme overview page]], but it shouldn’t be a long course and your main purpose of your stay in the UK shouldn’t be study. "

If this is true I haven't seen it written anywhere. Is there somewhere we should call or email to sort through this and who can provide evidence to the university?
 

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Not sure which university your partner got accepted into but here is something I found on King's College London's website which should give you hope. I don't about the line "main intention in the UK is to work".. I'm guessing it's for Tier 2 visa holders and not YMS as YMS says you work or study?

King's College London - Students with other visas

Work categories

If you have obtained any form of work visa (e.g. Post Study Work, Tier 5: Youth Mobility Scheme, Tier 1 (General), Tier 2 or Work Permit, Ancestry visa) then you are allowed to study either full or part time in the UK. However, the immigration rules state that in order to obtain leave in one of these categories you “must intend to work”. Therefore when you applied you did so on the understanding that your main intention in the UK was work.

If you later change your mind and decide to study, there is a danger that the immigration authorities may think that your reasons for being in the UK have changed, and as a result they could even decide to cancel your visa. If you do undertake study while holding a work visa, it is advisable to continue working in the UK, and if you are unsure of your situation, you should seek advice from a Student Adviser before taking any action. It is acceptable to study part time whilst holding a visa in one of these categories. Remember, however, if your visa runs out before the end of your course you cannot obtain an extension as a Student in order to complete your studies, since you must be studying full time in order to be granted a Tier 4 student visa.


If the university won't budge, could you get letter from a solicitor acknowledging that she can study on her YMS visa?
 
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