In order to show only two months’ worth of ‘Maintenance’ under Appendix C, rather than being required to show nine months’ worth, a student must have been studying on a course within the last four months, and that course must itself have lasted for more than six months. The course may still be continuing, but if it came to an end within the last four months, and the student is embarking on another course (or repeating the same course), it matters not whether he was successful on the previous course. Appendix C requires the course to have been ‘completed’ no more than four months before, but that should not be taken to mean ‘successfully completed’. The notion of ‘established presence’ for Maintenance purposes requires presence as a student, not success as a student.
Citations:
[2010] UKUT 443 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 November 2022; Ref: scu.444063