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It's a stressful and uncertain time for some overseas students hoping to enrol in UK universities. At Latitude Law, we have seen a significant increase in enquiries from students whose visa applications have been outstanding beyond the Home Office's three-week service standard for out of country student applications.
These delays are causing significant anxiety for students who have worked hard to secure a place at a UK university and are now left waiting, unsure if they'll be able to begin their studies on time, or at all.
The challenges caused by visa processing delays
When universities issue a Confirmation of Acceptance for Studies (CAS), they must include a latest permitted start date for the course. Unfortunately, as the Home Office continues to experience processing delays, these dates are frequently being exceeded. In our recent cases, we have seen the Home Office has often taken a lenient approach, continuing to grant visas even when the latest permitted start date has already passed. However, this leniency doesn't necessarily resolve the problem; in many cases, it harms the student further.
Even when the visa is granted, universities are not obliged to admit a student who has missed the latest start date. If the university refuses to enrol the student, it is then required to report the non-enrolment to the Home Office, which in turn leads to the visa being curtailed.
The student must then obtain a new CAS and make a fresh visa application for the next university intake, often months later. Not only does this result in academic disruption, but the same application fees and immigration health charge payments, amounting to thousands of pounds, must be paid again. Worse still, because their visa was granted and curtailed (rather than refused), these students cannot claim a refund of their immigration health surcharge, a significant sum of money. If the Home Office had refused the visa, at least that portion of the cost could have been recovered.
What can be done?
There are several routes to try to expedite a delayed decision from the Home Office:
- Communicating with the university to defer admission.
- Submitting a formal complaint – to Home Office or university.
- Making an online paid enquiry.
- Sending a Pre-Action Protocol (PAP) letter, signalling intent to challenge the delay legally via Judicial Review.
- Involving an MP.
However, these approaches do not guarantee faster decisions. The Home Office frequently relies on the justification that it is experiencing "exceptionally high demand," which limits what can be done.
As for universities, our experience tells us they are often unaware of the financial consequences for students if they refuse late enrolment. Their position tends to focus solely on academic considerations rather than visa implications. We've found that universities can be more flexible when the wider impact is explained to them. Where they remain unwilling to reconsider, it's worth noting that universities, although private institutions, operate as quasi-public bodies. This means their decisions can, in some circumstances, be challenged through Judicial Review, a process where the courts assess whether a public body's decision is lawful.
What should you do?
If you are facing delays in your student visa application or your university is refusing to admit you because of a missed start date, contact Latitude Law today. Call us on 0300 131 6767, or use our online enquiry form to request a free consultation to discuss your immigration matter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
