First, check that the start date of your new course of studies (as stated on your CAS) is no more than 28 days after the end of your current visa. If the start date is later, you must leave the UK and apply from your home country.
Next, you must currently have Tier 4 (General) student leave for a course sponsored by one of these types of Tier 4 sponsor (see how your sponsor is described on the Register of Tier 4 sponsors):
- a UK recognised body or a body in receipt of public funding as an HEI (higher education institution) with a track record of compliance; or
- an overseas higher education institution and you have been doing a short-term study abroad programme in the UK; or
- an embedded college offering pathway courses (this does not include pre-sessional courses) with a track record of compliance; or
- an independent school with a track record of compliance; or
- a private provider with a track record of compliance; or
- publicly funded college with a track record of compliance
If your Tier 4 sponsor does not meet one of these definitions you must return to your home country and apply for a new Tier 4 visa from there. If you are unsure, or if your Tier 4 visa has now expired, ask your Tier 4 sponsor for advice.
Alternatively, you must have Tier 2 or Tier 4 (Child) student leave.
Students who have previously been granted Tier 4 (General) student leave must also meet the academic progress requirement, or be exempt from it, in order to apply in the UK. For
information about how the Home Office defines 'academic progress', see the Tier 4 policy guidance.
As long as you apply to extend your Tier 4 leave in the UK prior to the expiry of your current visa, you will be lawfully resident in the UK regardless of the length of time it takes for the Home Office to make a decision on your application.
If you are a Syrian national who is currently in the UK with
any type of immigration permission which is still valid, or which expired no more than 14 days before you apply, you may be able to apply in the UK under a
concession for Syrian nationals. This concession expires on 29 February 2020 but has been renewed every year. However, you still need to meet other Tier 4 requirements.
The Home Office's modernised guidance for staff assessing Tier 4 applications reminds staff that the Immigration Rules do not allow dependants of overseas diplomats to switch into Tier 4. However, it goes on to say that in compelling circumstances, a caseworker can exceptionally allow such an applicant to switch to Tier 4.
The guidance to caseworkers says all such decisions must be referred to a senior executive officer (SEO) senior caseworker, and suggests the following possible compelling factors:
- To where would the applicant have to return to get entry clearance, and how long would it take to obtain?
- Is the dependant mid-way through an academic course?
- Would the return home take place at a particularly disruptive point in the school term?
- Has evidence been provided (for example, from the school or college) which shows that return home would be highly disruptive to the dependant's education?
- Does the dependant have a particular medical condition?
- Is there evidence of particularly high academic ability?
The guidance goes on the say that "[this] list is not exhaustive and [caseworkers] must make [their] decision based on the facts of each case."
