IA041332013

The appellant entered the United Kingdom on 24 January 2011 as a Tier 4 (General) Student. He had leave until 13 May 2012. He studied at the London School of Finance for an MBA. His course started on 6 January 2011 and was completed on 13 January 2012. He did not, however, receive his award of the MBA until 14 November 2012.

On 4 April 2012 he applied for leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) Migrant. On 22 January 2013 that application was refused.

The appellant sought to appeal against that decision, which appeal came before First-tier Tribunal Judge Boyd on 18 April 2013. The appellant had been refused leave because he had not complied with all the requirements as set out under paragraph 245FD. It is a requirement under that paragraph that the appellant was awarded his eligible qualification no more than twelve months before the date of the application. At the time of the application the appellant had not received his award of the MBA from Wales but at the date of the decision on 22 January 2012 he had.

The First-tier Tribunal Judge considered and applied the case of Khatel and Others (S.85A: effective continuing application) [2013] UKUT 44 (IAC) .

In essence that case held that the application was continuing until the date of decision. Therefore as the award had been made prior to the decision it was sufficient to satisfy the requirements of the Rules. Thus it was that it was deemed by the judge that the appellant had the requisite points and thus the appeal was allowed.