UK Prospective Student Visa for Chinese girlfriend

Hello again

I know this is not really US related but I got some helpful information here once before from people who seemed to know what they were talking about so was hoping I could call on this community for help once again!

The short version of my question is:
Is it possible to get a Prospective Student Visa within 6 months of expiry of a visitor visa and with a current IELTS score less than 4 in reading?

In more detail:
I have a Chinese girlfriend who has been working as an au-pair in Switzerland for 9 months. Her contract and thus her residency permit expire at the end of February 2013.

In April 2013 she intends to start an English course in the UK which would qualify her for a Tier 4 Full Time Student Visa provided that she can score IELTS level 4 by then*.

She doesn't want to have to return to China between end of Feb and April and it looks like, if she has a provisional offer for the college course, she should qualify for a Prospective Student Visa from which she could then upgrade to Tier 4 once she gets IELTS level 4 in all categories, and fully meets the conditions of her offer.

BUT she has a UK visitor visa which will expire on 18th December 2012. Does anybody know whether this, or IELTS less than 4, is likely to affect her application?

*Currently average 4 but 3.5 in reading. She is studying English intensively while working in Switzerland.

This is where I have looked for information so far:
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/prospective-student/requirements/ [nofollow]

and paragraphs 82-87 of:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3/ [nofollow]

Thanks for taking the time to read my post and for any help you might be able to offer.

Chris

What visa will she be on when she does the English course? 

Tier 4 Full Time Student

Tier 4 Full Time Student

With less than a 4 on IELTS?  Are you sure?  Is it a pre-sessional course?  Does she have a conditional offer from a uni?

No.
The idea is that she gets an offer from the college conditional on her getting IELTS 4. She would need to get this in time to start the course in April. They have said they can do this and I know IELTS 4 is a requirement for the Tier 4 Full Time Student Visa.

What I am trying to find out is whether she can apply for (or hope to be successful in being granted) a Prospective Student Visa before that to allow her to come and check out the college/area etc

My understanding is that for a Tier 4 the minimum requirement is a B2 level, or IELTS 5.5. Where did you hear that the requirement is a 4?  

ETA, ok I see that for a below degree level course, the requirement is a 4 in all areas.  In that case, I don't think she can get the proposed student visa, firstly because she won't be able to show that she can switch to a Tier 4 within six months (she doesn't yet have the English score) and also she doesn't need to have an interview or tour universities or any of the other things that prospective students are expected to do.

That is what the college offering the English course told me.
The lady at the college told me it is a "level 3 course".

You've got me a bit worried so I have just checked UKBA website and, under thge rules for Tier 4 visa it says:

"If you will be taking a course at NQF 3-5/QCF 3-5/SCQF 6-8, and you are not a national of a majority English-speaking country, your education provider must ensure that you have:
<snip first two alternatives - not applicable>
passed an approved English language test that is still within its validity date, and achieved at least CEFR level B1 in all 4 components (reading, writing, speaking and listening) unless exempted from sitting a component by a test provider on the basis of a disability. You can download the list of approved tests from the right side of this page."

I checked the document it refers to and it does state that IELTS 4 is acceptable as CEFR level B1 so this seems to stack up.

Yeah, if she had a 4 in all components, that would be OK for a non-degree course.  But I don't think she can get a prospective student visa for an EFL course, especially when she doesn't meet the requirements for Tier 4.

OK 

Thank you very much for taking the time to look into this and help!

Chris