visa curtailed (was not aware)

[neel1818]

I was student in uk. my visa was till jan 2013 . my college closed in jan 2012. i wrote this two time to UKBA For change in address by post . but did not received any letter till aug 2012.i called on helpline no and they suggested to send fax to ukba with all details.i did so then received one letter 0n 7 nov2012 stating that your leave curtailed and you have to leave country before june2012(this letter send to college on 16april2012 but college did not informed me ). I recived letter after june so I wrote again to ukba about this they ask me proof of posting of previous letter . I provided proof of posting then they ask recorded delivery details stating that letter received by ukba office about my adress change . I don’t have this copy now i am having only proof of posting . I already left uk I am currently in India . i was in relationship with my fiance since i came to uk . I married in uk before coming back to India in nov2012.
(now my husband visa tier1 valid till june 2014 then he will apply for indefinite leave )Can I get visa as his dependent from India despite of above curtailed issue?


i am really stressed with overall process. in past my college keep on promising that they are trying to get tier4 licence back till mar 2012. i informed ukba about well within time jan2012 . i was trying to get admission in other college .now at end we want to change visa category but curtail notice received after curtailed date .
not had enough time to leave country ......left the country now dont know will i be granted visa or not ....? wht i should mention in application form (technically am i overstayed ?)

[vinny]

If you have overstayed by over 90 days, then 320(7B) is applicable, unless (your husband is granted ILR and) you apply as his spouse.

See also 320(11).

[Deviser]

You should have changed your college immediately around Jan 2012, which you did'nt, so its completely your mistake.

Now, forget all email, post, couriers, calls, I did'nt know that, I wasnt aware of, college did not inform me, I did'nt receive this and that..bla bla bla.

Ground reality according to record is, your college closed in Jan-2012. Your visa curtaild in June-2012 and you oversayed till Novemer-2012, which is more than 90 days. So now your all visa application are subject to 320 (7B).

And, as you have actually spend total 11 months in UK without sponsor existance (Jan-2012 to Nov-2012) and did not even try to get regulerize your stay, plus got married when leaving UK, all these acts are enough for UKBA to see you as non-genuine student and to apply 320(11) on your further visa application.

So, according to above analysis and current UK visas situation, its really hard for you to get any UK visa including spouse visa. If your husband gets ILR and you apply for visa as spouse of a settled person (after all hardwork to prove your marriage is genuine), 320 (7B) will not be applicable, but UKBA can still use 320(11) to refuse your application.

[bruteforce]

Deviser

All of what you have stated above could be conveyed in a 1 liner like below:

If you have overstayed by over 90 days, then 320(7B) is applicable, unless (your husband is granted ILR and) you apply as his spouse.

See also 320(11).

[AUHS]

Deviser

All of what you have stated above could be conveyed in a 1 liner like below:

If you have overstayed by over 90 days, then 320(7B) is applicable, unless (your husband is granted ILR and) you apply as his spouse.

See also 320(11).

I think it is better to explain in detail as by Deviser so the OP can understand every thing easily.

[bruteforce]

I think it is better to explain in detail as by Deviser so the OP can understand every thing easily.

The OP has already gone through what ever the Deviser has said. Feel free to read it.

[neel1818]

i applied for dependent visa from india unfortunately rejected under subsisting marriage
we appealed decision , ECM accepted that not stayed deliberately in uk only subsisting marriage evaluated during court hearing procedure on march 2014 .
i am please to inform u that my appeal is allowed within immigration rule . judge added comment that no need to consider article 8 as all evidence is sufficient to fulfill the requirements .
letter is dated 10 march 2014 with determination issue date 18 march 2014 .
i am really upset the way some suggestion and language used to guide me about my situation on forum . At the end honesty pay you what you deserve .
i want to thank some member of this forum those really helpful and encourage the honesty.

please dont be harsh on someone who is in trouble .

Thank you vinny for guidance .

neel.

[neel1818]

If anyone comes across same situation i will suggest that ....be honest and keep on communicating about your concern to UKBA .
In my case UKBA accepted the fact that curtailment was undelivered to me .All my evidence of posting and communication appreciated and consider during overall procedure . In fact during hearing judge accepted that it was burden of documents on me to prove my credibility but infact home office lawyer accepted all evidence .

feel free to read .

thank you.

[neel1818]

You should have changed your college immediately around Jan 2012, which you did'nt, so its completely your mistake.

Now, forget all email, post, couriers, calls, I did'nt know that, I wasnt aware of, college did not inform me, I did'nt receive this and that..bla bla bla.

Ground reality according to record is, your college closed in Jan-2012. Your visa curtaild in June-2012 and you oversayed till Novemer-2012, which is more than 90 days. So now your all visa application are subject to 320 (7B).

And, as you have actually spend total 11 months in UK without sponsor existance (Jan-2012 to Nov-2012) and did not even try to get regulerize your stay, plus got married when leaving UK, all these acts are enough for UKBA to see you as non-genuine student and to apply 320(11) on your further visa application.

So, according to above analysis and current UK visas situation, its really hard for you to get any UK visa including spouse visa. If your husband gets ILR and you apply for visa as spouse of a settled person (after all hardwork to prove your marriage is genuine), 320 (7B) will not be applicable, but UKBA can still use 320(11) to refuse your application.

[neel1818]

Applied Mumbai north: 10 april 2013
Refused: 31 MAY 2013
Appealed: 20 JUNE 2013
Deadline: 05 NOVEMBER FOR COURT DATE
Court date : 10 MARCH 2014.
Determination letter : 18 MARCH 2014.
telephone Call FOR submission of documents : 03 APRIL 2014.
Document Submitted :07/APRIL/2014
Call letter : 22 APRIL 2014.(not necessary because received call on 03 April 2014 )
VISA STAMPED : 01 MAY 2014.
PASSPORT received by reg post : 11 MAY 2014.

Thank you everyone on this forum for support and guidance.
wish u all the best for all applicants .