Tier 4 visa extension problem

[Hanafarina]

Hi, i'm a full time student studying a bachelor's degree. I applied for my visa in september 2009. As of june 2013, i am on a gap year. I travelled to the uk on august 2013 to resit my exams and left in november 2013. I flew back in in february 2014 thinking that i could stay on until june to resume my course. In the middle of march i attended a meeting with my immigration adviser at my uni and i was told to leave the country as i shouldn't be in the uk because i have no academic obligations. She however, did say i can either apply for a new tier 4 visa extension in my home country or come back to the uk and apply. So i flew back at the end or march and applied for a new tier 4 visa in may. Unfortunately, my visa application has been delayed and i don't know why. I have a feeling my double entries to the uk in august and february may have something to do with it.

I have a few concerns:
1) according to ukvi, if a student is on a gap year, the visa will be curtailed. However mine wasn't. I asked my uni, and they said that because i applied for my visa in 2009 using a visa letter and not cas, they were not obliged to report. I asked ukcisa and they said the same thing. I just want to clarify this information. Is this true? Does anyone have any thoughts?

2)when i travelled to the uk in august and february, did i travel illegally? My uni didn't say anything about any curtailment so i assumed my visa was still valid.

3) does anybody know why students who applied for a tier 4 visa using a visa letter are not obliged to be reported to ukvi? This is the part that i find most confusing. If this is really the case, then my visa is really valid and i didn't breach any laws here. If my visa is supposed to be curtailed, but it didn't, then my university have somehow overlooked this situation and i have been travelling and staying in the uk illegally?

Please help. I can't shake the feeling that my uni is sweeping under the rug here and i'm paying for it! Many thanks

[Olasunkanmi]

@ Hanafarina, its very unlikely that your visa was revoked because you would have been stopped at the airport if that was the case.
You should get your visa issued if there is no other adverse immigration history.

If I may ask, during your gap year how long in total did you spend within UK without studying?

[Hanafarina]

Hi. Thank you for your quick reply. In august, i arrived in the uk on the 31st and left on the 30th of november. And for the 2nd visit, i arrived on the 3rd february and left on the 31st of march.

Do you have any ideas on my query no1? Many thanks for your reply.

[shaq1]

Regarding your query 1 you already got the answer from UKCISA and your Uni.

[Olasunkanmi]

Hi. Thank you for your quick reply. In august, i arrived in the uk on the 31st and left on the 30th of november. And for the 2nd visit, i arrived on the 3rd february and left on the 31st of march.

Do you have any ideas on my query no1? Many thanks for your reply.

The answer to query 1 is that your visa wasn't curtailed, so HO might not have any problem with you.

All you should worry about now is why you spent 5months in UK during your gap year without studying. You should get your answer ready if they decide to query you.

[Hanafarina]

Hi just wanted to give an update. My visa is being despatched now as we speak. And if anyone is in the same precdicament as i was, i just want to say if you are on a gap year and your visa was not curtailed and you stayed in the UK, YOU MAY BE QUESTIONED BY THE UKBA ESPECIALLY AT THE BORDER. So be on the safe side, if you are not obliged to stay, LEAVE! In my case, all the worries are gone cause ,my visa is on its way!