Pregnant need help please

[tanya27]

Well. Within this 28 days, I should be eligible to apply for FLR(O), right?

[CR001]

Well. Within this 28 days, I should be eligible to apply for FLR(O), right?

On what basis do you think you qualify for FLR(O)?

[tanya27]

See, I have paid my univ fee in full. I have some more papers to finish as well as my dissertation. Based on these reasons, I mean, to finish my course for which I have paid full fee, I can apply for FLR(O), right? Due to genuine medical reasons I couldn't appear for my exams. Now when I'm ready after my delivery, HO should provide FLR to finish my course. Does it makes a base for my application?

[Casa]

Not if your University have withdrawn their sponsorship and as you previously posted 'don't want to know and have washed their hands of your situation'.

[Wanderer]

See, I have paid my univ fee in full. I have some more papers to finish as well as my dissertation. Based on these reasons, I mean, to finish my course for which I have paid full fee, I can apply for FLR(O), right? Due to genuine medical reasons I couldn't appear for my exams. Now when I'm ready after my delivery, HO should provide FLR to finish my course. Does it makes a base for my application?

FFS.........

[tanya27]

Right. But the univ has collected full fee. So it is my right to get my degree. The HO should instruct my univ to allow me to continue my course and finish it, right? For instance, if I had met with an accident, I should be given time to finish my degree. Likewise, I have a medical reason too. And I'm asking for an extension to finish my studies. How can my univ turn my request down? Shouldn't I be given FLR(O)?

[tanya27]

Can you please mind your language, Wanderer? Don't know if you are a man or woman, but sure you behave like a heartless one. This is a forum and I'm discussing my life, for you, it is simply an annoyance, but for me, it is the biggest hurdle in our lives. Will you be able to say this on my face if you see me, Wanderer? It shows your cowardice on saying this in a blog. I respect others comments but not yours for sure. If anyone could answer me patiently, please do. Or if annoyed, please move on to other blogs. And I will not give up till I get a firm solution. It's MY life. Thanks.

[Casa]

If you suspend your studies for personal or academic reasons (e.g. illness, pregnancy, maternity or paternity leave, financial reasons) then the UK Border Agency (UKBA) would usually expect you to return to your home country unless you are not medically able to do so. In the case of pregnancy, you may not be able to return home if you are in the late stages of pregnancy.

Are you able to return home?

This was posted for you way back in July of last year at the beginning of your thread, when I assume you would be have been able to travel.

[Wanderer]

Right. But the univ has collected full fee. So it is my right to get my degree. The HO should instruct my univ to allow me to continue my course and finish it, right? For instance, if I had met with an accident, I should be given time to finish my degree. Likewise, I have a medical reason too. And I'm asking for an extension to finish my studies. How can my univ turn my request down? Shouldn't I be given FLR(O)?

That's not how it works here on planet Earth, I'm afraid.

[CR001]

+1 on what Casa and Wanderer say.

Does it makes a base for my application?

No.

I have a medical reason too.

Your 'genuine medical reason' is of your own choice. A normal pregancy and birth is nothing special in terms of medical reason, it is not an illness.

But the univ has collected full fee. So it is my right to get my degree

Only if you stick to the terms of your visa. You didn't, so you lose out on your fee and your degree.

I should be given time to finish my degree

You had a chance, you messed it up and didn't follow the advice you were given.

HO should provide FLR to finish my course

HO have already told you want you to do in your curtailment letter - Leave the UK. It is not the university or HO's fault that you find yourself in this situation. You should have planned things better.

And I'm asking for an extension to finish my studies.

No you are not. You want to find a way to stay in the UK because you like it here, you have made this point very clear.

How can my univ turn my request down?

The rules are clear, the uni applied the rules.

Shouldn't I be given FLR(O)?

No.

[tanya27]

Many thanks CR001 for your replies. I wish Wanderer be born a woman in an under-developed ill-facilitated country in planet Earth next birth and fight with life to move somewhere.

Then you mean I have to leave UK without degree during 28-day period? What if I appeal against HO's decision? UK is democratic country, right?

[noajthan]

Right. But the univ has collected full fee. So it is my right to get my degree. The HO should instruct my univ to allow me to continue my course and finish it, right? For instance, if I had met with an accident, I should be given time to finish my degree. Likewise, I have a medical reason too. And I'm asking for an extension to finish my studies. How can my univ turn my request down? Shouldn't I be given FLR(O)?

The university will only support students who are in UK on a valid basis.
Nowadays they are financially liable to the authorities for any/all immigration breaches (which probably explains the cold shoulder).

To have any hope of returning to your university you need to be working with the international student support office (or similar officials) so they know your status (& agree to support it) every step of the way.

For example, you would probably have to negotiate a leave of absence from current academic year & also negotiate a timeline for any return (ie in which academic year).
There may be rules on completing a degree in a certain time - suggest you check on that too.

You will not simply be able to drop by on exam day & expect to be admitted.

Any overstay or breach of UK immigration regulations now will, of course, make any future visa application, e.g. for study, for ongoing/indefinite leave to remain (&, in the long run, any ambitions of citizenship) much harder to achieve.

[Casa]

Many thanks CR001 for your replies. I wish Wanderer be born a woman in an under-developed ill-facilitated country in planet Earth next birth and fight with life to move somewhere.

Then you mean I have to leave UK without degree during 28-day period? What if I appeal against HO's decision? UK is democratic country, right?

Yes, Britain is a democratic country, which means that the laws are passed by a elected representatives of the Government. Democracy doesn't mean that individuals can choose whether they follow the laws or not and this includes the Immigration rules set by Parliament.

[tanya27]

Then you mean I have to leave UK without degree during 28-day period? What if I appeal against HO's decision?

[noajthan]

Then you mean I have to leave UK without degree during 28-day period? What if I appeal against HO's decision?

As can be seen from the below, you need to have been proactively managing your relationship with the university.

You may or may not have appeal rights depending on your timeline.

Your sponsor's duties to the Home Office

...

If your institution does not inform the Home Office of something that it should, it could lose its license to recruit and sponsor students under Tier 4.

If your institution submits a report to the Home Office about you, then you need to be aware of what can happen next. We have listed some examples of what your institution may need to report below.

Non-enrolment or late enrolment

Your college or university must report to the Home Office if you do not enrol as expected. Therefore, if you know you will need to enrol late, it is very important to check with your sponsor whether this is acceptable, and to check what will be your final deadline for enrolling. If you miss the final deadline for enrolling then your immigration permission will be curtailed (see below).

Attendance and submitting work on time

Your college or university is required by the Home Office to identify when students they are sponsoring under Tier 4 have stopped studying. Therefore, your sponsor will monitor your attendance and participation on your course. They will explain to you what attendance and participation is required, and how this is recorded. If you miss a certain number of these expected contacts or attendances, which results in you being withdrawn from your course, then your sponsor is required to report this to the Home Office. 'Expected contacts' will vary between institutions and different types of courses within an institution, but may include:

...

Therefore, if you know you will miss a required attendance or deadline, for example, because you are ill, contact your tutor or department straightaway to inform them. Ask whether they need to see some evidence, such as a letter from a doctor. If there are any other reasons why you cannot attend your course for a short time, (for example, a family bereavement, or religious festival), speak to your tutor or department as soon as you are aware of this.

..

Deferring, postponing or taking a break from your studies

If you become ill during your studies, or are unable to attend or complete work due to other personal circumstances, then it might be agreed that you can miss a required class or assignment and then continue on your course.

However, if your planned break means that you cannot complete your course as planned within your current Tier 4 leave, then you may need to defer your studies. It is really important that you establish how much of your course you can miss as soon as possible, so you know whether you must defer your studies. If the length of your absence is unclear at first, maintain regular contact with your tutor, supervisor, student adviser or other appropriate staff member during your absence, so that you and your institution can make a decision about whether you will need to defer your studies.

When a sponsor decides to defer a Tier 4 student's course, they are obliged to notify the Home Office of this. The Home Office's policy is then to write to the student and curtail their leave, because for the time being, the Tier 4 sponsor has withdrawn their sponsorship. The curtailment will shorten the student's leave to 60 days. You should always assume that your leave will be curtailed if you defer your studies, unless you have less than 60 days left on your current leave. (See below for more information about curtailment of leave.)

While the Home Office may take some time to issue a curtailment letter, and the resulting curtailment date will be 60 days later, it is usually a good idea to leave the UK during a deferral of studies. This is because your type of leave should reflect your reason for being in the UK.

In some situations, it may not be physically possible for a student to leave the UK, even though their Tier 4 leave will be curtailed. For example, the student may be too ill to travel. If this happens, you should seek specialised immigration advice as soon as possible; the student adviser at your institution may be able to refer you to an immigration solicitor.

After your date for resuming your studies is confirmed, your Tier 4 sponsor will issue a Confirmation of Acceptance for Studies (CAS) with your new end date. You will need to make a new Tier 4 application using this new CAS. We advise you to seek advice from your institution about this. When and how you apply will depend on a number of factors including the length of your deferral, whether you are in the UK or outside the UK, whether your previous Tier 4 leave has already been curtailed, and if it has, when the curtailment takes effect.

...

Switching to a different immigration category

Sometimes a Tier 4 visa holder will switch to a different immigration status part-way through their studies. If this happens, you need to tell your Tier 4 sponsor, because they will need to inform the Home Office that they are no longer sponsoring you under Tier 4. Your institution will also need to advise whether you are entitled to study with your new immigration permission and may need evidence of it for their records. If you have been granted immigration permission for a limited period then your institution will need to be aware of this and you must update them if you make any applications to extend your immigration permission.
Breaking your immigration conditions

If your sponsor has any suspicions that you are breaking the conditions of your permission to stay, for example, by working more hours than you are allowed to, then they are obliged to inform the Home Office. This could result in your current immigration permission being curtailed or future applications being refused. See Tier 4 conditions for more information about your immigration conditions.

Curtailment (cancellation) of your Tier 4 visa

If your sponsor reports to the Home Office that you have not enrolled as expected, and you are already in the UK but you have not applied to switch to a different Tier 4 sponsor, the Home Office will write to you and curtail (cancel) your Tier 4 leave with immediate effect. If this happens to you, your options will depend upon when you applied for the Tier 4 leave that has been curtailed:

If you applied for your Tier 4 leave before 20 October 2014, the Home Office will give you 10 days to appeal the curtailment. If you do not appeal, we advise you arrange to leave the UK as soon as possible.

If you applied for your Tier 4 leave on or after 20 October 2014, you will not have the right to appeal or submit a request for an administrative review. Your only method for challenging the curtailment will be via a Judicial Review, you should seek advice from a solicitor who specialises in immigration law if you wish to pursue this option.

The Home Office may also curtail your Tier 4 leave if your sponsor reports any of the following to the Home Office:

that you have been withdrawn from the course due to missing expected contacts,
that you are deferring, postponing or taking a break from your studies for more than two months,
that you are leaving your course and the UK, or are changing institution,
that you are suspected of breaking the conditions of your immigration permission.

If any of the above apply, your immigration permission may be cancelled, but not with immediate effect. If you have more than 60 days immigration permission left then this will be reduced to 60 days. If you have less than 60 days immigration permission then it is likely that the length of your leave will be left as it is.

...

You will not have a right of appeal or the opportunity to submit a request for administrative review if a decision to curtail your immigration permission is made but you are still left with a period of leave. You must either leave the UK within this period before your leave expires, or make an application to remain in the UK on another basis.

Good communication with your personal tutor, supervisor or academic department is essential throughout your course, and we also recommend that you access your institution or student union advice service as required. That way you will be fully aware if any changes to your circumstances mean that a report to the Home Office is required, and what the consequences will be for you. It is also necessary for your institution to be aware of all your relevant circumstances in order to decide on the correct course of action.

Ref: http://www.ukcisa.org.uk/International- ... ier-4-visa

[avjones]

Right. But the univ has collected full fee. So it is my right to get my degree. The HO should instruct my univ to allow me to continue my course and finish it, right? For instance, if I had met with an accident, I should be given time to finish my degree. Likewise, I have a medical reason too. And I'm asking for an extension to finish my studies. How can my univ turn my request down? Shouldn't I be given FLR(O)?

I'm sorry, but that has no basis in immigration law. I am 98% sure your case will be refused and certified as "manifestly unfounded". if you make any application after your existing leave expires, you don't usually get a right of appeal. Although if you make an application within 28 days that is then allowed, that period of less than 28 days before the application isn't held against you.

You don't have any legal right to a degree.

[avjones]

Many thanks CR001 for your replies. I wish Wanderer be born a woman in an under-developed ill-facilitated country in planet Earth next birth and fight with life to move somewhere.

Then you mean I have to leave UK without degree during 28-day period? What if I appeal against HO's decision? UK is democratic country, right?

No, you have to leave the UK before the expiry of your visa. The 28 period is one that the Home Office won't hold against you, it's not an extra period of leave.

There is no appealable decision here. Your visa was only valid for another month, so you can't appeal against anything.

[avjones]

I know no-one's telling you what you want to hear. And if people are sounding a bit impatient, that's not because they don't like you or don't have sympathy for your feelings.

The trouble is, what you want is just miles outside any possible lawful immigration route. And it is a bit concerning and irritating when you do give a genuine, helpful opinion which is completely ignored and then you've got yourself into a position where you are unlikely to be able to leave in time and likely to incur a substantial NHS debt.

[tanya27]

Thanks for your kind reply Amanda. Everyone has given me valuable advice regarding my stay. I was trying to find a way to extend my stay which appears quite impossible now. And now my degree has become a question. Only solace is my baby which we expect very sooner. As a final option, we will be seeing a solicitor as we will have to leave a little later, after 31 Jan. Anyway we are having very tough days ahead. With all your comments we will proceed with what we have in hand. Meanwhile, I request everyone to keep posting your advice. I'm a strong person myself, and I do have a ray of hope that something may come up to save us. Will keep this blog updated regarding my situation. Never never never give up (Thanks Sir Churchill)!!

[secret.simon]

Firstly, it is Sir Winston, not Sir Churchill.

Secondly, you have mentioned studying for a degree, which would have required analytical and dispassionate reasoning. So, let us review the discussion on this thread and see where it leads us dispassionately, leaving aside the emotion that you feel towards your child's future wellbeing.

The UK is indeed a democratic country. The people of the UK have democratically decided to try to reduce the amount of immigration to the UK. The Rules approved by the democratically elected House of Commons have tightened the rules for students such that you have no legal basis to stay in the UK once your visa expires.

I am led to believe that Yarl's Wood Detention Centre for women or families with children is not terribly pleasant. It would be an awful start for your child's life to be in a legal limbo and an unpleasant environment.

I suggest that you pack your bags and keep them ready so that you can fly out as soon as you are medically fit. Many women these days resume work within a week or two of birth (Marissa Mayer comes to mind), so I can imagine that they are fit to fly too.

Any for your future children, you may wish to look at either the US or Canada, which still practice unconditional jus soli, so any child born there automatically gets citizenship irrespective of the citizenship of the parent.

[tanya27]

Simon, I don't find any big mistake in saying Sir Churchill and this usage is acceptable. I understand the serious problems awaiting. And you have advised moving other countries, but we only know where we can survive and how hard we made our money to get into Britain. We don't have plan B, let's see how it goes. We are awaiting solicitor's comments.

[Casa]

Simon, I don't find any big mistake in saying Sir Churchill and this usage is acceptable. I understand the serious problems awaiting. And you have advised moving other countries, but we only know where we can survive and how hard we made our money to get into Britain. We don't have plan B, let's see how it goes. We are awaiting solicitor's comments.

I hope for your sake that the solicitor doesn't charge you a substantial fee with no chance of success.

[tanya27]

You're right. We will analyse chances of success. We have noted all comments from this forum, and we will thoroughly make sure if our case will have a chance. Your advice has helped us a lot in understanding our situation.

[Fahad460]

Hi, I've come from India with my husband. I got enrolled in an university and my visa expires on February 2016. Now I'm pregnant and due date is 30 January 2016. Please advise if I will be allowed to extend my visa after my delivery, at least for 6 months. We're planning to settle down as well after some time. Will we be allowed to make an application based on the birth of our baby in UK? Will our baby be benefited in any way for being born in UK? Please advise. Many thanks. - Tanya

You should extend your student visa. I think this would be the easiest solution.

[CR001]

Hi, I've come from India with my husband. I got enrolled in an university and my visa expires on February 2016. Now I'm pregnant and due date is 30 January 2016. Please advise if I will be allowed to extend my visa after my delivery, at least for 6 months. We're planning to settle down as well after some time. Will we be allowed to make an application based on the birth of our baby in UK? Will our baby be benefited in any way for being born in UK? Please advise. Many thanks. - Tanya

You should extend your student visa. I think this would be the easiest solution.

You should read the whole thread before offering advice. The poster cannot extend as their student visa has been curtailed/cancelled and poster is due to give birth in 2 weeks and she won't get a CaS.