Tier 4 visa curtailed I need help plz

[Kellycally111]

Hello everyone I have being reading people situation for a while and I find this page very helpful.

I came into the UK 2013 on a tier 4 visa to study evening was fine until 2016 I decided to get a visa extension to finish my studies then I got told by my university my visa has been curtailed in January 2015 which I was totally unaware of. I did my visa check with my university every 3 months and they never told me anything about any curtailment issued and I got nothing from the home office. I got a solicitor which threaten to take the university to court about not telling me about my visa curtailment.


The university agreed they made a mistake and this is their fault for not telling me my visa was curtailed I was issued a new CAS letter and a supporting letter from the university saying they made the mistake about the curtailment. Meanwhile I have overstayed my visa without knowing from 2015 when my visa was curtailed and in 2016 June I applied a new application as I'm currently still studying in the same university but I have waited 1 year to get a decision from HO and I can't work, travel or do anything currently except to study. Me and my partner British partner who have been together for 2 years are planning on getting married this year and I'm really close with the family and they all support me and we have a lot of proof to give that our marriage is 100% genuine. But my question are.


1. How can we get married without my passport?

2. Why is the visa taking forever to come out every time I called they say is still being considered.

3. Will the home office think I'm just getting married because I want to stay in the country? Because if my school never made this mistake I won't be in this predicament in the first place and I could get married when I wanted.

Thanks
Kelly

[sah10406]

Meanwhile I have overstayed my visa without knowing from 2015 when my visa was curtailed and in 2016 June I applied a new application as I'm currently still studying in the same university but I have waited 1 year to get a decision from HO and I can't work, travel or do anything currently except to study.

How are you able to study as an overstayer? I am very surprised your university is allowing that.

1. How can we get married without my passport?

You can't, but you can request your passport returned temporarily. See https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

2. Why is the visa taking forever to come out every time I called they say is still being considered.

I don't know, maybe it is linked to your nationality. They probably assume you are not studying, because you do not have the right to do so, and your university is taking a big risk by allowing you to study.

3. Will the home office think I'm just getting married because I want to stay in the country? Because if my school never made this mistake I won't be in this predicament in the first place and I could get married when I wanted.

Getting married will not allow you to just stay in the country. It will mean you can return to your home country and apply for a spouse visa without your overstay affecting the application. However, if you have been living with your partner for 2 years you may already be eligible to do that anyway.[/quote]

[Casa]

You are only able to register your intent to marry with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28-70 days in order to interview you both separately if they choose to do so.

[Kellycally111]

Thanks for all your help.


I am allowed to study because I had no idea my visa was curtailed and my university failed to tell me so initially I had no idea and I have continue studying after a year my visa was curtailed. The university only found out when I decided to extend my visa if I never asked the process of extending d my visa I won't even know I will still think I'm still in the country legal imagine I went home for vacation I doubt I would have be allowed back in the country. I can't just tell me to go home when I haven't finished my studies I came here to get my degree. I am currently in 3rd year now. So I have to finish my studies I did my part is just the university that just ruined my immigration history which i have to fight for my right while I can.

Meanwhile i requested for my passport but the refuse to return it but me and solicitor are have a meeting on Tuesday so hopefully he can come with a way I can get my passport back cause immigration office detained me before but after I explained my situation they confirmed with my school and my school said everything I said is true, so the immigration office said I should make an application as soon as I can which I did.

[keysersoze22]

Should ask your University what they reported against your CAS. Ultimately if you have been studying since 2015 and they have let you after withdrawing sponsorship, I could see why you would press a legal case.