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Curtailed Student Visa

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Curtailed Student Visa

Post by Djsuccess » Wed Aug 23, 2023 9:50 am

Good morning all,
I was made aware of cases of Student visa curtailment recently affecting many students working for more than 20hrs per week during term-time. In one of the cases, the student had successfully moved to another visa category before the investigation. And the Leave to Remain was curtailed. The one that’s of interest to me if one of the students who has a dependant spouse. Can the spouse switch to a student visa or a sponsored work visa? Or do they both need to leave the UK?
I believe that a 12 month relevant period of time is applicable if they leave the UK voluntarily according to Paragraph 9.8.7[/https://www.gov.uk/guidance/immigration ... or-refusal].
Is this applicable to both the student and the dependant?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

sah10406
Diamond Member
Posts: 3630
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Curtailed Student Visa

Post by sah10406 » Wed Aug 23, 2023 12:07 pm

Can you clarify if this is about correctly or incorrectly curtailed Student leave, and what is your interest?

From your other posts, you appear to be not a Student but an employer? If so, and if it is about an employee's right to work, I would strongly recommend getting proper compliance advice from the normal Employer resources at the Home Office.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Curtailed Student Visa

Post by Djsuccess » Wed Aug 23, 2023 1:11 pm

sah10406 wrote:
Wed Aug 23, 2023 12:07 pm
Can you clarify if this is about correctly or incorrectly curtailed Student leave, and what is your interest?

From your other posts, you appear to be not a Student but an employer? If so, and if it is about an employee's right to work, I would strongly recommend getting proper compliance advice from the normal Employer resources at the Home Office.
Thanks for your response. I am neither a student nor an employer. I know someone that’s a friend to the affected student. I was just trying to get some clarification about the situation. And to answer your question, based on what I was told, it wasn’t a wrong curtailment. The student indeed worked for more than 20 hours per week during term time, either intentionally or out of ignorance, I am not sure. The part that is not clear is how the curtailment affects the dependant who is yet to receive a curtailment letter.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

sah10406
Diamond Member
Posts: 3630
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Curtailed Student Visa

Post by sah10406 » Wed Aug 23, 2023 1:50 pm

Djsuccess wrote:
Wed Aug 23, 2023 1:11 pm
I know someone that’s a friend to the affected student. I was just trying to get some clarification about the situation.
Given all the variables, and both our distance from the person in question, the best thing is for the student to get one-to-one advice on their current situation and options. They can start with the international student adviser at the university that sponsored the visa, or seek immigration legal advice.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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