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Visa curtailment notice - Graduate route

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

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Yatish_Udeep
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Visa curtailment notice - Graduate route

Post by Yatish_Udeep » Mon Jul 01, 2024 4:20 pm

Dear all,

I urgently need advice on applying for the Graduate Route Visa Scheme.

I left the UK for a two-week break after finishing my studies. Last week, my university emailed me, stating they reported me to UKVI because I completed my course earlier than the end date listed on my CAS. The course end date on my CAS was 30 June 2024, but I finished the course on 18 June 2024.

Yesterday, I received a visa curtailment notice from UKVI. Although my visa was originally valid until 30 October 2024, the notice states it will now expire on 28 August 2024.

When I contacted the university's international advice office, they told me I can no longer travel to the UK and therefore can't apply for the Graduate Route visa. What steps can I take to apply for the Graduate Route visa?

Thank you for your help.

zxyzhgp
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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Mon Jul 01, 2024 6:36 pm

one requirement of that visa is you are in the UK
Why left for break? lots of students acutually wait for the result first

lolo2
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Re: Visa curtailment notice - Graduate route

Post by lolo2 » Mon Jul 01, 2024 10:20 pm

Yatish_Udeep wrote:
Mon Jul 01, 2024 4:20 pm
When I contacted the university's international advice office, they told me I can no longer travel to the UK and therefore can't apply for the Graduate Route visa. What steps can I take to apply for the Graduate Route visa?
You're no longer eligible for the Graduate route unfortunately. The application must be submitted in the UK.

The advice from the University is correct, you cannot use a curtailed student visa to travel back to the UK, that visa is no longer valid. The letter from the Home Office should say so.

sah10406
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Re: Visa curtailment notice - Graduate route

Post by sah10406 » Tue Jul 02, 2024 7:38 am

Are those dates definitely correct? Which university is this?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Yatish_Udeep
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Re: Visa curtailment notice - Graduate route

Post by Yatish_Udeep » Wed Jul 03, 2024 7:54 pm

sah10406 wrote:
Tue Jul 02, 2024 7:38 am
Are those dates definitely correct? Which university is this?
Yes, the dates are definitely correct.

I was an undergraduate student at University of Greenwich who began my program in September 2021. My CAS indicated an end date of June 30, 2024. However, I was unaware that I had actually completed my program early, on June 18, until I received an email from the university stating they had reported me to the UKVI. I've learned that many other students are in a similar situation, with some finishing their studies in early June according to the university.

I'm struggling to understand the situation and why the university didn't provide any advance warning. Had I known, I could have either remained in the UK or returned before being reported. Could you please offer some advice on this?

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Wed Jul 03, 2024 8:53 pm

You should have talked to the uni a few weeks before the result came out, saying that you wanted to apply for Graduate visa. There is no responsibility for the uni to provide any advance warning on this (in my uni, this is mentioned in a student guildline only, no extra warning)

I have not seen any of my friend did this and it is straightforward to think that going for break outside the UK after the course is finished is risky

sah10406
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Re: Visa curtailment notice - Graduate route

Post by sah10406 » Wed Jul 03, 2024 9:28 pm

I think you should complain to the university, and make sure they understand the devastating collateral damage to you of their choice to report this matter, as someone who was outside the UK when they were suddenly told their visa was curtailed for "ending early".

Reporting to the Home Office that someone has completed their course early is normal and is required (see below), but usually it is only done when someone finishes significantly early, like a semester or a year early, and usually when it happens through their own choice to withdraw with a lower qualification, complete a PhD way ahead of schedule, etc. That is a totally different matter to your course ending exactly as planned, just that it happens to be a very short time before the end date the university quoted on your original CAS three years ago. As you say, as far as you were concerned you were completing as had always been planned.

There is more. Even when someone is legitimately reported for completing early and has their visa curtailed, they will still have the +4 months wrap-up period. The fact that your visa was curtailed to 60 days, not the normal +4 month wrap up time, suggests to me that you may have been reported wrongly as having withdrawn from the course, not completing early. This would not have helped someone like you who was outside the UK when the curtailment happened anyway, but as I say no report for early completion was even necessary.

The university may well say that there were following the Home Office's rules by reporting students who compete early. However, this is bogus. You can see from the Home Office's own guidance to universities on this matter (below) that there is no such rule, no need to report this matter, nor any realistic cause for concern about their CAS end date -- if that was the university's genuine concern. Of course, the "incorrect" CAS end date is nothing to do with you or any change to your course anyway.

This from the the Sponsor Guidance, document 2 "Sponsorship duties", paragraph 3.12. Note the text in red.

3.12 We recognise that sponsors’ academic schedules can change, and that it may therefore be difficult for you to pinpoint the end date of a course precisely when assigning a CAS. If changes to the academic timetable means that the student’s course finishes one or two weeks earlier or later 13 than the course end date given on the CAS, this will not be considered as non-compliance with sponsorship duties. However, if there is evidence that a sponsor repeatedly gives course end dates that are significantly later than students are expected to complete their studies, that will be considered to be a breach of sponsorship duties. Further, it may be considered best practice to continue to make SMS notifications on change of student circumstances where course end dates have changed within the two week range, as the course end date informs when a Student is permitted to switch into work routes.

https://www.gov.uk/government/publicati ... r-guidance

Note that the last sentence suggests only that "it may be considered good practice" to report all early completions, not that it is a requirement to do so. It seems to me that the university's approach is fully focussed on protecting themselves against an unlikely accusation of using a wrong end date on your CAS, with no sense of proportion or reasonableness.

When choosing to report someone like you as if they have completed early, the university is neglecting the equally and in this situation more important "good practice" of showing a duty of care to students and being mindful of the consequences of their actions. In this case choosing to report you for "completing early", which you didn't even know you were doing, let alone choosing to do, you have been blocked from returning to the UK on your Student visa and from applying for the Graduate visa. These are devastating consequences of a thoughtless university policy -- or worse, someone's personal decision -- and the university needs to know the damage they have caused.

I assume that the international student advisers at Greenwich work in students' interest, not only in the university's interest, so you might want to raise this with them. If you make a formal complaint to the University, I would advise getting support from the Students Union and maybe getting a sense of how many people have been affected. As well as people like yourself who were outside the UK when this decision was made to make the report (hopefully not very many), others may be affected. For example, someone planning to apply for the Graduate visa but whose visa will now expire before they get their results, and so cannot apply.

You have no reason to follow or heed the advice of an anonymous contributor to this forum, and of course my response is based on me taking everything you have said at face value. It seems believable to me, if also shocking. Your university may have a different view of what has happened. Hopefully you can see that I feel strongly about this and that I seem to know what I am talking about! I do work in the higher education sector, and I think bad practice by sponsors should be called out.

I wish you well, and I hope you pursue this matter because you seem to have been done a real disservice. I disagree with the comment that says you took a risk by travelling when your course had already finished. You had no reasonable expectation that your visa would be curtailed, for all the reasons described above, and it is absolutely normal practice for students to travel and re-enter the UK after studies. It is provided for in the Student route caseworker guidance:

Students are able to travel outside of, and re-enter, the UK whilst they hold valid permission as a Student, including in the period after they have completed their course and still hold permission under the route.

https://www.gov.uk/government/publicati ... dent-route > page 89
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Wed Jul 03, 2024 10:30 pm

Thanks Sah for input on this.
I also work at the higher education sector (not immigration office) and I can confirm that at least at my uni and also the uni I stayed before, the staff there always offer very conservative(sth they believe is the safest) advice to students

Yes, OP should indeed pursue this and file a complaint to uni

The "risky" I refer to is about sth like when entering UK border and being questioned by staff there, what is the answer to the purpose of entering the UK if your course already finished. This is what immigration officer at uni often use to explain to students

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Wed Jul 03, 2024 11:16 pm

sah10406 wrote:
Wed Jul 03, 2024 9:28 pm
I think you should complain to the university, and make sure they understand the devastating collateral damage to you of their choice to report this matter, as someone who was outside the UK when they were suddenly told their visa was curtailed for "ending early".

Reporting to the Home Office that someone has completed their course early is normal and is required (see below), but usually it is only done when someone finishes significantly early, like a semester or a year early, and usually when it happens through their own choice to withdraw with a lower qualification, complete a PhD way ahead of schedule, etc. That is a totally different matter to your course ending exactly as planned, just that it happens to be a very short time before the end date the university quoted on your original CAS three years ago. As you say, as far as you were concerned you were completing as had always been planned.

There is more. Even when someone is legitimately reported for completing early and has their visa curtailed, they will still have the +4 months wrap-up period. The fact that your visa was curtailed to 60 days, not the normal +4 month wrap up time, suggests to me that you may have been reported wrongly as having withdrawn from the course, not completing early. This would not have helped someone like you who was outside the UK when the curtailment happened anyway, but as I say no report for early completion was even necessary.

The university may well say that there were following the Home Office's rules by reporting students who compete early. However, this is bogus. You can see from the Home Office's own guidance to universities on this matter (below) that there is no such rule, no need to report this matter, nor any realistic cause for concern about their CAS end date -- if that was the university's genuine concern. Of course, the "incorrect" CAS end date is nothing to do with you or any change to your course anyway.

This from the the Sponsor Guidance, document 2 "Sponsorship duties", paragraph 3.12. Note the text in red.

3.12 We recognise that sponsors’ academic schedules can change, and that it may therefore be difficult for you to pinpoint the end date of a course precisely when assigning a CAS. If changes to the academic timetable means that the student’s course finishes one or two weeks earlier or later 13 than the course end date given on the CAS, this will not be considered as non-compliance with sponsorship duties. However, if there is evidence that a sponsor repeatedly gives course end dates that are significantly later than students are expected to complete their studies, that will be considered to be a breach of sponsorship duties. Further, it may be considered best practice to continue to make SMS notifications on change of student circumstances where course end dates have changed within the two week range, as the course end date informs when a Student is permitted to switch into work routes.

https://www.gov.uk/government/publicati ... r-guidance

Note that the last sentence suggests only that "it may be considered good practice" to report all early completions, not that it is a requirement to do so. It seems to me that the university's approach is fully focussed on protecting themselves against an unlikely accusation of using a wrong end date on your CAS, with no sense of proportion or reasonableness.

When choosing to report someone like you as if they have completed early, the university is neglecting the equally and in this situation more important "good practice" of showing a duty of care to students and being mindful of the consequences of their actions. In this case choosing to report you for "completing early", which you didn't even know you were doing, let alone choosing to do, you have been blocked from returning to the UK on your Student visa and from applying for the Graduate visa. These are devastating consequences of a thoughtless university policy -- or worse, someone's personal decision -- and the university needs to know the damage they have caused.

I assume that the international student advisers at Greenwich work in students' interest, not only in the university's interest, so you might want to raise this with them. If you make a formal complaint to the University, I would advise getting support from the Students Union and maybe getting a sense of how many people have been affected. As well as people like yourself who were outside the UK when this decision was made to make the report (hopefully not very many), others may be affected. For example, someone planning to apply for the Graduate visa but whose visa will now expire before they get their results, and so cannot apply.

You have no reason to follow or heed the advice of an anonymous contributor to this forum, and of course my response is based on me taking everything you have said at face value. It seems believable to me, if also shocking. Your university may have a different view of what has happened. Hopefully you can see that I feel strongly about this and that I seem to know what I am talking about! I do work in the higher education sector, and I think bad practice by sponsors should be called out.

I wish you well, and I hope you pursue this matter because you seem to have been done a real disservice. I disagree with the comment that says you took a risk by travelling when your course had already finished. You had no reasonable expectation that your visa would be curtailed, for all the reasons described above, and it is absolutely normal practice for students to travel and re-enter the UK after studies. It is provided for in the Student route caseworker guidance:

Students are able to travel outside of, and re-enter, the UK whilst they hold valid permission as a Student, including in the period after they have completed their course and still hold permission under the route.

https://www.gov.uk/government/publicati ... dent-route > page 89
You can see this link as example , sah
https://www.internationalstudents.cam.a ... ur-studies

vinny
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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 2:36 am

How is an “early” course completion defined? Has the University failed to provide reasonable care and skill and breached the student’s contract or consumer rights by (mis)reporting to the Home Office nor notifying the student?
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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 4:33 am

Also politely complain to the Home Office that their curtailment may have breached their Cancelling permission: student or child student Guidance.
If you are cancelling a student or child student’s permission because their studies will end earlier than originally expected, you must cancel their permission to the new end date for the studies plus any wrap up period that was originally allowed. For example, if an individual was originally granted permission until the end date of employment plus 14 days, you must cancel permission to expire 14 days after the new end date of employment.

If you are cancelling a student’s permission because they have successfully completed their course early, you should normally cancel permission so that the individual is left with the same wrap-up period of permission after the new course end date as the period they were originally granted based on their original course end date. For example, if a student was originally granted permission with a wrap-up period that would have expired 4 months after the end date of their studies, you should normally cancel their permission such that they have 4 months permission remaining after the new end date of their studies.
Moreover, Cancellation: individual has a period of permission remaining
It follows that if you intend to cancel permission to 60 days you must only do so if an individual will have more than 60 days permission remaining on the date that they will receive the decision.

The same principle applies if you are considering cancelling permission so that an individual has more than 60 days permission remaining. For example, if you are deciding to cancel permission to 90 days an individual must have more than 90 days permission remaining on the date that they will receive the decision.
Tell them that the curtailment prevents you from returning to the UK. Ask them to withdraw this wrongful curtailment so that you may return to the UK?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Thu Jul 04, 2024 6:49 am

University of Greenwich:
Completing your studies early will likely lead to a reduction in the amount of time you will spend in the UK on a Student visa. This is because the university are obligated to report your early completion to UK Visas and Immigration (UKVI). After this, you will receive an earlier visa end date from UKVI. It isn't possible for the university to predict exactly when your visa will be cancelled and what the new expiry date will be. This is only revealed when UKVI take the cancellation action and write to you with these details. UKVI do not share this information with the university.

The Home Office advises if your visa is cancelled following early completion of studies and you travel abroad, or you are already outside the UK at the point of cancellation action, your Student visa will lapse and you will not be able to re-enter the UK on the same visa. See Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000.

https://studentcentre.gre.ac.uk/knowled ... 9555/en-us

University of Bristol
Early completion
When the notification is made to the UKVI regarding your completion of studies, the UKVI should curtail (cancel) your visa 4 months later. Once notification is made we would advise against travelling if you are hoping to return to the UK. This is because once the UKVI take curtailment action you cannot travel back into the UK if you are outside the UK, even if this is within the 4 months remaining on your visa. The UKVI may not take immediate curtailment action following our notification, but it is risky to travel once our notification has been made if you are hoping to return to the UK. You will receive an email from the University confirming when notification has been made so we advise against travelling out of the UK after you have received this.

https://www.bristol.ac.uk/directory/vis ... rse/early/

You can see that this is indeed a rule in lots of uni regarding early completion (whether it is correct or not) The probelm is why UKVI curtailed OP visa immediately, is it due to OP not in the UK?
From some uni, reporting early completion is necessary but would not result in immidiate curtailement. So maybe this is not uni fault?

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Thu Jul 04, 2024 7:16 am

University of Oxford: https://www.ox.ac.uk/students/visa/after/completion

What does curtailment mean? This is when the Home Office shortens your Student or Tier 4 permission to reflect your change of circumstances, including after early completion of your studies. The Home Office will contact you, normally by emailing you a letter, to let you know that they are going to curtail your visa. For courses of 12 months or more, the new shortened end date will normally be four months after the date of your early completion, and the letter gives you 60 days warning. You can continue to use your visa to remain in the UK until the new end date. However, if you leave the UK during the 60 day notice period or are away from the UK when the letter is issued, the cancellation takes effect straight away and you will not be able to return to the UK on your student or Tier 4 visa.

from the univristy of Oxford, the immidiate visa cancellation occurs when the student is not in the UK during the 60 day notice period
So let say, if OP stayed in the UK and his uni reported early completion to UKVI, OP would still have the remaining visa period for Graduate visa and he could use that period for travelling in and out the UK.
The problem is the OP timing of travelling

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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 7:50 am

That doesn’t seem to make sense. Is there a separate 60 days warning period for cancellations?
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sah10406
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Re: Visa curtailment notice - Graduate route

Post by sah10406 » Thu Jul 04, 2024 8:00 am

zxyzhgp wrote:
Thu Jul 04, 2024 7:16 am
So let say, if OP stayed in the UK and his uni reported early completion to UKVI, OP would still have the remaining visa period for Graduate visa and he could use that period for travelling in and out the UK.
The problem is the OP timing of travelling
For accuracy, although it doesn't help OP, the part in red is incorrect. Curtailed leave lapses and cannot be ever used to re-enter the UK.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 8:06 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Thu Jul 04, 2024 8:10 am

sah10406 wrote:
Thu Jul 04, 2024 8:00 am
zxyzhgp wrote:
Thu Jul 04, 2024 7:16 am
So let say, if OP stayed in the UK and his uni reported early completion to UKVI, OP would still have the remaining visa period for Graduate visa and he could use that period for travelling in and out the UK.
The problem is the OP timing of travelling
For accuracy, although it doesn't help OP, the part in red is incorrect. Curtailed leave lapses and cannot be ever used to re-enter the UK.
I were saying if OP was in the UK when the result is out:D

You are able to travel out of and re-enter the UK while you still hold valid Student or Tier 4 visa permission , including in the period after you have completed studies. If you completed your course earlier than expected be mindful of possible curtailment - See 3 above.

On your return to the UK, if you are questioned at Border Control you might need to explain your plans for your remaining time, so that they are satisfied you will either be applying for another appropriate visa or leaving the UK again before your remaining permission expires.

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Re: Visa curtailment notice - Graduate route

Post by sah10406 » Thu Jul 04, 2024 8:14 am

zxyzhgp wrote:
Thu Jul 04, 2024 6:49 am
You can see that this is indeed a rule in lots of uni regarding early completion (whether it is correct or not) The probelm is why UKVI curtailed OP visa immediately, is it due to OP not in the UK?
The 60-day curtailment may be UKVI error but my hunch is that the university did the wrong type of report and so UKVI curtailed to 60 days in good faith.
zxyzhgp wrote:
Thu Jul 04, 2024 6:49 am
From some uni, reporting early completion is necessary but would not result in immidiate curtailement. So maybe this is not uni fault?
Reporting early completion when a student completed their course as planned all along is only "necessary" by the university's own policy and choice to do that. Greenwich decided to report OP for ending early, in a wrong-headed panic about regretting their choice of end date for the CAS. OP had not by any reasonable judgement "ended early" at all

I am not fan of UKVI but this all points to the university being to blame.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Thu Jul 04, 2024 8:26 am

I agree. However, nearly all universities have that early completion section in their website to warn students

Once my uni reported an early completion of my student (finsihed date close to expected end date) and he did not receive the curtailment. He was in the UK when the result was announced

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Re: Visa curtailment notice - Graduate route

Post by sah10406 » Thu Jul 04, 2024 8:41 am

zxyzhgp wrote:
Thu Jul 04, 2024 8:26 am
However, nearly all universities have that early completion section in their website to warn students
As they should. Early completion needs to be reported, and UKVI needs to act accordingly to curtail the leave.

My point and issue here is that the concept of "early completion" is not meant to be a blunt instrument that punishes someone like OP who by any reasonable judgement did not complete early at all. The UKVI guidance for sponsors about this matter that I quoted in an earlier comment above makes that very clear.

Greenwich seems to be using early completion reports not to record changes in a student's course, but to pointlessly tidy up their own extremely minor and irrelevant perceived errors with CAS end dates set years before. Plus, judging by the 60-day curtailment, they are not even making those reports correctly anyway.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 9:22 am

How is a student’s course completion defined? Is it when the student finishes his/her final exam? This may too complex and unfair as each student may take different scheduled exams depending on their chosen modules. Their choices and exam schedules may be unknown to both student and university at the time of the CAS. These deviations may exceed two weeks.
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Re: Visa curtailment notice - Graduate route

Post by lmclean08 » Thu Jul 04, 2024 9:38 am

sah10406 wrote:
Thu Jul 04, 2024 8:41 am
zxyzhgp wrote:
Thu Jul 04, 2024 8:26 am
However, nearly all universities have that early completion section in their website to warn students
As they should. Early completion needs to be reported, and UKVI needs to act accordingly to curtail the leave.

My point and issue here is that the concept of "early completion" is not meant to be a blunt instrument that punishes someone like OP who by any reasonable judgement did not complete early at all. The UKVI guidance for sponsors about this matter that I quoted in an earlier comment above makes that very clear.

Greenwich seems to be using early completion reports not to record changes in a student's course, but to pointlessly tidy up their own extremely minor and irrelevant perceived errors with CAS end dates set years before. Plus, judging by the 60-day curtailment, they are not even making those reports correctly anyway.
The 60-day curtailment is being received by some students reported for early completion this year and it's unclear why this has changed. A few cases have been reported on the UKCISA forums too, despite the correct report reason being chosen.

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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 10:27 am

lmclean08 wrote:
Thu Jul 04, 2024 9:38 am
it's unclear why this has changed.
I have my suspicions.
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Re: Visa curtailment notice - Graduate route

Post by zxyzhgp » Thu Jul 04, 2024 11:02 am

https://warwick.ac.uk/study/internation ... ompletion/

If early completion applies to you and you want to apply to the Graduate Route, then you must ensure that; you are in UK when your degree is conferred, that you apply to the Graduate Work route as soon as you are eligible and that you remain in the UK until your post-study work visa is granted.
This is because your early completion will have be reported to the Home Office who will take action to curtail your Student Visa. If you are outside the UK you will not be able to re-enter the UK using your Student Visa, and being in the UK with a valid Student Visa is a key application requirement of the Graduate Route.

Also the definition of early completion, according to the Warick univserity, is that :
It means that you will be finishing your course more than two weeks before the expected course end date stated on your most recent used CAS (Confirmation of Acceptance for Studies).

I think the university of greenwich is not clear enough on this early completion. I think OP fisnihed his course less than two weeks before the expected course?

vinny
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Re: Visa curtailment notice - Graduate route

Post by vinny » Thu Jul 04, 2024 11:39 am

Yes. But how is completing a course defined?
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