Unusual situation with a previous visa-any thoughts?

[Sorrell]

I had asked a question about whether a girl who had been on a student visa in the UK but had to stop studying after her first year because she became very ill, and who wasn't well enough to leave the country for 2 further years, had possibly overstayed (even though her visa was still good beyond the time that she finally left the country), or somehow had otherwise violated the terms of a student visa by being in the country on a student visa but not actually being a student for 2 whole years, and yet not reporting it to anyone.

She's asked me to take her identifying details down now.

Thank you to all who read this and answered!
Sorrell

[javaid10]

Few things to understand 1st,

Once issued a student visa, person will remain on student visa regardless of you are studying or not but are completely fulfulling the terms & conditions of student visa category visa unless:

a. HO cancells your visa due to any criminal offence (where court involves)
b. You switched the visa category i.e Tier 1 or 2 etc.

According to immigration law overstay means you stay beyond the expiry date of your visa.

According to waht you have explain, In summary your freind was in UK on student visa and due to illness she was unable to complete her studies and left the UK before the expiry date of her student visa, without completing her course in which she was enrolled.

I don't see any reason for visa rejection, Immigration officer may ask the history details for previous visa but cannot reject the visa on those grounds.

Hope this helps.

Javed

[Sorrell]

Thank you for your reply. That would be so great if it's the case!

I really want her to be able to join me in the UK.

Right now she's just so afraid of getting herself in trouble somehow.

I'm surprised, though, that there isn't a penalty about stopping being a student when you are on a student visa, yet staying in the country after that time. Technically the visa might still have time on it before it expires, but surely you have violated the terms of the student visa if you are no longer a student?

[republique]

Thank you for your reply. That would be so great if it's the case!

I really want her to be able to join me in the UK.

Right now she's just so afraid of getting herself in trouble somehow.

I'm surprised, though, that there isn't a penalty about stopping being a student when you are on a student visa, yet staying in the country after that time. Technically the visa might still have time on it before it expires, but surely you have violated the terms of the student visa if you are no longer a student?

It wasn't violated if the intention was to study but fell ill. Full Stop. If you want to look for a problem , then continue to feel guilty and it will come about.

[javaid10]

Thank you for your reply. That would be so great if it's the case!

I really want her to be able to join me in the UK.

Right now she's just so afraid of getting herself in trouble somehow.

I'm surprised, though, that there isn't a penalty about stopping being a student when you are on a student visa, yet staying in the country after that time. Technically the visa might still have time on it before it expires, but surely you have violated the terms of the student visa if you are no longer a student?

Don't want to be rude, but considering your interpretation of law means, your friend should be forced (i.e. deported) back to home immediately as soon as she fell ill regardless of her circumstances without giving medical treatment, because she had to be on medical visa to get treated in UK?

Don’t be pessimistic, Student visa allows you to get fully treated during your illness and it does not violates any immigration rule, if you have any doubt you can always ask Home Office for clarification.

Hops this helps.

Javed

[Sorrell]

Well, this would probably happen in my country, where 30% of people have absolutely no medical insurance and often are treated very harshly by the medical system and the authorities! -->

"Don't want to be rude, but considering your interpretation of law means, your friend should be forced (i.e. deported) back to home immediately as soon as she fell ill regardless of her circumstances without giving medical treatment, because she had to be on medical visa to get treated in UK?"

She's not being pessimistic, she's just trying to be careful and understand the rules very carefully, because if one doesn't in situations where governments have strict rules, one often gets hit with a nasty shock if expecting leniency and compassion. ...I saw a whole family be deported from the UK in front of my eyes from a London police station because they were a week late in registering with the police (as required by their visa), so I know that one needs to dot his i's and cross his t's!

I have tried to find all the rules of student visas on the home office website but I think they have changed some of the policies since her time (hers was given a few years ago), so I'm just making sure.

"Don’t be pessimistic, Student visa allows you to get fully treated during your illness and it does not violates any immigration rule, if you have any doubt you can always ask Home Office for clarification."

Thanks for all replies, and good luck.
Sorrell

[Sorrell]

I have investigated further and I found these 2 threads interesting (with a lot of helpful further links recommended) and they contain a personal story of being refused because the person had stopped attending the academic program she was given the student visa for:

http://www.immigrationboards.com/viewto ... sc&start=0

http://www.immigrationboards.com/viewto ... sc&start=0

if the links don't work and you want to do a search for them, the threads were:

"please help I am lost" from 16 Nov 2007 and
"Spouse visa problems - HO wants course attendance records?" from 23 Feb 2008

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It seems very complicated. I don't think the answer is as easy as some people here seem to think. Especially as my friend had to quit her course entirely and officially (at the advice of the doctor) and then stayed for quite a period of time afterwards.

[javaid10]

The last thing to understand is, if your friend has a genuine case and she is able to present and proof her case need not to worry at all.

Good Luck...!