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visa expiration advice

General UK immigration & work permits; don't post job search or family related topics!

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onesilentoversight
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visa expiration advice

Post by onesilentoversight » Sat Dec 10, 2005 3:19 pm

Hello
Long story short. I am currently a student in a UK university and have been for the last few years. However due to my own fault I've forgotten to renew my visa and it has now expired. I've searched the internet and found alot of material on how to renew UK visa but didn't come across anything suggesting what should be done in my case.
Would anyone be able to offer some advice on possible options at this stage?

Thank you in advance for any comment on the matter.

bash_h
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Post by bash_h » Sat Dec 10, 2005 3:31 pm

Maybe take advice from the international students dept at your unversity? In any case, I think you may need to make a trip to the Home Office to renew your visa, but I think you may need a letter/proof from your uni first to say you're still enrolled with them and attending classes etc.

John
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Location: Birmingham, England
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Post by John » Sat Dec 10, 2005 3:36 pm

"onesilentoversight", how long ago did it expire? Are we just talking about a few days? Or a lot longer than that?

Also, when you do apply, you want a new Student visa? Or would you be applying for something else?
John

onesilentoversight
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Post by onesilentoversight » Sat Dec 10, 2005 4:03 pm

Thank you for taking your time to answer me guys :)
bash_h wrote:Maybe take advice from the international students dept at your unversity? In any case, I think you may need to make a trip to the Home Office to renew your visa, but I think you may need a letter/proof from your uni first to say you're still enrolled with them and attending classes etc.

I am going to get in thouch with international office soon as they open up following monday, I am hoping someone is going to be there as uni is on xmass break right now.
John wrote:"onesilentoversight", how long ago did it expire? Are we just talking about a few days? Or a lot longer than that?

Also, when you do apply, you want a new Student visa? Or would you be applying for something else?


It's been alot longer than that now, over a month. I want a new student visa just like the one that has expired, there won't be any change of status.

Smit
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Post by Smit » Sun Dec 11, 2005 9:43 am

You technically became an overstayer as soon as your student visa expired and I doubt whether the Home Office will grant you further leave to remain in the UK as a student as you do not have compelling reasons as to why you let your visa lapse.

The only option I can see is you going back to your home country and applying for a new student visa there but ECO may have doubts about the bona fides of your application as you do not fall under a CLS (category leading to settlement).

I am sorry this is not what you may want to hear.

flyez
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Post by flyez » Sun Dec 11, 2005 12:19 pm

One year ago, one of my friends suddently found out his student visa had been expired for over 6 months as he incorrectly remember the expiry date. He then sent another application through university's international office together with a cover letter from the staff of international office to confirm his student status and explain he's not on purpose to be overstayed....

Luckily He had been granted another 1 year by HO in the final.

Just for reference.

John
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Post by John » Sun Dec 11, 2005 12:39 pm

Flyez, I think that is the correct way to proceed here. The international office at the University will have met this situation before. They will have some experience about what IND tend to do.

The IND manual says that they will accept for consideration any application made to them on the correct form. That in itself does not say what the outcome will be but it does mean that they will consider it.

onesilentoversight, let us know what they say tomorrow.
John

Kayalami
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Post by Kayalami » Sun Dec 11, 2005 10:27 pm

oversight,

Regretable that you let your visa lapse although it is not an unusual occurence for students to let this happen. The HO have discretionary powers to consider an application outside the rules such as yours given it would be out of time.

Your chances of success will increase significantly if you involve your International Students Officer in this to include him/her providing a covering letter with an explanation of the oversight and pointing out your academic success/ progress to date with proof as appropriate. The same will be required for the new course. What are the respective courses (previous and planned) and at what level (undergrad, postgrad)? You must also meet the other rules of the application in particular the funding element. If the ISO is not available due to university closure etc then submit the application on your own - do not let it pass the 2 month overstay mark because IIRC then the application goes to the enforcement (read removals) unit first before they even look at the merits of your case.

I hope you are successful but do appreciate that if the application is refused you have no right of appeal (other than human rights grounds) since the application was out of time.

good luck

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