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Withdraw application / wait for refusal and reapply

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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rajupat
Newly Registered
Posts: 4
Joined: Wed Jun 29, 2011 12:00 pm

Withdraw application / wait for refusal and reapply

Post by rajupat » Wed Dec 05, 2012 8:45 pm

Hello Everyone
I am really confused in regards to my tier 4 application and have come here with high hopes.
I was on a Tier 4 visa and had recently applied to extend it from the same college that I am studying at. The application was made in time while my current leave was still valid (for about two months). Unfortunately, my college’s licence got revoked while my application was still in process at UKBA. Later, I received a letter from UKBA giving me a 60 day period to either find a new sponsor and vary my current application or withdraw my application or else my application will be refused. The 60 day period passed and I was not able to find a new sponsor within that time and did not withdraw my application as well. So according to that, I am sure my application is going to be refused but UKBA has not given their decision yet and my current leave to remain has also ended while I am waiting for their response.
However, at present I have found a new college willing to sponsor me so just wanted to find out if I withdraw my current application now, before UKBA refuses it or If UKBA refuses my application before I withdraw it, will it be possible to submit a new application with my new college in both the cases? And also, since my current leave has already run out, will I be given some time by UKBA to do so to avoid being an overstayer?
Would really appreciate any advice I could get.
Thanks
[/quote]

helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 12:13 pm

Re: Withdraw application / wait for refusal and reapply

Post by helpingperson » Thu Dec 06, 2012 5:47 pm

rajupat wrote:Hello Everyone
I am really confused in regards to my tier 4 application and have come here with high hopes.
I was on a Tier 4 visa and had recently applied to extend it from the same college that I am studying at. The application was made in time while my current leave was still valid (for about two months). Unfortunately, my college’s licence got revoked while my application was still in process at UKBA. Later, I received a letter from UKBA giving me a 60 day period to either find a new sponsor and vary my current application or withdraw my application or else my application will be refused. The 60 day period passed and I was not able to find a new sponsor within that time and did not withdraw my application as well. So according to that, I am sure my application is going to be refused but UKBA has not given their decision yet and my current leave to remain has also ended while I am waiting for their response.
However, at present I have found a new college willing to sponsor me so just wanted to find out if I withdraw my current application now, before UKBA refuses it or If UKBA refuses my application before I withdraw it, will it be possible to submit a new application with my new college in both the cases? And also, since my current leave has already run out, will I be given some time by UKBA to do so to avoid being an overstayer?
Would really appreciate any advice I could get.
Thanks
[/quote]



Firstly there is nothing you need to worry about and you are not over stayer.

You can do 2 things.
1. If you can get CAS letter from college before current application refusal, then get the CAS letter and send it to UKBA with a covering letter stating any reason you could not submit CAS within time. You most likely will get a positive decision if not you will get appeal right and you will get visa from Tribunal.

2. If you can not get CAS letter before refusal of current application, then once you get refusal. Submit a new application meeting all requirements and you will get visa. You always have 28 to make new application whenever UKBA refuses your application. You will not be over stayer as long as you make new application within 28 days of refusal.

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