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Tier 4 curtailment

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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drmuqtadeer
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Posts: 11
Joined: Sat Dec 07, 2013 1:12 am

Tier 4 curtailment

Post by drmuqtadeer » Sat Dec 07, 2013 12:49 pm

I am a phd 1st year student, i took an authorised break from my university for 1 month and was supposed to rejoin back on 5th october but due to some reasons was not able to do so.
On 13th oct i received an email from my professor that since i dint joined back he has suspended me from university. I asked my professor that i want to join back and he told me to re apply again and can start from feb 1st.
My questions are
1) Was my visa curtailed as i dint receive any letter from UKBA so far and i havent changed my address from last 7 years so they have my correct address.
2) Can i join back to the university from feb 1st, will there be any problem
Thanks

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bruteforce
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Post by bruteforce » Sat Dec 07, 2013 9:20 pm

The standard procedure would have been that your university would inform the UKBA that they are withdrawing their sponsorship & the result would have been that you would receive a letter from the UKBA informing you that your leave has been reduced to 60 days. Either the university is in process of formally informing the UKBA about that or you could be receiving the notification from UKBA very soon. The work load at UKBA could also be a factor in not receiving the letter yet.

In any case, you need to get a new CAS from university & apply for tier 4 visa again. The best point of contact at this stage is your university. Hope this helps.

vinny
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Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

re 7 year discretion leave

Post by vinny » Tue Dec 10, 2013 10:43 pm

drmuqtadeer wrote:I am living in U.k for 8 years on a student visa legally. My family came 7 years back which includes my wife and son. My daughter was born here 4 years back. We all have indian passports. Till now we have a legal status and me or my family have been to india twice and each time not for not more than a month. My student visa is curtailed.
My son came here when he was 1 year old and now he is 8 years old. He speaks english only and goes to school, have friends, basically have a personal life with no contact with any family members in india. He is in primary 4 and if he go back to india he wont adjust there as education in india is different than here.
My question is can i apply for a 7 year discretion visa based of 7 year continious legal stay of my child and also based on his personal life here. Removing him from uk is against his human rights
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.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Dec 10, 2013 10:50 pm

bruteforce is correct.

Unfortunately, they often take the view that non-British children may return to their parents’ home country with their parents.

See also Behary, R (On Application) v Secretary of State for the Home Department [2013] EWHC 3575 (Admin) (20 November 2013)
MUB v The Secretary of State for the Home Department [2013] ScotCS CSOH_179 (21 November 2013).
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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