tier 4 expired

[wunderboy]

hello all if a student is on a tier 4 and it has expired now but an application has been submitted to renew but not yet acknowledged but due to a change of circumstance the person wishes to change to a spouse visa what would the status be as they ukba are not willing to recall the passport so she can change application to spouse visa as tier 4 has expired ?

on the letter it states passport can only be returned to local immigration team to arrange removal from uk

[sheraz7]

It can be possible by varying the grounds of existing application.
Check 3.2 on page 3

it is possible to vary the grounds of an application already made,
even by introducing something completely new. A student application can be varied
so as to include marriage grounds. If an application is varied before a decision is
made, the applicant will be required to complete the necessary prescribed form to
vary his application. If an application is varied post decision, it would be open to the
applicant to submit further grounds to be considered at appeal. As a result, there
may be little difference in practice between a fresh application and a request to vary
an existing application.

[wunderboy]

To be honest the passport is required so can tier 4 renewel be withdrawn and passport be returned directly to owner then submit a spouse application ?

If it is decided to continue with tier 4 how long is average wait and application is granted or during application can u request passport to be returned

[wunderboy]

Or to simplify withdraw tier 4 renewal then can the person apply for spouse visa within uk and stay here pending decision