Curtailed Tier 4 Visa to Dependent Visa ?

[keitaro]

Hello everyone, I have a problem which need your expertise to help me get out of it

My situation is as follow

I entered UK in September 2008 on a 'student' visa which expire on October 2011
In 2010, I was expelled from my old college, so I switched to another university and started a new course
In 2011, I obtained CAS from my new university and applied for a visa extension
I was granted a new visa which expire on October 2014
In June 2012, I received a letter from my new university, saying I'm expelled
I did not received any letter from UKBA
I get married in December 2012
In February 2013, me and my wife applied in a joint application, my wife applied for an ACCA course (CAS statement say NQF level 7), and I applied as her husband for a dependant visa
In April 2013, we received the result. My wife was grant a visa which expire in april 2015, but I was refused, base on the fact that I held a tier 4 visa before, not a dependent visa.
In addition to that, my current visa was curtailed so that it expire on June 2013 because I'm not attending university anymore.

What should I do now ? I'm planning on going back to my home country in June to apply for a dependent visa there. Is the chance any higher and do I need to prove more money in my bank account or anything ?

Any help would be greatly appreciated !

[Deviser]

Hello everyone, I have a problem which need your expertise to help me get out of it

My situation is as follow

I entered UK in September 2008 on a 'student' visa which expire on October 2011
In 2010, I was expelled from my old college, so I switched to another university and started a new course
In 2011, I obtained CAS from my new university and applied for a visa extension
I was granted a new visa which expire on October 2014
In June 2012, I received a letter from my new university, saying I'm expelled
I did not received any letter from UKBA
I get married in December 2012
In February 2013, me and my wife applied in a joint application, my wife applied for an ACCA course (CAS statement say NQC level 7), and I applied as her husband for a dependant visa
In April 2013, we received the result. My wife was grant a visa which expire in april 2015, but I was refused, base on the fact that I held a tier 4 visa before, not a dependent visa.
In addition to that, my current visa was curtailed so that it expire on June 2013 because I'm not attending university anymore.

What should I do now ? I'm planning on going back to my home country in June to apply for a dependent visa there. Is the chance any higher and do I need to prove more money in my bank account or anything ?

Any help would be greatly appreciated !

I don't think you will manage to get visa easily once you left UK. Probably UKBA will keep refusing you on your previous bad immigration history. You should involve some good immigration solicitor than leave UK.

[keitaro]

I don't think you will manage to get visa easily once you left UK. Probably UKBA will keep refusing you on your previous bad immigration history. You should involve some good immigration solicitor than leave UK.

thanks for your advice. I have started a pre-action protocol for a judicial review to challenge them to try and make them change their decision (UKBA gave me no right to appeal as I still have the right to stay in the UK until 3rd June 2013). The letter before action was sent 5 weeks ago but they still have not response yet.

I've seen several cases on the forum which were advised to come back to the home country to apply for a dependent visa, would my case be the same ? I'm applying as a dependent this time, not as a student so hopefully my history does not affect much ?

Please not the response to my joint application was the first time I actually heard something bad from UKBA. And they did not say I am being deported. They actually said in the letter : "you are not required to leave now, your visa is expiring on 3rd of June 2013"

Please advise on what course of action should I take now ? Even if I should stay in the UK to fight the case with help from a solicitor, on what basis should I defend my right for a leave to remain ?

Many thanks.

[sheraz7]

Based on your history that includes expulsions from the institute even university will not make your case stronger enough to defend yourself as a genuine student. However, since your wife is now tier 4 student then certainly you can return back as her dependant which might disregard your past student history because of change of status reason.

[keitaro]

Thanks for the reply. That is indeed what I am looking to archive. I am looking to apply for a visa as a dependent of a level 7 Tier 4 student. Could anyone confirm if this will not take my history as a student into account ?

Also, I am planning on apply for the dependent visa when I get back to my home country, after my current visa expire. Would that be considered 'switching' or would it be considered a fresh application?

Many thanks for all your helps and advice so far, I really appreciate it !

[Greenie]

What type of institution is your wife studying at? Is is private college or a university?

[keitaro]

What type of institution is your wife studying at? Is is private college or a university?

My wife is studying at BPP, which is listed as a 'Highly trusted sponsor' as well as 'Recognised Body' which gives her the right to sponsor me as her dependent. I have verified this on UKBA website. Please correct me if I'm wrong ?

Regards

[sheraz7]

and your wife should be enrolled at university as tier4 student. Must not be private HTS college.

[keitaro]

and your wife should be enrolled at university as tier4 student.

Yes, my wife is enroll in a 2 year ACCA course, in the CAS statement it said NQF level 7.

The institution is BPP University College of Professional Studies, which is listed as 'Highly Trusted Sponsor' and 'Recognised Body'

Many thanks !

[sheraz7]

http://www.ukba.homeoffice.gov.uk/visas ... ts/family/

[Deviser]

Could anyone confirm if this will not take my history as a student into account ?

I think previous immigration history affects all future visa application, regardless of previous or new visa category. You can confirm it with your lawyer.

[sheraz7]

It is unpredictable to say that how the OP's all future applications even on different category can be affected. Op is already penalised in the form of curtailment of visa and if he leaves before his current leave and later fulfill the dependant criteria along with the justifiable reasons for his past low academic performance (if asked) then he might get discretion.

[Highly_Skilled]

I don't think you will manage to get visa easily once you left UK. Probably UKBA will keep refusing you on your previous bad immigration history. You should involve some good immigration solicitor than leave UK.

thanks for your advice. I have started a pre-action protocol for a judicial review to challenge them to try and make them change their decision (UKBA gave me no right to appeal as I still have the right to stay in the UK until 3rd June 2013). The letter before action was sent 5 weeks ago but they still have not response yet.

I've seen several cases on the forum which were advised to come back to the home country to apply for a dependent visa, would my case be the same ? I'm applying as a dependent this time, not as a student so hopefully my history does not affect much ?

Please not the response to my joint application was the first time I actually heard something bad from UKBA. And they did not say I am being deported. They actually said in the letter : "you are not required to leave now, your visa is expiring on 3rd of June 2013"

Please advise on what course of action should I take now ? Even if I should stay in the UK to fight the case with help from a solicitor, on what basis should I defend my right for a leave to remain ?

Many thanks.

I don't understand your reasons for submitting a PAP.

The immigration rules clearly state that existing PBS Migrants cannot switch into becoming a dependent of a PBS Migrant whilst in-country.

I cannot see how an incorrect decision has been made.

[keitaro]

Thanks for your reply. The reason I sent a PAP is because my solicitor told me too. Apparently he could be wrong as he also told me I would be able get a leave to remain if I applied at the same time with my wife, that would probably false too.

Would you say the best course of action is to withdraw all my document from the Judicial Review Unit and go back to my home country to apply for the visa ?

Regards.

[Spidery_thread]

@Keitaro,

I agree with Deviser. Future visas are affected by previous immigration history, regardless of the category.

UKBA will stand at if someone has violated immigration rules once, he/she can do it again.

You have put yourself at a great difficulty, you should have read the rules before applying as T4D.

PAP at this stage is waste of time and money. If you leave the country it will be very hard for you to get T4D after the mishap and will consume a great deal of time.

You have good chances on marriage grounds, that you are newly married and your wife needs your support in that case you'll probably get DLR.

This is the easy way out.

[keitaro]

Thanks, I understand that my situation right now is very difficult..

However, UKBA did not give me a right to appeal, so my choices are rather limited, either leave the UK to apply for a leave to remain from my country, or go with a PAP as a way to appeal, which I did.

Do I have any other option ? And what is DLR and the easy way out you mentioned ?

Regards.