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Tier 4 curtailed, want to switch to spouse visa, help!

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

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SHERIFSHIMI
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Tier 4 curtailed, want to switch to spouse visa, help!

Post by SHERIFSHIMI » Sat Nov 23, 2013 7:53 pm

Hi,

I am American and obtained my tier 4 student visa from 28/9/2013 until 15/4/2014, however I just received a letter from the home office informing me that my leave has been curtailed to 4/1/2014 as my sponsor informed them that I was excluded or withdrawn from my studies which is not true. I obtained my degree in September and I have the certificate and the transcripts to prove that. Moreover, before I received the letter I had already booked an appointment to give notice for marriage to my British fiance, and we booked the ceremony for the 21st of January.

Am I allowed to stay in the UK after the 4th January to get married and then apply for a spouse visa, or, do I have to definitely leave the country by 4th Jan to avoid overstaying my visa and getting deported?

Also is there any way the Home office has been mistaken about my curtailment since the reason they gave in the letter is not true?

Finally, if I leave the UK before the 4th Jan, with the intention to return before the 4th, will I be allowed back in?

Thank you for any help you can give me on this matter!

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bruteforce
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Post by bruteforce » Sat Nov 23, 2013 8:38 pm

The best point of contact would be your institute where you obtained the degree. Normally, if your course ends earlier and you have more than 3 or 4 (I am not very sure about the number of months) months leave remaining then your leave is curtailed to 60 days which happens to be the case here.

SHERIFSHIMI
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Post by SHERIFSHIMI » Sat Nov 23, 2013 8:53 pm

bruteforce wrote:The best point of contact would be your institute where you obtained the degree. Normally, if your course ends earlier and you have more than 3 or 4 (I am not very sure about the number of months) months leave remaining then your leave is curtailed to 60 days which happens to be the case here.
Thank you! My problem now is whether I have time to marry and apply for a marriage visa before I have to leave. I'm not clear whether the definite date is the 4th Jan 2014 or 28 days after that..

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bruteforce
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Post by bruteforce » Sat Nov 23, 2013 9:01 pm

SHERIFSHIMI wrote:
bruteforce wrote:The best point of contact would be your institute where you obtained the degree. Normally, if your course ends earlier and you have more than 3 or 4 (I am not very sure about the number of months) months leave remaining then your leave is curtailed to 60 days which happens to be the case here.
Thank you! My problem now is whether I have time to marry and apply for a marriage visa before I have to leave. I'm not clear whether the definite date is the 4th Jan 2014 or 28 days after that..
Its definitely 4th Jan & any time spent after that upto 28 days (& beyond) would be classed as over staying. If you think you don't have enough time then why not go back in time and then apply from there?

vinny
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Post by vinny » Sun Nov 24, 2013 12:39 am

Try to marry and switch leave prior to 4/1/2014.
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Jellybean105
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Post by Jellybean105 » Mon Nov 25, 2013 12:30 am

(edited) Sorry, completely missed the plot! :roll:

riz1986
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Post by riz1986 » Mon Nov 25, 2013 9:24 pm

Well you can leave UK before your curtailment leave expired and then come back for your wedding ceremony (being non visa national ) as a tourist.

This looks easier rather than hurrying up to get married n making UKBA suspicious !!!

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