Withdraw from college

[Chosi]

I am posting on behalf of my friend,

I was withdrawn from college on Oct and I was given an appeal period of 10 days post which they informed UKVI about my visa cancellation but my bad luck I broke my phone and was waiting to buy my new phone till now and just came to know all these details. I contacted university and they mentioned can’t help in anyways. I was withdrawn due to lack of attendance. But I haven’t received any emails or letter from UKVI still, does it mean I am still ok to apply for visa? My current employer has agreed to sponsor me kindly help me.

[sah10406]

But I haven’t received any emails or letter from UKVI still, does it mean I am still ok to apply for visa? My current employer has agreed to sponsor me kindly help me.

You can apply for a Skilled worker visa, but only in your home country. You cannot apply in the UK because of Appendix Skilled worker, paragraph SW 1.5A, which requires that you have completed the course.

I am surprised your employer is not advising you on this. Unless you have not told them you have been withdrawn from your course.

https://www.gov.uk/guidance/immigration ... led-worker

[lolo2]

How's the ex-student working without a valid visa?

Also not sure what a broken phone has to do with everything.

[razergd1]

How's the ex-student working without a valid visa?

Also not sure what a broken phone has to do with everything.

I think OP claims that they did not know they were withdrawn from their course.
From my understanding as soon as they were withdrawn from studies they could not work anymore even if the visa was not curtailed yet.
It is in my opinion that the best interest of the OP is to a. Stop working and b. Leave the UK ASAP.

Then the OP may start an application for skilled worker. However, even an application for SWV from his home country may fall under general grounds for refusal.

[Frontier Mole]

The curtailment / cancellation process can take many months. There is a substantial backlog measured in thousands so it is not unreasonable to believe the OP still has valid leave.

If and that is a big if, an employer is actually following the process to ensure overseas student compliance then they would know term dates, the expected course completion date and have an online check of the student’s right to work. If as I suspect the student was working beyond their allowed hours, and the employer is complicit then that would go a long way to explain their non-attendance at college.

The OP’s current employer can readily check the OP’s right to work by doing an online check. This might also identify if the student visa has been cancelled.

No matter, the OP’s options are limited and accessing a skilled worker visa is not one of his options. Well not within the U.K.

[THO]

Broken phone = excuse to have not received notification that his non-attendance at college led them to kick him off the course. It is so glaringly obvious that the college course was in-fact a way for him to gain access to the UK, and work here illegally, that it beggars belief that he now has the bare faced cheek to ask for help to find a way to remain in the UK.

I'm not sure what the rules state, but if your visa requires that you are here studying, and you are not in-fact studying, you should return, because you are now here on the wrong visa. As pointed out, you can't change to a different suitable visa in the UK. So when the HO gets around to your case, I expect one of the questions will be, when did you stop studying, and another will be, did you work here during the time between when you stopped studying and now?, and another will be, how did you support yourself?

From there, I expect the HO will ask your employer, and the college some questions to establish that a) you stopped studying months ago b) either your employer knew this and employed you anyway, which puts them in sh1t, or that you didn't tell them, which means you are in the sh1t. c) you earned money without the correct visa.

Your best bet is to now play a straight bat, go home without fuss, from there get the right visa to return. You will not have a black mark against your name, and this gives you the best chance to return again. Stay and wait till you are asked to leave is the wrong way to go about this.

[Chosi]

There has been a lot of response on this but I see all conveying the sane suggestions. Thank you so much for that.

My friend did attend all the exams, yes he was told once that he has low attendance for which it was resolved through some meetings not sure of exact details but this happened a year back. But in last email it states because he wasn’t reachable by the supervisor it’s being taken forward to UKVI for visa cancellation.

Online check shows still he is eligible to work for 20 hours.

Guess as you all suggested it’s taking time but best for him would be to return and apply from there.

But his real intention isn’t for the SWV, he is willing to continue study and university is looking into this matter as I am posting this.

1. So that brings my next question given the situation can he apply for another Uni? Sorry for troubling you all much just trying to help out if possible.

And all people are not wrong there are people who took loan and came here to study as well and I have spoken to him hardly few times but he is a good chap, he is just having bad time is my opinion. I do know that his phone went bad and I was ready to offer him help but he refused as he didn’t want to take money from others. A

He didn’t go to his class as the class itself had only a strength of 3 and no one attends pretty much and my friend didn’t have access to any digital accessories. Very simple not trying to justify his action, but just requesting to keep a broader mind and the hours of working I did ask that he didn’t get even a single hour most of this months. Just spent all money on hand and trying hard to save his money.

2. So he has as well booked a ticket to return back, but as his college refused course completion certificate, as he was withdrawn despite he wrote all modules can he request for a refund? His course was two years they disagreed to given even one level but he didn’t ask for refund till now.

Kindly try to help out. Thanks a lot.

[sah10406]

So that brings my next question given the situation can he apply for another Uni?

That's not a visa matter, but an admissions and academic matter.

Any new Student visa can only be applied for from his home country.

[Frontier Mole]

It is unlikely that they will be able to persuade a university to take them on. They are generally wary of taking students with a poor academic history and especially if they have previously failed at another course / university.

[meself2]

So he has as well booked a ticket to return back, but as his college refused course completion certificate, as he was withdrawn despite he wrote all modules can he request for a refund?

It's an academic matter as well IMO, but why would they give a refund to him? From what you're saying, he didn't satisfy the requirements to complete the course due to him not going to classes.
It's like someone paying for driving lessons, not going to theory classes, failing an exam to get a license and asking for money back; wouldn't be reasonable for them to do so.

[Chosi]

Thank you so much for all the responses once again. I agree but he hasn’t completed his course nor the course period is over before which he is being withdrawn though he has paid full fee, this is the reason I am checking.

[lolo2]

This is a very unfortunate situation, but he won't be given any refund for the tuition paid I'm afraid. The dismissal from the course was his entire responsibility.

On the other hand, how will he apply for another University if he's struggling financially? That doesn't seem to be a wise option.

I also came to the UK as a student, and universities usually have provisions available to international students struggling mentally, financially, etc, people just need to seek help. Unfortunately it's too late for him to have access to these.

[AmazonianX]

Thank you so much for all the responses once again. I agree but he hasn’t completed his course nor the course period is over before which he is being withdrawn though he has paid full fee, this is the reason I am checking.

He is the one who defaulted or breached the contract between him and the Uni.

[Chosi]

Thank you all for your kind help, it made my friend to take a clear decision and return back so his future visas don’t get affected. Thanks for the timely help and clear direction.