(Need Urgent Help) Skilled Worker Visa

[samarahmedmohammed1]

Hello,

One of my friend went to U.K on Tier 4 visa in 2021 and he had permission to stay till Jan 2024 initially but he discontinued his studies as he stopped studying with them his sponsorship was withdrawn in 2022 which was reported to Home Office. He received an email in September 2023 about this but he did not read the email which mentioned about his visa cancellation and a date to either exit the U.K or make another application. He was in assumption that his status is valid till Jan 2024 and he remained till that time and departed before the expiry date. He secured a sponsored job and made an application recently and to his surprise he got to know that his visa application is rejected due to overstay for 2 months and further applications will be automatically refused for 12 months as he departed from uk with his own expense .

My question is if he applies for an administrative review which takes maybe 6 to 12 months, will they consider the fact the official notification of cancellation was through email and he didn't had received a physical letter and did not had the access to email otherwise he would have departed before the date which was mentioned.

Also does the study visa sponsor's withdrawal may affect his skilled worker visa application as he discontinued his studies.

Any inputs are appreciated.

[Frontier Mole]

Until the ban expires he will not be returning to the U.K. under the work or study routes. Administrative Review - that won’t achieve anything, the decision is right… he overstayed. I would an AR to be rejected quickly given the circumstances.

He will not be impacted directly by the withdrawal of his study visa - however his overstaying and add the refusal he is going to have an uphill struggle to gain a visa in the future.

He is lucky he did not receive a 10 year ban for deception due not declaring his visa cancellation. Particularly given he acknowledged receipt of the visa cancellation.

[samarahmedmohammed1]

Until the ban expires he will not be returning to the U.K. under the work or study routes. Administrative Review - that won’t achieve anything, the decision is right… he overstayed. I would an AR to be rejected quickly given the circumstances.

He will not be impacted directly by the withdrawal of his study visa - however his overstaying and add the refusal he is going to have an uphill struggle to gain a visa in the future.

He is lucky he did not receive a 10 year ban for deception due not declaring his visa cancellation. Particularly given he acknowledged receipt of the visa cancellation.

Do you any weight-age can be given to consider the fact the official notification of cancellation was through email and he didn't had received a physical letter and did not had the access to email otherwise he would have departed before the date which was mentioned.

[Frontier Mole]

The simple answer is no. An e-mail is deemed service. This is an argument that has been tested in law.
The cancellation guidance / policy allows for email service.

https://assets.publishing.service.gov.u ... ission.pdf

[AmazonianX]

Until the ban expires he will not be returning to the U.K. under the work or study routes. Administrative Review - that won’t achieve anything, the decision is right… he overstayed. I would an AR to be rejected quickly given the circumstances.

He will not be impacted directly by the withdrawal of his study visa - however his overstaying and add the refusal he is going to have an uphill struggle to gain a visa in the future.

He is lucky he did not receive a 10 year ban for deception due not declaring his visa cancellation. Particularly given he acknowledged receipt of the visa cancellation.

Do you any weight-age can be given to consider the fact the official notification of cancellation was through email and he didn't had received a physical letter and did not had the access to email otherwise he would have departed before the date which was mentioned.

He is trying to be smart. He should remember that at time of application he supplied the email address as a means by which he can be contacted.
Email is an accepted means. The onus is on him.

[Glorysmart]

please can I get the email address for Administrative review. the paid one. I have been waiting for 5 months now no response for my 8 years old daughter AR. I am already in the UK

[Hampshire]

“ignorance of the law is no excuse”

The person knew that he/she entered UK on a visa which was only valid for study. Discontinuing studies meant that visa is not valid anymore. Not reading emails or not opening postal mails is not an excuse.