Urgent Help Needed.Tier.4 Student & Dependant in Trouble

Hello folks , need some serious and urgent advice .
I am on a Tier.4 Dependant visa and my wife is on Tier.4 general visa. She is doing her Masters in one of the reputable universities in UK.We have come to India for holiday as she doesn't have the classes in the university however as per the university rules she has to sign some Tier.4 Compliance every month which means a confirmation that the student is present and active in UK .

Anyhow , we came to India for the festival and now the university has sent her an email for the explanation of her absence. We said she fell sick and will be recovered soon and to support this we have sent the medical document / report as well . But , the university has not accepted our claim and they told us we can appeal their decision . But , they just said that the claim has not been accepted but they did not give any outcome but when we contacted the university professor we been told to appeal and the appeal form is sent but don't know what decision they have taken.

However, seeing all this we are thinking of getting back to UK ASAP to save the visa and all but my wife has previously come to India on AirIndia flight and after a month i came on JetAirways . Now we are thinking of going back and wondering if the university will inform UKBA that they are about to cancel our visa or will it have any impact on the course itself . She came to India on 8th of June 2014 and they asked her to sign on 24th June 2014 and the correspondence was received from the university on 4th of July about her absence and the deadline to respond was 16th of July and we responded before that only.

Now , Questions are :
(a)Wondering about the decision of the university if someone was / is in the same situation.
(b)If my wife go back to the university and want to continue with the classes as usual , will it have any impact . I mean , will the university still say " As your claim is not been accepted " you should leave the country and then apply for the visa ?
(c)If i travel one day before my wife as i am on different airlines than hers, will the UKBA ask me questions like , where is my wife and anything extra ? And i believe that the University has not made any decision as yet but it is likely that they might decide something but we mailed them that " She is getting better now and coming to UK ASAP " .

Please friends . I need your honest suggestions and help on this as i don't understand what to do in this situation and i would really appreciate if someone can share their knowledge regarding the University claims and all .
What i am thinking of doing is ,
(a) Flying to UK first , even before the University takes the decision
(b) My wife will join me a day after
(c) I cancel her ticket and rebook another one on my airlines and then both of us travel on same airlines .

Please help .

I sympathize with you on your situation. Well. This is not the time to apportion blame. But I must say that you and your wife got it all wrong. The practice of the old UKBA requesting institutions that admit intl students to monitor student attendance has been in place for close to 4 years now. Why did your wife not request for permission to travel to India? That is what many students did and still do. Permission based on cogent reasons were provided and on that ground departments were able to grant leave to students.
Now. You and your wife should travel down to the UK. Forget every other thing. DO NOT ALLOW THE UNI WHERE YOUR WIFE STUDIES TO REPORT HER TO THE HOME OFFICE. i.e if they have not already done so. Every institution wants to protect her license so they do not tolerate unapproved absence by students.
You cant engage the uni from India. You and your wife MUST travel down and be seen PHYSICALLY to defend her stance or alibi. Throwing stones from India only shows that you do not take the situation seriously. Travel down with your wife and let her talk face to face with the people that matter. They want to see her. Don't complicate the case for her by remaining in India and expect things to work out itself via EMAIL OR PHONE. Her presence back in UK can cushion things perhaps on compassionate grounds., but to engage in a 'fight' with the Uni far away in India smacks of disrespect and apathy towards the matter raise. GET YOUR WIFE AND YOURSELF BACK IMMEDIATELY. your wife has missed the signing for June. She must not miss the second for July. Get rid of your indecision and return.

Hi Kuzaaah , Thanks for your reply . I really appreciate your suggestions . I thought it would be helpful if i paste the email communication that we had with the university so that you / others can guide us or find it helpful with regard to their circumstances .

I spoke to my wife this morning and she said , she already had a verbal communication with her Programme Leader & International student officer as well and they said she can travel to India for about 2 - 3 weeks and the rest of the story is written below .

We got the automatic response from the university that they are busy due to the graduation weeks and may come back to us within 5 working days and even we thought of flying back to UK hopefully by this month / +3 days less or more . Any other suggestions on this will be appreciated . Thanks .
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Dear Madam ,

I am writing with regard to my current circumstances and requesting for the support from the university on my current situation. I have already replied to the below email that i have received on 04-07-2014 from the University's Tier.4 Compliance Department with the response deadline of 16-07-2014 yet i have received another second email from the Tier.4 Compliance Department on 18-07-2014 with the response deadline of 30-07-2014.
As informed in my previous email communication , i came to India on a short visit to see my family and after coming here unfortunately i fell sick and hospitalised currently . I would also like to include that i have neither missed any classes / lectures during the time i am in India nor there were classes / lectures scheduled during my time in india and i was spending the time looking for placements and planning for the project work that i am about to start during the time i was in xxx.
​I have already communicated with xxx , xxx and xxx and updated them the same before 16-07-2014 itself and xxx asked me to send the xxx form along with any medical evidence . I have sent the xxx application form and the Medical Explanation from the Doctor as well but i had a reply from xxx that my NEC claim is not accepted and the decision / outcome on this will be communicated to me very soon.
I have received another email yesterday as said above from the Tier.4 Compliance department that i have not contacted anyone as yet and they would inform the UK Immigration and visas if i don't contact them by the 30-07-2014 . But the fact is i have already contacted and responded to the email that i have received in the first instance which had a response deadline of 16-07-2014 yet i received second email which is again stressful.
My current situation is unfortunate and unexpected and any person can fall into these situations but i am getting better now and i do not have any plans to withdraw or suspend my current studies and i will come back ASAP to UK before the end of this month hopefully . I can bring any other supporting documents / evidence that may be required to support my claim and hence want to seriously continue with my studies.
I request you to please re-consider my xxx claim as i want to come back ASAP and continue with my classes and course as usual . I would really appreciate and be grateful if i can please get some support from the University on my current situation as it is very unfortunate that i am facing this and i did not miss any class , lecture for the time i am in india and i have attached the screenshots to support this from my xxx/xxx time table. Please update. Hope to hear from you soon . Thanks .

Regards

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Dear student,

Your Ref: xxx

I am writing as we are very concerned that we haven’t heard from you despite recently sending you a letter requesting you contact your school regarding a recent absence.

If you would like to suspend your studies or withdraw from your course could you please let me know in writing (email is acceptable) as soon as possible, and in the interim contact a member of your supervisory team by phone. The time of your notification of withdrawal does have fee implications.

As previously stated we would like you to meet with your programme or subject administrator in order to satisfy the university of your engagement in your studies. You must do this before Wednesday 30th July 2014 and bring this email with you. If you are not able to come in by this date please contact us to let us know why.

The contact details for your Subject Administrator are: xxx, Tel: xxx

Please be advised that by law the University is required to report any non-submission of work or non-attendance of students on a Tier 4 visa to UK Visas & Immigration. Therefore, if you do not respond to this letter, I will have no option but to initiate the third stage of the monitoring process which may ultimately result in your withdrawal from the programme and UKVI being informed of your altered status.

Yours sincerely,

Academic Registry
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Dear student,

Your Ref:

Your module leaders are concerned that you did not participate in Report to ERD on 24 June 2014 and wanted to get in touch to see if there were any problems or concerns that you are having.

The attendance and absence policy, as highlighted in the student handbook, clearly sets out what you should do if you have to miss a session, and it appears that you have not notified us of the reasons for your absence. It is important that your absence does not go unexplained as it is an obligation of your enrolment conditions that you attend lectures, courses, tutorials, examinations and other activities which form part of the Programme.

I appreciate that you may have a genuine reason for your absence, such as illness or personal or family problems, and that such matters can be difficult to talk about. However, it is imperative that you contact us in order that we can offer help. The Student Union and/or the Student Support Services Department can provide support in a wide variety of ways.

If your absence is because you are thinking about withdrawing from your programme please immediately contact your year tutor to discuss your intentions and the options available to you.

In order to satisfy the University of your commitment to your studies, please contact your programme or subject administrator, in person, and take this email with you. You must do this before Wednesday 16th July 2014.

The contact details for your Subject Administrator are: xxx, Tel: xxx

Please do this even if you speak to another area about any issues you have been experiencing. If you are not able to come in by this date, please contact your Subject Administrator to explain why.

Yours sincerely,
Academic Registry

From the information in the emails the University has not reported your wife to UKVI as yet.
The deadline for your wife to present herself to the University is looming so it is time to get back to the UK asap.

As for Indian medical certificates - not worth the paper they are written on! Hence it has not been accepted. And you have knowingly bought the certificate to falsely claim whatever illness etc. so it can't be such a big surprise.

Thanks for your suggestion . Now , what i am thinking is : To get the Fit to Fly Medical certificate from the Doctor to keep things on safe side and board the flight on the 30th of this month at the latest .

Or what would be the consequences if they report to UKBA ? My understanding is , Visa will be cancelled / revoked and then my wife will be informed about this and may / may not the University will give a new CAS to re-apply for the visa ? Will that be the case ?

What do you think ? Please suggest . Thanks

You are missing the point - the fit to fly certificate is as wothless as the false medical certificate. What possible good is another certificate saying she is fit to fly when they bdid not believe the first medical certificate. - who are you trying to kid - yourself by the sounds of it.

The University is interested in one point and one point only. - your wife presenting herself in front of a faculty member before 30th July - nothing else. Get that achieved BEFORE that date and there is every possibility everything will be ok..

You are falling into the classic trap of lieing and lieing more to cover the lies. It just gets you deeper and deeper into trouble. The university knew you were going away so the medical certificate to extend your stay is the oldest trick in the book. Wise up and get back to the UK and sort out the mess and be grateful the university has not informed UKVI of the unauthorized absence.