To ban or not to ban

Hi guys,

I really appreciate the advices on my case as following.

I am a PhD student and my UK student visa was given until Jan 2015. However, in July 2013 I requested a 6 months suspension due to some personal issues. It was agreed by the authorised people and nobody ever warned me that this will lead to HO visa curtailed. And this happened. My university informed that to HO in the end of July 2013, HO then sent me a letter about the curtailing in October 2013, which asked me to leave in December 2013. However, I wasn't aware of that because the address HO used I already moved long time ago (2011). The university also did not inform me anything. On Feb 2014 I left the UK for personal reasons without knowing that my visa was expired and that I was overstayed for 2 months. Last week, I came back to the UK because I still think that I am holding a valid visa. However, immigration officer deported me after explaining all the above information.

My question is that, will HO ban me when I reapply my visa back home? And if yes, for how long?

Actually, I already asked the immigration officer at the airport about this issue, and he said that it shouldn't be any banning because anything like that will be shown on the refusion decision, whilst there is none. I also asked carefully about the 2 months overstayed but he insisted that banning to reapply should not be the issue. However, as far as I know, I was overstayed for more than 28 days, and leave "voluntarily", so I will face the 1 year ban to reapply. Different immigration officer may have different opinion, we never know whoever process my application in the future think. So I just want some strong grounds to decide the time to reapply my visa, given that there will be maximum support from university, because they also made mistakes in my case.

Thank you guys very much for all the helps.

You should be ok if you didn't overstay for over 90 days.

Thanks Vinny, I was overstayed for almost 2 months. But is there any document saying that this situation is legally ok? Or I may need to explain to the HO and pray for some good mood from them?
I just dont want to waste money for applying if there is some risk from banning.

landrover
I think you should not be ban however when you apply again overstay & deportation explanation require by immigration expertise.

I applied and got refusal just yesterday. The reason are that (i) you remained in the UK on a student visa when you had agreed to cease studies with ur uni and (ii) you worked during this time (?) and you overstayed your curtailed visa by 61 days (? - is this 61 days from 29/12/2013 to 26/2/2014). They also informed that any application before 26/2/2015 will be automatically refused.

I contacted my university about the chance of reapply and they confirm that Issuing a new CAS will potentially attract a Refusal due to my Immigration history (one deported at my fund because I went back to the UK in August without knowing my visa was curtailed, and one refusal because I don't know about the banning issue). Hence they advised me to change to the Distance Learning mode, which probably I can never come back to the UK again.

It was so sad for me to hear that. Can anyone here please give me advice about how to come back to the UK again to finish my study? I wasted a lot of time, effort and money in the UK and now risk of getting nothing.

Thank you.

The ban as you know is not the issue.
Getting a CAS is the problem.
The info given by the Uni is correct and is not likely to change any time in the near future.
The other point is that new rules brought in this November will make it even more difficult. Refusal rates above 10% will point to a licence revocation so the Uni's are very cautious at the moment. That attitude may soften in the future but it would a high risk offering you a CAS with your history.
Perhaps look at it next year for a 2016 start date. Things may have stabilised by then and a two year gap from leaving the UK might look better.

Thanks a lot Frontier. I see your point. Do you think it is ok to ask for a start date in Sep 2015? My study has been interrupted for too long (18 months till now) and my uni probably wont let me interrupt any more.

Asking a Uni now for a start date in Sept 2016 is neither here nor there. If they say yes now it is meaningless as they can't issue a CAS till 2016.
There is no harm in trying to get a provisional acceptance but until they issue a CAS you can't apply for a visa.
The way things are changing in the tier 4 world it would be hard to predict what the system will look like in 6 months so looking 18 months ahead is an impossible consideration.
Wait and see what things look like at the end of 2015 and go from there would be my recommendation.

Thanks a lot Frontier Mole. It looks like I have no chance to go back and finish my PhD in the UK. However, is it still possible to go back if I'm getting a genuine job offer, given my immigration history?

hi,

how far you in your phd thesis? have you progressed or you have not?
moreover it really depends on the university and supervisor. if it is a phd which does not require laboratory and does not require you to be physically present then you should be okay doing a phd from your country. there is a financial benefit in that, you will save a lot of money as compared to coming here and doing it.

furthermore in my opinion i think it will be a good idea to get in touch with your supervisor and discuss about the distance learning phd. i assume he she should have no problems in providing you feedbacks over skype or email. most supervisors are very helpful and considerate.

lastly i would say that once the university had terminated you then there is a very slight chance that the same university will take you back provided in the current tier 4 situation as Mr Mole has mentioned. it would be wise to continue with the phd while you are in your country and apply to get a cas when the situation is a bit more stable.

that will have more chances of you getting a visa.

in terms of the work permit. again i do not think that it is a good idea because the immigration officer (ECO) will have plenty of reasons to question your 'intentions' of coming in the uk.

these are just my thoughts and opinions and may not completely apply to you but surely they would help you.

Good luck.