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URGENT!!! Maintenance funds forcing me to overstay

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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fidstar1
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Joined: Wed Sep 08, 2010 12:45 am
Location: England

URGENT!!! Maintenance funds forcing me to overstay

Post by fidstar1 » Wed Sep 08, 2010 1:55 am

Hi, I have found myself stuck in the most complex of situations, my tier 4 visa expires in 4 days (sept 11). Now I have fully paid my course fees, and have cas number. My only dilemma is that the maintenance funds were only put in for 4 days, I am applying for an extension as I am in the uk currently so I need to show 1600 in my account for 28 days.

So what advice would you give? would you say I should wait the 28 days and send the application even after I have overstayed or send it now with the money being in for only 4 days, bearing in mind I have had my visa status for 8 years with the hopes of settlement after 10.

vinny
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Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Sep 08, 2010 3:21 am

Difficult.

If you do not apply before your leave expires, then you will become an overstayer. An overstayer with a gap of more than 10 days may not satisfy the long residence requirements.

If you do apply for an extension, then you may be refused if you have not satisfied Appendix C - Maintenance (funds)> 1A(c) of the Immigration rules.

Can you get a loan?
Evidence of money that is available to you - acceptable documents wrote:The following documents, with the exception of the loan letter, must cover a consecutive 28-day period ending no more than a month before the date of your application.
See also New PBS cases > [url=http://www.bailii.org/uk/cases/UKUT/IAC ... razil.html]CDS (PBS “availableâ€
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

fidstar1
Newly Registered
Posts: 2
Joined: Wed Sep 08, 2010 12:45 am
Location: England

Post by fidstar1 » Wed Sep 08, 2010 8:45 pm

Does the loan letter have to be from a bank? or can it be from a uk resident who is willing to provide the funds

vinny
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Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Sep 08, 2010 9:32 pm

Evidence of your money wrote:Letter from a financial institution confirming a loan

The financial institution must be regulated by the Financial Services Authority or, in the case of overseas accounts, the home regulator. (This is the official regulator for the country where the institution is and where the money is held.)

The loan letter must be dated no more than six months before the date of your application, and must show:

* your name;
* the date of the letter;
* the financial institution's name and logo; and
* the money (or funds) available as a loan.

Loans held in the name(s) of your parents(s) or legal guardian cannot be used as evidence of money held by you.

There must be no conditions on the release of the loan funds to you, other than your making a successful Tier 4 application.

If you are applying from overseas, the loan funds must be available to you before you travel to the UK, unless the loan:

*is an academic/student loan from your country's national government; and
*will be released to you by your national government or your Tier 4 education provider when you arrive in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Sep 08, 2010 10:48 pm

fidstar1 wrote:Does the loan letter have to be from a bank? or can it be from a uk resident who is willing to provide the funds
I don't know. Perhaps. However, if you are going to rely on appeals, then you must make a valid extension application before your leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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