Urgent any 1 have good idea ***

Hi guys and experts


Continues
Tier 4 visa 9years months



I am really confused some one told me about this form and im new on here im in uk 22 dec 2004 and my visa expire 30 march 2014 since all that time my whole status was tier4 visa so im going msc frm uni but I m fail in 2 units so I have 2 units and project dissertation to do. So IM SURE UNI WILL NOT GIVE ME CAS BUT ACCORDING TO MY CALCUATION MY 5 YEARS ON DEGRER NOT COMPLETED YET.please advice me what should I do to get my 9months my 2kids and wife with me they are not old In uk .

all I need is that to confirm one thing which is..
my last visa was curtailed by Ho I won appeal but that visa was from uni too and I spent that time all in home no any studying the visa dates are sep 2010 till march 2012 so appeal won on 2011 sep.

Visa renewed on same date march 2012!!
After hearing success no one wrote a letter to me not from.ukba uni or tribunal that what to do next so I was waiting.

After that I wrote many letters and calls to ukba 0870 number but no outcome and end of the day I applied my last visa which is current visa and I got it and its expiring 30march 2014

so i was no studyng from sep 2010 till march 2012 that time period will count on 5 year cap ?????


If current uni will not give me visa letter then what should I do??? I have short time left.


My long residents time is broken any where any idea .just thinking cuz I had curtailment.which I have explained.


I appreciate for reading please reply


many thanks

@ faraz3430, from what you stated in your post, did you mean that your appeal decision wasnt implemented by HO and you then submitted a fresh application after you won your appeal?

Also, why will your present sponsor (University) refuse to issue you a CAS letter when you still have resit units and dissertation to complete, have you discuss this with them if they will be able to issue you a CAS letter?

Thanks a lot olask..




my appeal was won on normal ways no problems but it was first time for me so I was waiting any letter or results or information from ukba but nothing came so I rang ukba whay to do what is my visa expiry so she said on phone she dont know I said what to do she said write a letter to same address which showing you on your curtailed letter I did same job but nothing came then 30 march 2012 was my expiry so I took admission lucky I was accept in msc course and I have recived visa on may 2012 so which is expire on 30 march 2014.


I didnt know what to do but is thid will effect my 10 year longrresidence period /broken etc??


so this period should not count in my 5 year degree level

And your second question about my current uni cas!

Brother I am looking to meeting soon with them but they are asking me to bring all your history so when they will know om here on 9 years they will trouble and 5 years cap is on my yead so may b they will refused.or if they give me cas then I am sure ukba will refuse cuz 5 yr cap. Finger cross!!!


now my last question is what can I should i do or take ways to spend my 9months in country any idea.

I have my bad credit history like council tax and stuff will it count also I tried to find out any ccj on me but nothing on me according to company call experian.





again many thanks for your reply.

@ faraz3430, your case seem to be straightforward but it seems you are making things more complicated by not following simple rules and being hasty as you have done on the forum by pasting multiple questions;

(1) If you have resit and dissertation to finish, your University cannot refuse you CAS letter to extend your visa just because you have used 5yrs already since they know that before giving you admission and if you have resit and dissertation to finish they cant just throw you out because of 5yrs cap rule. Even if they refuse to issue you a CAS letter, you can still submit an application with FLR(O) form (application outside the rule but you need to consult professionals before taking a final decision).

(2) If you are able to submit an in-time FLR(O) application before your present visa expires, then your present tier4 student visa will be extended by virtue of section 3C and you can conveniently complete your resit exams and dissertation while waiting for HO response and your university will look stupid as you would have gotten temporary extension without their help.

(3) If HO eventually refuse your application, you will have an appeal right and before the appeal hearing date you will have clock 10yrs and then you can add 10yrs long residency to your appeal ground before the hearing which the judge will have to accept and your FLR(O) appeal will be VARIED for ILR.

Lastly, you need to get clarification about the hasty decision of submitting fresh application when you have actually won your appeal and should have waited for your new decision from HO. You should apply to get your SAR record from HO so that you can have a clue of what actually happen during the waiting period for your successful appeal.

Wowww Many thanks my bro.

I am really happy to see your reply which looks professional.


just one more thing I have bad credit history 3 defaults payments and I am already with experian.co.uk but they said you don't have any CCJS . And I haven't cleared council tax because I was student in college and I have completed but college shut down at that time so they keeo sending letters .


will it be problems in my 10 year ILR case?

I don't think that bad credit history affects ILR application, I only know that police cautions and criminal convictions does affect ILR. But it will be advisable that you pay all outstanding council tax as its classify as tax avoidance which might affect your ILR application.

@ faraz3430, make sure you seek professional advice as well.

If you won an appeal that should not be classed as breaking the continuous residency requirement.

If you have defaults then check if you have CCJs with trust online. If so, you need to declare CCJs. If you are struggling with debts contact National Debt-line, Step Change or your local CAB.

Thanks amber for help.


if I can't fix this time the defaults payments because of short of money. So this issue will effect on my ILR application?


Again many thanks for your reply.

I would suggest paying token payments even £1 pcm to each creditor. Having debts should not be a reason to refuse your application. The Home Office do not preform credit checks but if you have a CCJ it must be declared.

Hi




I have checked with trust online all addresses on each its 10 pound charges no ccjs or court notice on my name so but council tax still there by hand balif letters they keep sending . is that any thing still I have to do to save my self for ILR.. J



UST Defaults also stands there on experian.co.uk plz advice do you want me to clear defaults its been since 5 or 6 years. thanks

You have outstanding council tax arrears?

Hi amber.


nothing showing on trust online but after 3 5 months when u change my bank statment address they send me letter for outstanding payments of old houses different towns like around 3 to 4 grand. So I readlly cant find ukba will trace thisor not nothing on experian.co.uk just showing that I have not registered for pole register etc. thats it and my Defaults PAYMENT 3 DEFAULTs


thats it

plz advice

If you have council tax arrears, that's actually quite serious. Are you liable for them?

Hi amber


I was student 9 years 3months so I had my qualifications but I didnt bother about letters and stuff hut landlord messed and mention my name and new addresses so I didnt took letter from colleges so 2 colleges gone so I have my qualifications thats it I already told on mobile number which is dropped at my new rent house balifs that whole story he still saying I need letter from your education provider that you were full time student so now I cant I left house so I dont know they keeping sending there or not..


where I can find this like my pendings and how ukba works on it so I can follow the same way to fix it.ukba should know I was student so I should exempted.

So after reading your last rely thats sounds some thing I have to do..


so please advise me either on phone or through this. I dont want my iLR in problems.

@ faraz3430,

I sent this to you earlier on today and its still my own opinion as per the default accounts and council tax issue;

Hi,

Do you still owe money on the default accounts? If yes, then try to start paying by agreed arrangement so that they dont pursue CCJ judgement against you.

As per the council tax, were you working full time when your college was shut? If yes, then try to also arrange how to pay some of it. If you were not working during that time, then get a letter from your solicitor if you have one to explain that you were waiting for HO decision and couldn't work and they may be able to write it off if you can convince them.

I hope this help.

Olasunkanmi

Thanks bro for reply I want to share one thing which Is I found on Ho website

https://www.google.co.uk/url?sa=t&sourc ... JMSUU9x9Nw


read section 6.4 FOR COUNCIL TAX


YES YOU ARE RIGHR BRO BUR THINK ABOUT IT AFTER THIS 6.4 PLEASE MUST READ ITS ONLY 10 LINES PLEASE ADVICE ME I WAS WHOLE ON STUDENT VISA SO CAN I GET AMY SHORT CUT TO PROVE THAT ATLEAST ON ILR APPLICATION THAT I WAS IN COLLEGE .COLLEGE CLOSED AND DIDNT GAVE ME RECORD SO I LEFT MY HOUSE TOO SO ALL I PENDING ANY LETTER TYPE ON MY ILR APPLICATION FROM SOLICITOR ..WILL IT WORKS AND HELPS



PLEASE YOUR WORDS AND ADVICE IS SO MUCH VALUABLE FOR ME

@ faraz3430, my last post answer your query on the council tax issue. I think the onus is on you to proof why you should be exempted and you will need to proof that you were not working full-time during those period that your college was shut.

Thanks for for my last reply


But is it mpt enough that I was international student visa and I was definitely not working full time how can I? A student visa is a big evidence for proof that I should get exempted.am I right ?

Please explain.. and if I am wrong so back to your point... how can I prove I was not working full time I dont have any.



so all I can do is to write a solicitor letter that all situation so the I can attach wit ILR APP. to Ho so UKBA WILL SEE he notify that he eas student and visas is the proof I never went to any another category so may be its works but again you are more experience guy .help me on this my loving bro



thanks

@ faraz3430, you should first send letter to the council that you allegedly owed money explaining your situation and see if they can cancel the debt. You should not wait till you are due for ILR before taking it up with HO. So its better you take it up with the council now by giving them reasons why you should not have been billed.

Mind you, they can know if you were working full-time at that time from your NINO (National Insurance no) so think very well before challenging them.

@ faraz3430, could you please update on what route you ended up taking. Did you use FLR(O)? if yes were you granted visa? if not did you appeal it?
I am in kind of a similar situation: I have been in the UK since september 2004 under student visa. I did 1 yr foundation course, then 4 yrs MEng degree, then I applied for MPhil, which I started in January 2010 and I havent submitted my thesis yet. MPhil is normally 2 yrs, but I did 4 yrs and 4 months and still not finished. The reason I have been able to stay this long is that the university seemed to have made some sort of mistake and I have passed under the radar for this long. Now my visa expires at the end of april 2014. The university does not seem to be willing to give me an extension ( so no CAS number) and is probably going to report me to UKBA so that I leave the country and submit my MPhil dissertation from home (my home country). I will be completing 10 years in september 2014.

Question is: How can I get to september legally in my case, so that I can apply for ILR?

Any suggestions from anybody else is appreciated.

Thanks