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Finished the course early and unaware of 60 day rule.

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

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siddharth.dash
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Posts: 2
Joined: Fri Aug 05, 2011 11:03 pm
Location: Edinburgh

Finished the course early and unaware of 60 day rule.

Post by siddharth.dash » Fri Aug 05, 2011 11:18 pm

I am here on a tier-4 general student visa which is valid until 13 Jan, 2012. I was doing my Masters but unfortunately, I was awarded a PG certificate when the results were declared on 01 June. I had appealed against the decision on 10 June. The appeal has been taking an unusual amount of time and is still under process. It is only yesterday that I was told by my warden that I have been reported to the UKBA as I have successfully completed my studies on 15th June and as per regulations I have leave within 60 days. This has brought up a state of panic as I am left with just 7 days from now and the appeal still remains pending.

I would be grateful if someone can advice me what would be the best course of action as I was unaware of this 60 day rule in case of early completion and how can extend my stay to pursue the appeal that is still pending.

vinny
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Posts: 32802
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Aug 06, 2011 1:06 am

To be fair, the UKBA should serve you a notice (as amended), under 4(1), of curtailment (323-323C) before it becomes effective.

See also Shoaib, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 2010 (Admin) (13 July 2015).

Khurram, R (on the application of) v Secretary of State for the Home Department (effective service; 2000 Order) (IJR) [2016] UKUT 281 (IAC) (18 April 2016)

How not to serve a curtailment letter > Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision > Chaparadza, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1209 (Admin) (24 May 2017)
Mustafa, R (on the application of) v Secretary of State for the Home Department (2000 Order - notification of representation) [2017] UKUT 407 (IAC) (25 August 2017)

Court of Appeal: visa conditions do not count unless notified in writing > Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 (15 December 2017)

Administrative review countdown starts even if no physical receipt of decision letter > Hasan, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 389 (12 March 2019)

Court of Appeal reverts to Home Office-friendly approach to service of decision letters > Alam, R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)

Immigration Rules Appendix SN: Service of notices

No-notice citizenship deprivation ruled unlawful > D4, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2179 (Admin) (30 July 2021)
regulation 10(4) — is straightforwardly ultra vires.
Similarly, is SN1.6 straightforwardly ultra vires too?
Where it is not possible to give notice in accordance with paragraphs SN1.3 and SN1.4 or where an attempt to do so has failed, and the decision-maker records the reason for this and places the notice on file, the notice shall be deemed to have been given on the day that it is placed on file.
Last edited by vinny on Thu Apr 04, 2013 2:39 am, edited 2 times in total.
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.

siddharth.dash
Newly Registered
Posts: 2
Joined: Fri Aug 05, 2011 11:03 pm
Location: Edinburgh

Post by siddharth.dash » Sat Aug 06, 2011 1:20 am

Unfortunately, I havent received any communication from the UKBA until now so that just increases the confusion as to where I stand in this matter and what should be my course of action.

vinny
Moderator
Posts: 32802
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Aug 06, 2011 1:31 am

I believe that your leave remains valid until you are notified of your curtailment by the UKBA. That's on the understanding that you haven't been working illegally, etc.
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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