The curtailment of Tier 4 Student Visa

Hi everyone,

I hope this question is not being repeated but would really like to know if my current Tier 4 visa is still valid.
Currently, I have got Tier 4 leave which was granted until Jan 2022 but I'm not sure if it's valid or curtailed. I started PhD course in September 2017 but had to stop my studies due to my non verbal daughter being diagnosed with autism and having to look after her as a full time carer. It's important for kids with ASD to receive early intervention for their progress so that the impact upon her is much reduced in later life. Otherwise, she will reach adulthood in a very precarious state of mental health indeed, an unpleasant fate which can be avoided- or at least mitigated- at this point in time.It was not possible to study full time and look after her at the same time. So, I have made FLR HRO application based on Human Rights in April 2018. I informed my University of this application and stopped attending the University lectures, submitting assignments as they would not give me break more than 60 days due to Tier 4 conditions. University confirmed that it has withdrawn sponsorship of my Tier 4 visa and that I will receive an email from UKVI telling me that my Tier 4 visa is no longer valid. However, I have not received any correspondence from HO about curtailment of my visa. Unfortunately, HO refused my FLR HRO application with a right of appeal. They have returned all the documents including our current Tier 4 BRP cards apart from passports. I have appealed in December and now awaiting the hearing which is listed for June 2019. My solicitor is not sure why cards were returned but she said I'll keep the same rights until my appeal decided. My query is I want to know if my current Tier 4 visa is still valid or not. If it was not valid, why would HO return the BRP cards? Your responses will be very helpful. Many thanks!

kkarimov wrote: ↑

Tue Jan 22, 2019 9:36 pm

My query is I want to know if my current Tier 4 visa is still valid or not. If it was not valid, why would HO return the BRP cards? Your responses will be very helpful.

These are questions for your solicitor. Your former Tier 4 sponsor can also check whether your leave has been curtailed.

It is fairly safe to assume your Tier 4 visa is still valid due to the fact that you have not had a curtailment letter and the return of the BRPs. However that is solely under the right of continuing leave while under appeal.

If you win your FLR appeal then that will overtake the existing Tier 4 leave. If you lose the appeal then that kills off the Tier 4 leave and you are without leave.

You are back after long time @frontiermole.

bruteforce wrote: ↑

Thu Feb 14, 2019 10:26 pm

You are back after long time @frontiermole.

Kindly note I have edited your comment and removed the employer reference for obvious reasons!!! Kindly do not divulge the info publicly on the forum.