My partner is an Indian citizen and has been in the UK for the best part of the last 3 years. Her most recent visa (tier 4) began when she commenced a two year master's through research programme at the University of Oxford. The expiry date was for some time in 2020 as it was a possibility that she would progress to a DPhil (PhD). However, she completed her course several months ahead of schedule, and the University informed the Home Office (HO) of her early completion in March 2018.
Since then she has been applying for jobs to transfer to tier 2 status, and she has begun applying for PhD positions in the US and Australia. She did not receive any notification of visa curtailment, even after several months, and so she has remained in the UK for close to 7 months now since the University informed the HO. We assumed, based on advice from friends in law and immigration law, that the curtailment was not automatic, but discretionary, and that the "wrap-up period" would commence from the date of receipt of the curtailment letter. We checked numerous times that the HO had the correct email address (from previous correspondances), and even enquired with the University liaisons as to whether the visa had been curtailed. To this question we received an uncertain answer and the liaison offered to contact the HO on her behalf. Instead, she decided to carry on with applications until such a time as notification of curtailment was received.
She recently grew concerned that no curtailment letter had been sent and decided to explore the possibility that it had been misdelivered. She then recalled that the initial application for the tier 4 visa had been completed in part by an agent who provides assistance with such applications in India. The agent had foolishly provided the HO with their own email address instead of hers, and had received the HO notification of curtailment but had not forwarded the email. It turns out that notification of curtailment was provided in June her new visa expiry date was set for early June.
She immediately contacted the University of Oxford (tier 4 compliance) liaisons with information about the oversight (date and time she received the notification of curtailment from the agent, reasons for not departing from the UK, intention to leave as soon as matter is resolved etc.). They stated she had done the right thing by contacting them, that it was a "human error", and that it had happened before. After consulting with colleagues one of the liaisons offered to contact the HO on her behalf to find out if, in the circumstances, they would be willing to re-issue her curtailment letter.
As she has not yet received a reply, and is quite concerned about how this may affect her future applications, we have several questions that we would like answered in the meantime:
1. What is the likelihood that the HO will be lenient and re-issue a curtailment letter in light of the circumstances.
2. Given that she has technically overstayed by 2 months, is this likely to affect her future applications to visit the UK? The tier 4 compliance liaisons at the University suggested that she may face a 1 year ban from applying for UK visas in, perhaps, the worst case scenario.
3. If yes to 2., then how likely is it that this will affect short-term tourist visa applications after the 1 year period?
4. Is it possible that this short overstay and imminent voluntary departure, will affect her visa applications for the US, Australia, or Ireland (where I'm from)?
5. Any other information?
Many thanks!
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