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Curtailment letter

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

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Farahyomar
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Curtailment letter

Post by Farahyomar » Thu Oct 25, 2018 4:47 pm

Hi, i was studying at a university in the uk and i stopped so I received a curtailment letter that will expire in december 2018 , im applying to study in a different university but i just wanted to ask am i allowed to apply before my curtailment letter expires or it has to be after it expires ?
Thank you,
Farah

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SamTiger
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Re: Curtailment letter

Post by SamTiger » Thu Oct 25, 2018 10:33 pm

You're in very very critical stage. Get advice from an immigration legal expert at the earliest. I think your curtailment letter will tell you in detail what you could do/you can't. You will have to get enrolled to a course in another university who could issue CAS for your new visa. Sooner the better. Hope you have genuine reasons for why your visa got curtailed. Good luck.

sah10406
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Re: Curtailment letter

Post by sah10406 » Fri Oct 26, 2018 7:50 am

Farahyomar wrote:
Thu Oct 25, 2018 4:47 pm
I received a curtailment letter that will expire in december 2018 , im applying to study in a different university but i just wanted to ask am i allowed to apply before my curtailment letter expires or it has to be after it expires ?
You cannot make the Tier 4 new application in the UK at all, only in your home country. This is because the the new application would not have the required "academic progression" and can therefore only be made outside the UK. See the Tier 4 policy guidance, from page 26 onwards, especially paragraph 61(a):

https://www.gov.uk/government/publicati ... -4-student

Whether you have current valid Tier 4 leave or not is irrelevant to an application you make outside the UK, so it is not something to worry about.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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SamTiger
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Re: Curtailment letter

Post by SamTiger » Sun Oct 28, 2018 11:53 pm

I differ with sah10406's that a application for new Tier 4 visa cannot be made in UK. I remember very well from a curtailment letter of someone which I saw a year ago. It said clearly that a new application can be made before the curtailment date. You should have to get CAS from another univ or you will have to move to another category, say Tier 2 if you've a CoS. I believe you're a student, so you need to get admitted to different univ and with new CAS you will be allowed to apply for new visa. The outcome of new visa will take into account the reasons of your curtailment. Better have legal advice.

I don't think academic progression will be required as you're quitting a course and starting a new one. Your existing visa restrictions will apply till the curtailment date. This is only a curtailment of your current leave to stay.

sah10406
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Re: Curtailment letter

Post by sah10406 » Mon Oct 29, 2018 7:27 pm

SamTiger wrote:
Sun Oct 28, 2018 11:53 pm
I remember very well from a curtailment letter of someone which I saw a year ago. It said clearly that a new application can be made before the curtailment date. You should have to get CAS from another univ
That will have been a curtailment letter prompted by the Tier 4 sponsor losing their license. Such a person is exempt from needing academic progression, as explained in paragraph 56c of the Tier 4 Policy Guidance.
SamTiger wrote:
Sun Oct 28, 2018 11:53 pm
I don't think academic progression will be required as you're quitting a course and starting a new one.
You are incorrect. The list Tier 4 applicants who do not need academic progression, are listed in full in paragraph 56 of the policy guidance.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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SamTiger
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Re: Curtailment letter

Post by SamTiger » Fri Nov 02, 2018 11:50 pm

sah10406 wrote:
Mon Oct 29, 2018 7:27 pm
That will have been a curtailment letter prompted by the Tier 4 sponsor losing their license.
I accessed one such curtailment letter issued 4 years ago. It was issued by HO after a HTS status univ notified that the student ceased his studies.
sah10406 wrote:
Mon Oct 29, 2018 7:27 pm
You are incorrect. The list Tier 4 applicants who do not need academic progression, are listed in full in paragraph 56 of the policy guidance.
The student then moved on to another university, a different course, and applied for visa in UK with new CAS.

If OP could post the letter or parts of it, would be better.

sah10406
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Re: Curtailment letter

Post by sah10406 » Sat Nov 03, 2018 9:20 am

SamTiger wrote:
Fri Nov 02, 2018 11:50 pm
If OP could post the letter or parts of it, would be better.
I disagree. OP should seek informed and regulated immigration advice from a professional, not the opinions of random strangers.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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SamTiger
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Re: Curtailment letter

Post by SamTiger » Sat Nov 03, 2018 8:42 pm

sah10406 wrote:
Sat Nov 03, 2018 9:20 am
OP should seek informed and regulated immigration advice from a professional, not the opinions of random strangers.
If you say so, this should have been your first reply. My replies are based on personal experiences but not random. I have come across one before and that's why I asked OP to post the letter so it may be of help to someone.
SamTiger wrote:
Thu Oct 25, 2018 10:33 pm
You're in very very critical stage. Get advice from an immigration legal expert at the earliest.
I hope one would've read my very first post for OP's query. I have come across a student who was in exactly same situation as the OP. And I shared what he did. Hope it helps. :)

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