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Guidance on Withdrawal of apllication

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Neenup
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Guidance on Withdrawal of apllication

Post by Neenup » Fri Nov 07, 2014 2:53 am

Hi ,
I applied for tier-4 visa extension in may, 2014 (before 2 days of visa expiry)
got refused in june, 2014
lodged appeal 2 days later the refusal (June , 2014)
Refusal withdrawn by UKVI in October, 2014
Now, i am willing to withdraw my application because my tier-4 sponsor's licence have been revoked, can anyone please advice me on how will the withdrawal process work and what does it exactly mean s when its stated by UKVI " If your leave has expired while you were awaiting a decision, you will become an overstayer on the date the application is withdrawn and any subsequent in country application that you make will be out of time."
Does that mean i have been overstaying since may till now? :(
Need Expert assistance
REQUEST.

vinny
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Re: Guidance on Withdrawal of apllication

Post by vinny » Fri Nov 07, 2014 3:16 am

Neenup wrote:Does that mean i have been overstaying since may till now? :(
No.
" If your leave has expired while you were awaiting a decision, you will become an overstayer on the date the application is withdrawn and any subsequent in country application that you make will be out of time."
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.
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Obie
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Re: Guidance on Withdrawal of apllication

Post by Obie » Fri Nov 07, 2014 11:52 pm

Just to add to what VInny has said, you still have the right to vary the application, if you are able to get a CASS from another institution, as your current application remains outstanding, and if refused again, you will get another right of appeal.

All these period are counted as lawful residence.
Smooth seas do not make skilful sailors

vinny
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Re: Guidance on Withdrawal of apllication

Post by vinny » Sat Nov 08, 2014 12:21 am

Indeed, it's best to vary an undecided application instead of withdrawing it for the purpose of making an out-of-time application.
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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Frontier Mole
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Re: Guidance on Withdrawal of apllication

Post by Frontier Mole » Sat Nov 08, 2014 12:55 am

But for clarity - you cannot vary a decided application.

vinny
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Re: Guidance on Withdrawal of apllication

Post by vinny » Sat Nov 08, 2014 12:58 am

If they withdrew the refusal, then doesn't that make the application undecided again?
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.

Obie
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Re: Guidance on Withdrawal of apllication

Post by Obie » Sat Nov 08, 2014 1:40 am

That make more sense financially , time wise aswell.

OP will be best advised to get a proper CASS and vary before a decision is made.
Smooth seas do not make skilful sailors

Neenup
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Re: Guidance on Withdrawal of apllication

Post by Neenup » Sat Nov 08, 2014 5:47 pm

Thank you so much for all the replies.
Really appreciate the advise provided by all of you.
my point of withdrawing the application is not to make a new application, instead i want to leave this country due to financial problems.
Once again thanks!!

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