Switching from FLR(O) appeal to Tier 4

[Designercubics]

Hello
My college was revoked by the Home office while i was studying in level 8 (Phd). then the Home office gave me 2 months time to take admission in another university. But since university takes more time for admission in case of level 8 (Phd) so those 2 months were not enough. so i made an FLR(O) application to Home office to grant me more time so i could complete my admission process. and with that application i have also attached the offer letter by the university that they have accepted my admission application.
But the Home office refused my FLRO application saying that they have provided 2 months time already and if that was not enough i should have gone back to my home country and applied from there. they also gave my right of appeal which i practiced. and now my case is due in immigration tribunal in december 2015. Mean while my university is giving me CAS letter for Phd in November. So my question is

Should i still go for hearing in dec? OR

Should i make a Tier 4 application with Home office and withdraw the appeal from tribunal?

How should i do it so my application does not get refused. thanks

[sah10406]

Hello
Mean while my university is giving me CAS letter for Phd in November. ...

Should i make a Tier 4 application with Home office and withdraw the appeal from tribunal?

That would only work if you withdrew the appeal first, which means any new Tier 4 application would be as an overstayer. You need to check your university's policy on this. They may not support a Tier 4 application as an overstayer, and will almost certainly not allow you to enrol until you have the Tier 4 visa in your hand. You need to discuss this with them. They may be assuming you are applying in your home country.

I would expect your credibility to be scrutinised for any new Tier 4 application.

[Designercubics]

So is it better for me to go for the tribunal hearing and see if i am successful or not..?

[sah10406]

Frankly, I can't see it having any chance of success. And meanwhile you cannot start your course, so what would be the point?

My advice would be leave the UK and make a new Tier 4 visa application in your home country. This may entail your sponsor amending your CAS, depending on what is the processing time in your country and what is the deadline for enrolling on this CAS. Be prepared for a credibility interview: your recent actions may give an ECO the impression you have made spurious applications simply to stay in the UK at any price, so this may well raise alarm bells.