Urgently need help after losing sponsorship

[nurmiani]

I am newly 18. I came to the UK just over 7 years ago (age 11) from Indonesia. I have lived here ever since on consecutive and unbroken Tier4 child student visas.

I was brought to UK by my grandparents :- my Indonesian maternal grandmother and my UK citizen step-grandfather. I have always lived with them while in the UK and they pay my school fees. They have been my defacto parents and main providers since my birth (my then teenage birth parents immediately separating and my single mother unable to raise me on her own). My grandparents are also my Special Guardians by UK court order 2018 and my step-grandfather is my legal guardian by Indonesian court order.I have only ever returned to Indonesia once (2018) and even then for only 3 wks within my school holidays.

A week ago I was expelled from my Independent school for a moment of madness. My school confirmed to me today that they had informed the HO and cancelled my tier4 sponsorship.

Given my situation, what do you think I can expect in the short term (letters from HO) ?

Also (and equally impportant) what do you think my longer-term chances are of an application for discretionary leave to remain in the UK based on the family circumstances I outline above.



Thanks for any Help.
Stan

[ALKB]

I am newly 18. I came to the UK just over 7 years ago (age 11) from Indonesia. I have lived here ever since on consecutive and unbroken Tier4 child student visas.

I was brought to UK by my grandparents :- my Indonesian maternal grandmother and my UK citizen step-grandfather. I have always lived with them while in the UK and they pay my school fees. They have been my defacto parents and main providers since my birth (my then teenage birth parents immediately separating and my single mother unable to raise me on her own). My grandparents are also my Special Guardians by UK court order 2018 and my step-grandfather is my legal guardian by Indonesian court order.I have only ever returned to Indonesia once (2018) and even then for only 3 wks within my school holidays.

A week ago I was expelled from my Independent school for a moment of madness. My school confirmed to me today that they had informed the HO and cancelled my tier4 sponsorship.

Given my situation, what do you think I can expect in the short term (letters from HO) ?

Also (and equally impportant) what do you think my longer-term chances are of an application for discretionary leave to remain in the UK based on the family circumstances I outline above.



Thanks for any Help.
Stan

Under the same username, your step-grandfather has posted here that he is living in France under the Withdrawal Agreement and that his wife, your grandmother is planning to join him in France.

If you have always lived with them, what were and what are now the plans for you?

An application under discretionary leave due to family ties in the UK will be difficult if those family ties are either already living in France or in the process of relocating there!

[nurmiani]

Hi thanks for your reply.

I'll be honest : This is the step-grandfather writing this. We are obviously consumed with worry over this situation. I thought a post appearing to come from a worried teenager would elicit desperately needed responses. But the situation is exactly as described.

Regarding France : Our long term plan (ie in that perfect but now unattainable world where my grandson finishes A-levels in 2024) has always been that the three of us move to France (where I have family links) permanently in 2026. I do hold rights under Brexit WA and have since late 2020 split my time between our household in the UK (ie my wife and grandson) and France (where I have been preparing the groundwork for our move). The situation of my grandson's expulsion has forced us to consider vastly accelerating this plan.
I hope that makes things clearer and my apologies for obfuscating.

To add - we are also responsible for another child who is British and is currently still in his first year of A levels. We would vastly prefer that our move to France be not so forcibly made at this moment, for his sake. As you can imagine - this has become so so complicated.

So if anyone could help us with a couple of further questions :

(1) From my research so far, I have gathered (please correct me if i am wrong) that his application should be on the Private Life option on the FLR (FP) form.

(2) Is there the obligation for a SELT English test on this route. It is not a settlement application - merely a FLR. I note that English test is a must for settlement, but cannot find refence to it when its not for settlement


Thanks and Best
Nurmiani

Thanks for any help you can be.

[kamoe]

Special guardianship orders usually last until the child turns 18.

I believe the first thing you need to do is to confirm if that is still the case, or if, as it might be, you no longer have parental responsibility for him.

[kamoe]

Also, he is legally an adult now. That is going to complicate every visa application he will make. I'll let more knowledgeable members to comment on his options to stay in the UK, but 'm not sure how easy it would be for him to follow you to France if he's never had a family visa while he was a minor in your care. Why didn't you have him switch to a family visa from a Tier 4 visa when the court order was issued?

Last but not least, he seems to be making some strong decisions there. It will be important to confirm if he indeed wishes to follow you. He could decide not to!

Best of luck.

[nurmiani]

Hi thanks for your replies so far.

In answer to Kamoe's questions :

Yes, we are aware that the Special Guardianship order only lasts till age 18 (our grandson turned 18 only 2 months ago)
We weren't able to make transfer a tier4 student to a family visa solely on the back of a special guardianship arrangement. Adoption would have been a different story but this was impossible in Indonesia as it doesn't recognise Hague convention..
Regarding France - this is a backup option only in desperation. Please ignore for the time being.

We feel that he has built up a private life in the UK and that there would be obstacles to his reintegration into Indonesia (doesn't really speak Indonesian or have knowledge of culture etc) and that it would breach both his and ours (his grandparents, guardians-, sole providers and de facto parents) right to a family life.
Just looking for advice on how to make the urgent private life application -

1) We presume it is Form FLR (FP) - option Private Life
2) We presume that article 8 right to family life is automatically considered as part of this application. If not, is there anything specific or additional we need to signal to HO the effect that we would like article 8 to be considered ?
3) The school has told us that they have informed the HO that sponsorship has been cancelled (and therefore student visa ?). But we have heard nothing from HO. Any advice or info or timeframes and imminent communications we can expect.
4) Does the cancellation by the school of student sponsorship mean that the BRP is immediately invalidated - or is there an interim period during which the BRP is still valid.

Thanks for any help you can be
Nurmiani
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