Carry on with appeal or withdraw and apply for a new visa

[Tiger2410]

Hi there,

My tier4 visa has been cancelled at the airport because an immigration officer didn't believe I was going to carry on studying and because I mentioned that I was going to get married soon.

I've appealed but I'm not likely to win this appeal on the ground being a genuine student as I can't pass an English exam which is required to enter the university because I don't have my passport which they took at the airport.

But we are planning to marry (have already given a notice) and the solicitor says we have to do it as soon as possible. The solicitor also recommends after the marriage to withdraw the appeal and apply for a spouse visa or go back to my country and apply for a spouse visa from there (which makes me a bit scary because it takes at least 12 weeks and I don't want to be without my partner for such a long time).

I also found on the interned that after you lose an appeal you have 28 days during which you can apply for another type of visa (not the same you were appealing about). Is that correct information.
And if so, then whether it's not the best option for me to go ahead this rut, as my also problem is that I can't sit any English exam as my passport has been withdrawn as well.


I would be very appreciated for any answers as I'm very confused at the moment.


Thanks, Nika

[Obie]

You will be entitled to have your human right dealt with at the curtailment hearing.

However if your withdraw your application, you will be left with leave, and you will find it hard to switch in the UK.

[Tiger2410]

So what would you recommend?? ...maybe we should to go ahead with the appeal, give the Home Office notice that we are going to change our grounds of appeal (right on a family life) and try to win this appeal based on this grounds?

Thanks for any suggestions as I'm really desperate

[Obie]

I am not sure what your solicitor is on about, but I believe section 85 (3) or (4) will permit the court to look at the situation as it arises on the day of the hearing.