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General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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jami101
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DLR

Post by jami101 » Thu Feb 25, 2016 7:27 pm

Hello guys i need quick help

at the moment I am on tier 4 visa, which expires on march 30, 2016. I am still not finished with my studies, university is not allowing me to extend visa because they think they can't issue further CAS number.


SO situation is My partner is pregnant, we are thinking to apply visa on her medical grounds.

My questions:

Can I continue my studies?
Do you think we will get visa on medical grounds?

Regards
Jami

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Casa
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Re: DLR

Post by Casa » Thu Feb 25, 2016 7:29 pm

Is your partner here on a Tier 4 dependent visa?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: DLR

Post by Wanderer » Thu Feb 25, 2016 7:41 pm

jami101 wrote:
SO situation is My partner is pregnant, we are thinking to apply visa on her medical grounds.

My questions:

Can I continue my studies?
Do you think we will get visa on medical grounds?

Regards
Jami
Assuming neither of you is British or on ILR, no chance. And anchor babies don't work.
An chéad stad eile Stáisiún Uí Chonghaile....

jami101
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Re: DLR

Post by jami101 » Thu Feb 25, 2016 10:14 pm

CASA
yeah i am on tier 4 and she is tier 4 dependent

jami101
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Joined: Thu Feb 25, 2016 7:09 pm

Re: DLR

Post by jami101 » Thu Feb 25, 2016 10:16 pm

Casa wrote:Is your partner here on a Tier 4 dependent visa?

yeah she is.

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Casa
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Re: DLR

Post by Casa » Thu Feb 25, 2016 10:34 pm

In which case, pregnancy isn't considered as an exceptional reason to remain in the UK due to medical reasons. Also bear in mind that if your wife has no valid leave to remain, she would be liable to pay all NHS charges connected with her pregnancy...and this is calculated at 150% of the costs. The cost of the birth alone could be well over £2,000.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: DLR

Post by noajthan » Thu Feb 25, 2016 10:51 pm

jami101 wrote:Hello guys i need quick help

at the moment I am on tier 4 visa, which expires on march 30, 2016. I am still not finished with my studies, university is not allowing me to extend visa because they think they can't issue further CAS number.


SO situation is My partner is pregnant, we are thinking to apply visa on her medical grounds.

My questions:

Can I continue my studies?
Do you think we will get visa on medical grounds?

Regards
Jami
Medical grounds?
It's not an illness - and it shouldn't be too much of a surprise.

UKVI offer no special visa concessions to pregnant Tier 4 visa holders.

You are expected to file a suspension of studies with University.
University advises UKVI & the visa is normally curtailed.
Not sure if yours will be curtailed or just allowed to time out as it only has a few weeks to run anyway.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jami101
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Re: DLR

Post by jami101 » Thu Feb 25, 2016 11:34 pm

thanks for reply guys. I spoke to university they said you can apply visa on wife medical grounds. once you apply bring us receipt of visa and we will report to the UKBA. UKBA will decide whether i can continue studies or not.

Secondly, i spoke to barrister he said you can pay NHS fee and send application as DLR. In this case you will not be liable to pay pregnancy charges.

I am not sure if that will work, i need to send an application, i don't want to be overstayer, but i need to finish studies and go back home country to resumes my job.

Further guide appreciated. thanks.

jami101
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Re: DLR

Post by jami101 » Thu Feb 25, 2016 11:37 pm

and one more thing, university said you can go home country come back on short-term visa, i was fine, but unfortunately, travel line did not accept my wife due to their policy of pregnancy, so at all cost i must apply.
really confused???????????????????????

Wanderer
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Re: DLR

Post by Wanderer » Fri Feb 26, 2016 10:21 am

jami101 wrote:thanks for reply guys. I spoke to university they said you can apply visa on wife medical grounds. once you apply bring us receipt of visa and we will report to the UKBA. UKBA will decide whether i can continue studies or not.

Secondly, i spoke to barrister he said you can pay NHS fee and send application as DLR. In this case you will not be liable to pay pregnancy charges.

I am not sure if that will work, i need to send an application, i don't want to be overstayer, but i need to finish studies and go back home country to resumes my job.

Further guide appreciated. thanks.
You've been ill-advised;
If you suspend your studies for personal or academic reasons (e.g. illness, pregnancy, maternity or paternity leave, financial reasons) then UK Visas and Immigration (UKVI) will normally expect you to leave the UK within 60 days unless you are not medically able to do so. In the case of pregnancy, you may not be able to return home if you are in the late stages of pregnancy. Suspension of studies at is normally recorded by Registry as a Leave of Absence (LoA).

If you hold a Tier 4 visa issued using a CAS number, the University is obliged to report your LoA to UKVI who may cancel your visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: DLR

Post by Casa » Fri Feb 26, 2016 10:29 am

@Noajthan It's the Tier 4 dependent who is pregnant and the OP is intending to submit a DL application on the basis of her pregnancy.

@jami101university you have said "the University is not allowing me to extend visa because they think they can't issue further CAS number." So why do you believe that the UKBA (now the UKVI) will decide whether you can continue your studies or not, when the University are not issuing a further CAS number? :?:

As Wanderer has said 'anchor babies' don't work.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jami101
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Joined: Thu Feb 25, 2016 7:09 pm

Re: DLR

Post by jami101 » Fri Feb 26, 2016 11:19 pm

CAs is issued when students need to apply or extend visa. innit. University says that you can continue studies but we will not issue CAS for visa extension.

So if i apply DLR i can continue studies as far as university is concerned, but what about UKVI, will they allow me to contunue studies until they decide on my application?

I know i may not get visa on partner pregnancy basis, but i have no other option to apply DLR because we are very late pregnancy stage, we can't travel home country.

I am not sure wheather i am bale to explain my situation!!!

noajthan
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Re: DLR

Post by noajthan » Sat Feb 27, 2016 4:12 am

Casa wrote:@Noajthan It's the Tier 4 dependent who is pregnant and the OP is intending to submit a DL application on the basis of her pregnancy.

....
@Casa, well-noted.

But OP's student visa is about to expire.

My understanding is a student visa is required to pursue studies, ie a Tier 2 visa; (unless OP qualifies in some way under EU rules ofcourse).
My further understanding is a student can't chop & change willy nilly without buy-in & a CAS from University (who liaise with HO as proxy immigration officials).

It seems in this case OP has been advised no CAS will be forthcoming. So it seems the OP's student phase is ending.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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