Withdrawn from study due to sickness new CAS and new Visa

[ovibuet]

Hello altruists,

I have been withdrawn from study due to being under section 2 which is a detention for mental health assessment.

Now my uni is saying, I can return to my study but the compliance team has reported my non-student status to the UKVI. Hence, I will need a new CAS and new Visa.

My question is do I need to go back to my home country to get a new visa?

The problem is, even I am issued a new CAS, I don’t have enough time to get a new visa even being within UK because the January semester starts on 15th of January and today it is 23rd of December already.

[meself2]

Haven't been called an altruist before, that's a new one.

Back to the topic - are you currently in UK, on the student visa that you were previously issued?
When does your visa expire?

[ovibuet]

Hello,

Thanks for your reply.
Yes, I am in the UK now, visa expires in May. But, the compliance team says that I will need “a new CAS and new visa to be enrolled with attendance.”

I don’t know what other options they re going to offer.

[sah10406]

My question is do I need to go back to my home country to get a new visa?

Yes. It seems likely that the university has explained this, and they may assume that you have already returned home in order to apply for the new visa.

The problem is, even I am issued a new CAS, I don’t have enough time to get a new visa even being within UK because the January semester starts on 15th of January and today it is 23rd of December already.

That is certainly a problem, but one that only your university can find a solution. It sounds like they will need to defer your re-start to allow time to go home and make the new visa application.

[ovibuet]

My question is do I need to go back to my home country to get a new visa?

Yes. It seems likely that the university has explained this, and they may assume that you have already returned home in order to apply for the new visa.

The problem is, even I am issued a new CAS, I don’t have enough time to get a new visa even being within UK because the January semester starts on 15th of January and today it is 23rd of December already.

That is certainly a problem, but one that only your university can find a solution. It sounds like they will need to defer your re-start to allow time to go home and make the new visa application.

Actually, they didn’t mention whether I have to go back to my home country or not. The faculty registrar has referred me to the CAS team and said that CAS team will let me know what to do to return to study.

Is it possible to get a new visa from within the UK?

Thanks in advance.

[sah10406]

Is it possible to get a new visa from within the UK?

Already answered above!

My question is do I need to go back to my home country to get a new visa?

Yes.

[ovibuet]

Thanks a lot for your reply!

[Frontier Mole]

Have you received a visa cancellation letter from UKVI? Until you receive the letter you can remain in the U.K. If you have not received a visa cancellation letter at the point you receive your CAS or if you are still within the end date of the cancellation letter you can apply in the U.K.

[ovibuet]

Have you received a visa cancellation letter from UKVI? Until you receive the letter you can remain in the U.K. If you have not received a visa cancellation letter at the point you receive your CAS or if you are still within the end date of the cancellation letter you can apply in the U.K.

Thanks a lot for your to the point reply. This is the answer I was looking for!

I haven’t received the visa cancellation letter from UKVI yet and I am hopeful to receive a CAS before my present visa is cancelled.

Thanks again.

[sah10406]

This is the answer I was looking for!

I'm sure it is, but it is only correct if you are doing a PhD, repeating a module, or re-sitting an exam. Hopefully that is what you are doing.

In all other situations, the substantive requirement of paragraph ST 14.1 applies to applications made in the UK ("applying for permission to stay"), but not to applications made outside the UK:

ST 14.1. An applicant who has, or previously had, permission as a Student and is applying for permission to stay as a Student must have successfully completed the course of study for which they were last granted permission as a Student [...]

See the exceptions from academic progress at Appendix Student paragraphs ST 14.4(a) [for a PhD] or ST 14.4(c) [for resits and repea modules].

[ovibuet]

This is the answer I was looking for!

I'm sure it is, but it is only correct if you are doing a PhD, repeating a module, or re-sitting an exam. Hopefully that is what you are doing.

In all other situations, the substantive requirement of paragraph ST 14.1 applies to applications made in the UK ("applying for permission to stay"), but not to applications made outside the UK:

ST 14.1. An applicant who has, or previously had, permission as a Student and is applying for permission to stay as a Student must have successfully completed the course of study for which they were last granted permission as a Student [...]

See the exceptions from academic progress at Appendix Student paragraphs ST 14.4(a) [for a PhD] or ST 14.4(c) [for resits and repea modules].

Yes, my case is similar to this one as you mentioned. I have just the individual project to complete and I fell sick when I am supposed to do this module. Hence, I will need to work on my project to complete my degree.

Can you please tell me where can I find the ST 14.4(c) paragraph?

Thanks in advance.

[lolo2]

Edit

[lolo2]

I think that this situation needs to be addressed directly with the university.

From your own comments, you are still waiting for a new CAS and the programme is commencing soon. The university might not provide that new CAS now due to time constraints and advise you to defer your enrollment to the next intake. In such case, they also might advise you to complete the new application from your home country, which is the more sensical way to do this.

Also you mentioned that your case is related to mental health issues and normally the HEIs have specific provisions to deal with these situations.

Contact again and/or wait for a response from the CAS team - or whatever name they have at your university - or the programme coordinator and proceed accordingly.

[ovibuet]

Thanks a lot for your reply. You are making good sense, but going back to my country and get a new visa is not feasible for me for various reasons. Let’s see what the University tells.