Student Visa Curtailed

[Private]

Hi Guys, would appreciate if you could offer me some advice on this matter.

I am currently studying an undergraduate degree in the UK under a tier 4 visa. My tier 4 visa was issued after October 2009 which meant if I took a year off, I'd need to go back to my home country further translating to re-enrolling for final year come Sept 2012. Anyway, I was able to complete the first 2 years of my 3 year degree without any problems until the beginning of my final year. Along the line I had a few personal issues which meant my studies was suspended or deferred in December. This meant I would have needed to travel back to my home country which I was ready to do.

February 2012, I was prepared and ready to leave, also informing my uni I was prepared to leave as well however unfortunately my state of residence in my home country became a security risk with Islamist attacks, jailbreaks and bombings. Understandably, my family were concerned and persisted I stayed back in the UK because of the inherent dangers. I also duly informed my uni about the scenario and explained fully to them the risks involved and my new reluctance to travel especially at the final hurdle of my degree. Also provided news paper reports, links and articles including from the BBC's news website.

Long story short, fast forward a few months, I got a letter from UKBA that my visa has been curtailed. I had thought my uni would inform them of the reason why I couldn't leave. However I now intend to re-apply and just wanted to know if I had any grounds for refusal.

During my inactive period in the UK, I have being mostly reading, took a few music lessons, helping a friend mum's charity and other extra curricular activities. I'd also quit my job immediately in Dec and have not worked for the whole year till present whilst receiving upkeep from my parents. Never had a criminal record nor arrested. Also never worked more than 20 hours in the UK except during holidays, my yearly income from jobs for the last 3 years is about £4000-£8000. I also intend to provide them with reasons why I could not travel including with news reports and others.
Will all this be proof enough to the UKBA to grant me an extension/renew my visa.

[Greenie]

Regardless of any reasons you might have for wanting to remain in the UK, your university is required to inform the ukba if you cease studying. It is not the university's. Responsibility to tell the ukba why you want to stay here, it is yours. You should have been given a right of appeal against the decision to curtail your leave-if so have you appealed? On what date was your leave curtailed?

Have you spoken to your uni about whether they are willing to issue you another Cas?

[Private]

Well, I have now accepted that is my own fault for not sending a letter or informing the UKBA of my decision. The letter stated no right to appeal but gave me a chance to re-apply for a new visa. Date of curtailment is 30th July.

My uni is also willing to supply me with another CAS and also a letter from the International office acknowledging I had informed them of my reason why I could not travel.

[Greenie]

When are you going to resume your studies?

[Private]

September 2012

[Greenie]

What date in September?

[Private]

24th September

[Greenie]

If the gap between the start date of your course and the end of your current leave is more than one month so your application is unlikely to succeed if you apply in country. Would suggest you speak to the international student advisors at your university.

[Private]

Thanks for your replies.
Well, that's a new one bout the length of my current leave to resumption date. I have started to get my application process rolling already with my solicitor. Bit miffed I was offered no right to appeal, also considering the huge sum of money expended over the course of my degree, only to get refused for my finals. I'd like to think they could offer me discretion in this case. I think I may just go further to involve my local MP in this. My only wish is just to finish a degree and leave at the end of my studies. Not like I'm pushing for a stay in this respect.

[Greenie]

You have no right of appeal because you still have leave to remain. Your other option is to return home and apply from there.

[Private]

If returning, surely that would mean I'll get very little chance of a renewal. I can't believe my luck. All I need is to complete my Bio. degree and here I'm facing a brickwall because of some extremely rigid guidelines even though I have a genuine cause.

[Greenie]

As long as you haven't breached the conditions of your leave whilst here, then an application for entry clearance should be granted. Given that you have already instructed a solicitor to help you with your application I would suggest speaking to him or her about your options.

[Deviser]

I want to know one thing. Did UKBA sent any warning letters to you before or you just suddenly got final decision that your visa has been curtailed? Or did your sponsor told you anything about visa curtailment before UKBA letter?

[Private]

I got neither. No fore-warnings or anything of such. Just a letter from the UKBA stating my visa had been curtailed. Indeed, down to ignorance on my part I had failed to report my non-travelling status to them but now I am faced with an insurmountable ordeal. Whilst dormant, I had only being reading and a few extra curricular activities. No jobs or nada throughout this year. Checks on my NI number can prove this.