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Tier 4 Visa curtailed

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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alcides299
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Tier 4 Visa curtailed

Post by alcides299 » Wed Sep 25, 2013 11:14 am

I am repeating 2 modules without attendace and my University has curtailed my visa, meaning that I must return to my country and re apply for a student visitor visa for the January exams period.

Can I make any appeal to the UKBA asking them to let me stay until January and only then curtail my visa? Visa applications in my country can take ages and there is the chance I wont make it in time.

Also how long do I have before I have to leave? The university informed of the curtailment on the 13th September

Lucapooka
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Post by Lucapooka » Wed Sep 25, 2013 11:39 am

This is normal, the college is obligated to do this, and an appeal will not work. Leave and return.

sheraz7
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Re: Tier 4 Visa curtailed

Post by sheraz7 » Wed Sep 25, 2013 12:12 pm

alcides299 wrote:I am repeating 2 modules without attendace and my University has curtailed my visa,
A tier 4 visa is normally be curtailed when an institute has lost its license/student is not fulfilling its visa conditions such as attendance etc. Therefore, the decision is correct.
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alcides299
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Re: Tier 4 Visa curtailed

Post by alcides299 » Wed Sep 25, 2013 12:37 pm

sheraz7 wrote:
alcides299 wrote:I am repeating 2 modules without attendace and my University has curtailed my visa,
A tier 4 visa is normally be curtailed when an institute has lost its license/student is not fulfilling its visa conditions such as attendance etc. Therefore, the decision is correct.
How long before I am considered an overstayer?

sheraz7
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Posts: 2509
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Re: Tier 4 Visa curtailed

Post by sheraz7 » Wed Sep 25, 2013 1:22 pm

alcides299 wrote:
sheraz7 wrote:
alcides299 wrote:I am repeating 2 modules without attendace and my University has curtailed my visa,
A tier 4 visa is normally be curtailed when an institute has lost its license/student is not fulfilling its visa conditions such as attendance etc. Therefore, the decision is correct.
How long before I am considered an overstayer?
From the next day of your curtailed leave (deadline date).
Please donot send PM. Write in open forum to facilitate others too.
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helpingperson
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Re: Tier 4 Visa curtailed

Post by helpingperson » Thu Sep 26, 2013 8:21 am

alcides299 wrote:I am repeating 2 modules without attendace and my University has curtailed my visa, meaning that I must return to my country and re apply for a student visitor visa for the January exams period.

Can I make any appeal to the UKBA asking them to let me stay until January and only then curtail my visa? Visa applications in my country can take ages and there is the chance I wont make it in time.

Also how long do I have before I have to leave? The university informed of the curtailment on the 13th September
What is the reason of your not attending the college?

What is the duration of your non-attendance, e.g. weeks, months?


What is the date they asking you to leave UK?

vinny
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Post by vinny » Thu Sep 26, 2013 8:57 am

alcides299 wrote:my University has curtailed my visa,
Who actually curtailed your leave? The university or the Home Office?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sheraz7
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Post by sheraz7 » Thu Sep 26, 2013 3:37 pm

To perform the sponsorship duties in compliance of tier 4 policy an institute/university have to report regularly about student to UKBA who in response write directly to institute/student such as curtailment of visa notice etc (if visa conditions not being met).
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helpingperson
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Post by helpingperson » Thu Sep 26, 2013 3:42 pm

sheraz7 wrote:To perform the sponsorship duties in compliance of tier 4 policy an institute/university have to report regularly about student to UKBA who in response write directly to institute/student such as curtailment of visa notice etc (if visa conditions not being met).
I theory, yes . But in practice not everyone/every institute does it.

sheraz7
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Post by sheraz7 » Thu Sep 26, 2013 4:17 pm

helpingperson wrote:
sheraz7 wrote:To perform the sponsorship duties in compliance of tier 4 policy an institute/university have to report regularly about student to UKBA who in response write directly to institute/student such as curtailment of visa notice etc (if visa conditions not being met).
I theory, yes . But in practice not everyone/every institute does it.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Curtailing leave on general grounds
This section tells caseworkers when to consider curtailing a migrant’s leave in the UK on
general grounds.
You must consider curtailment of a migrant’s leave, under:
 Paragraph 323(i) of the Immigration Rules with reference to paragraphs 322(2) - (5)
(which are general grounds for refusal), where:
o they have made ‘false representations’ or did not ‘disclose material facts’ to get
leave in a previous application
o they have not complied with their conditions of leave
o they have not maintained and accommodated themselves and any dependants
without claiming public funds
o it is not desirable to let them remain in the UK because of their character, conduct or
associations or because they are a danger to national security.
Paragraph 323(ii) of the Immigration Rules if they no longer meet the requirements of
the Immigration Rules under which they were grant
ed leave.[/size]
 Paragraph 323(v) of the Immigration Rules where they have, within the first six months
of having been granted leave to enter, committed an offence for which they are
subsequently sentenced to a period of imprisonment.
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