Wife going back hom to US but returning to UK after course f

[zeddie]

Hi all,

Im hoping you guys can help with this..

The situation is that my wife is a US citizen and we are legally married in the UK. She is however here on a student visa which expires late 2017. She has just finished her course and her final exams. She is awaiting graduation in July. She wants to visit family members in the US before her graduation and then return in 2 weeks back to the UK.

We have been told by our immigration advisor that this is a big risk? That they will probably let her back in only as a visitor as she has finished her course. My question is that does she even have to declare that shes now finished her course on arrival back to UK? Can she say that she might have resits and that her results are not out yet etc?

Basically our plan is to apply for spouse visa in country once she is back.. But she cant do that if she is let back in as a visitor and not a student! She has to go to the US asap for personal reasons so she cannot apply for the spouse visa in country first and then go.

http://www.internationalstudents.cam.ac ... ur-studies

That link seems to say she has a 4 month wrap up period in which time the uni is still her sponsor.. so im guessing it should be ok to come back in on the same student visa? Just need some advice on what to say at Heathrow immigration on her return..


Thanks guys for helping us in this urgent situation.

[CR001]

Wouldn't it make sense to apply for her spouse visa BEFORE she travels? Sooner might be better than later in this case to avoid unnecessary complications.

[zeddie]

Hi,

As I mentioned theres a family emergency so it literally cannot wait (( Original plan was to apply first for spouse visa then travel.

If the worst happens and she is let in only as a visitor then she has to go back to US and apply for spouse visa. Im not sure if that's easier than applying in country and how long the whole process will take?

thanks

[CR001]

Applying in country is much easier and you can apply in person for a same day decision.

Your/partner choice, your/partner risk.

[cs95tdg]

Not exactly the same, but I have been in a somewhat similar situation in the past while studying in UK on a student visa.

I left the UK to backpack around Europe for a month between final exams and graduation.

From memory I only had around 2-3 months left on my visa when I left on my travels. When re-entering through immigration I mentioned that I was returning to attend my graduation ceremony and I was readmitted as a student. So it shouldn't be a problem so long as she explains her reason for re-entering when she returns.

[sah10406]

So it shouldn't be a problem so long as she explains her reason for re-entering when she returns.

This is not sound advice. It is very risky to attempt to use a Tier 4 visa to enter the UK if your sponsored studies have already finished. And re-entering as a visitor would be fairly pointless, as you say.

But why is she looking at returning as a student or coming as a visitor anyway? Surely she should be applying for a spouse visa, and re-entering the UK on that basis?

[CR001]

But why is she looking at returning as a student or coming as a visitor anyway? Surely she should be applying for a spouse visa, and re-entering the UK on that basis?

She should apply for a spouse visa before she travels (same day decision appointment will work). She can switch to spouse visa within the UK from Tier 4.

[cs95tdg]

So it shouldn't be a problem so long as she explains her reason for re-entering when she returns.

This is not sound advice. It is very risky to attempt to use a Tier 4 visa to enter the UK if your sponsored studies have already finished. And re-entering as a visitor would be fairly pointless, as you say.

But why is she looking at returning as a student or coming as a visitor anyway? Surely she should be applying for a spouse visa, and re-entering the UK on that basis?

If she is able to apply for a spouse visa before leaving then that would certainly be the best and most straightforward way to go. I wasn't aware that there was a same day service, but as CR001 has confirmed it seems straight forward enough - hopefully the Op's wife is able to get a same day appointment before she needs to travel.

As far as re-entering as a student after exams but before graduation, the rules at the time and I believe still are that you are considered a sponsored student (so long as you still have a valid t4 visa at time of re-entering) until such a time you receive your grades & have graduated. So hence my comment above. I recall enquiring about this before making travel plans & leaving at the time, as I didn't want to be in the position that I wouldn't be re-admitted as a student when I hadn't received my final grades (know whether I had to resist any papers etc...) or graduated.

[sah10406]

As far as re-entering as a student after exams but before graduation, the rules at the time and I believe still are that you are considered a sponsored student (so long as you still have a valid t4 visa at time of re-entering) until such a time you receive your grades & have graduated.

Where are you reading these rules? Link?

It is an overarching principle of the UK immigration rules that you have a visa for the purpose you are entering. A Tier 4 visa allows you to enter the UK to undertake your sponsored studies, dates as outlined on the CAS you used to obtain the visa. Moreoever, OP's wife is not entering the UK to continue her studies anyway, but to be with her husband. Hence she needs spouse leave, not student leave or visitor leave.

[cs95tdg]

I suspect the OP has received the guidance required, but will respond to the last question addressed to me to conclude. I was quoting personal experience, information received at the time was first through my university international students advisory service and then written guidance from the HO on request for clarity (I planned my travel & return well in advance of exams). I appreciate rules and guidance can/does change over time & possibly vary depending on who you speak to, so am certainly happy to be corrected, as it has been a while since I was a international student.

I do also realise in this case the intent was to return to both attend graduation and thereafter apply for a spouse visa so not exactly the same circumstances as was the case for me. Having entered this country under many different visa categories throughout the past, I agree with what you have stated that when re-entering the UK you must have a visa that is valid for the purposes you are entering. I think the area which we differed on is that you would be still considered a student until the point you graduate purely based in my experience explained above.

[sah10406]

I think the area which we differed on is that you would be still considered a student until the point you graduate purely based in my experience explained above.

Can you post or upload the written guidance from the Home Office which confirmed you can re-enter on a Tier 4 visa even after the course for which the visa was issued has finished? Ideally a screen grab showing the date and name of the person who gave the advice?

[CR001]

I appreciate rules and guidance can/does change over time & possibly vary depending on who you speak to, so am certainly happy to be corrected, as it has been a while since I was a international student.

I believe that very few are fortunate these days to get away with what you have done and most would not think about traveling due to the potential risk of not being allowed re-entry to attend graduation. Given the years of abuse of the student visa, they have really become quite strict.

[cs95tdg]

Yes, I can see what you mean, with all I've seen around immigration abuse in the news over the years. I mentioned it because quite a few of us who were international students travelled like that at the time & after - so didn't think I was taking a risk at the time. I carried evidence of my student status when travelling in the event it was requested. But as you've mentioned times have changed.

I'm not sure I've got letters from my student days with me here now, but will share if I'm able to find them. I only began scanning HO correspondence when I returned as a skilled migrant.

[sah10406]

But as you've mentioned times have changed.

That's for sure. Now I know this happened some time ago, it's clear that the guidance you received at the time would not be relevant or useful to OP. Thanks.