Tier 4 Visa Curtailed or NOT ?? (URGENT)

[mayunkalu]

Hello,

In essence, my 1 year Masters which started in Sep '15 ended earlier (on the 31st of Jul '16) than the intended date on the CAS (9th Sep '16). Naturally I got an e-mail from my University about the reporting to the home office about my early completion and a warning about a potential curtailing of my VISA on the 12th of Aug '16. One of the e-mails said it would be curtailed in 2 months (so 12th of Oct '16) and another said 2/4 months.

While I was making plans to leave on the 12th of Oct, a class mate from my home country on the same course said that she and the other international students on the same course will be staying in the UK until the original expiration of our VISA which is the 29th of January '17 as stated on our or CAS and BRP as none of us has got a official letter from the home office or any other government authority confirming the curtailment of our VISA.

As you can imagine I am in a bit of a pickle as I would love to stay in the UK until the original end date of my Visa, and have made extensive plans inclusive of exploring this lovely country with my girlfriend and finding a potential sponsor for a work permit to stay here longer.

So please advice, should I stay until the end of the expiration of my original Visa as I have had no formal notice from the home office about a curtailment or should I play it safe and leave, and if so when ? (12th Oct or 12th Dec)

Thanks !

[sah10406]

Your Tier 4 leave should be curtailed to what it should have been for a 10-month course ending on 31 July 2016, i.e. course + 2 months = curtailed to 30 September 2016.

I don't think it is reasonable to expect to be able to stay in the UK for 6 months on a Tier 4 visa without studying.

I advise getting advice from the International Student Adviser at your university.

[mayunkalu]

Your Tier 4 leave should be curtailed to what it should have been for a 10-month course ending on 31 July 2016, i.e. course + 2 months = curtailed to 30 September 2016.

I don't think it is reasonable to expect to be able to stay in the UK for 6 months on a Tier 4 visa without studying.

I advise getting advice from the International Student Adviser at your university.

Thanks and I have, and they said the something thing the UKVI of the university said; that I should expect the home office to curtail my Visa to two months since the day of their reporting, which was the 12th of Aug.

My classmates in the same situation have travelled outside of the UK and come back after the reporting by the University on the same student visa without any problems. Is that an indication that the home office has not curtailed our visa as the report date of early completion and the intended competition date (9th Sep) was very close or any other reason?

[sah10406]

Is that an indication that the home office has not curtailed our visa as the report date of early completion and the intended competition date (9th Sep) was very close or any other reason?

No idea, but I have to say the whole thing seems fishy to me. Why are so many people ending their course early? Is the university fudging the course dates to get their students a 16-month visa for a 9-month course? I wouldn't be surprised if UKVI is investigating!

[keysersoze22]

Working in this sector, I can tell you that Early completion reports give you +4 months at the end of your Visa regardless. I see Sah's point, and they are correct, however they just assess it based on the CAS. Very dodgy but hopefully just a genuine error.

If you haven't received a letter yet from the UKVI, chances are you won't receive a letter. They'll note it but won't take curtailment action. Safe move would be to ask the person who reported you to ask their account manager (give your consent) to ask if any curtailment action has taken place.

[mayunkalu]

Is that an indication that the home office has not curtailed our visa as the report date of early completion and the intended competition date (9th Sep) was very close or any other reason?

No idea, but I have to say the whole thing seems fishy to me. Why are so many people ending their course early? Is the university fudging the course dates to get their students a 16-month visa for a 9-month course? I wouldn't be surprised if UKVI is investigating!

Sorry I guess it does, let me add some context; this is the first time my (highly irresponsible) University is conducting a Msc which has no dissertation but instead extra modules to compensate, so my classes ended early compared to all the other Msc's which have a dissertation ending on the 9th of Sep. Which for some reason is the same intended end date on my CAS (I figured this was due to very poor planing and communication on their behalf as they thought my course would end on the 9th but unlike the other Msc's mine ended earlier).

The other (international student) class mates I referred to are also on my (special) Msc. and it was about 15 of us.

I guess this is a very special case, while I'm still unsure if I should stay, I really appreciate your advice. Thanks!

[mayunkalu]

Working in this sector, I can tell you that Early completion reports give you +4 months at the end of your Visa regardless. I see Sah's point, and they are correct, however they just assess it based on the CAS. Very dodgy but hopefully just a genuine error.

If you haven't received a letter yet from the UKVI, chances are you won't receive a letter. They'll note it but won't take curtailment action. Safe move would be to ask the person who reported you to ask their account manager (give your consent) to ask if any curtailment action has taken place.

Thank-you ! I will try and get in touch with the account manager.

[sah10406]

Working in this sector, I can tell you that Early completion reports give you +4 months at the end of your Visa regardless.

The guidance on Curtailment is a bit of a mess. It says that's what should "normally" happen, but it is saying this in the context of advising that the curtailment date should not be the standard curtailment period of 60 days, but the wrap-up period the student is entitled to. It then goes on to explain the correct wrap-up period for different lengths of courses, so I don't think it's clean cut about what should happen when a course ends so early that it is now in effect a course with a shorter wrap-up period.

The wording is very sloppy, even for the UKVI, so I would advise caution and assume +2 months if the course has now moved into the <12 month bracket.

https://www.gov.uk/government/uploads/s ... tv16.0.pdf > page 59

[keysersoze22]

Agreed; More often than not UKVI will go against CAS length to work out, but that's why the previous advice (University to Account Manager) is the only one you can really go to atm.

[fnoman786]

True say!

[Casa]

True say!

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