Curtailment of tier 4 visa can be stopped or not ?

[nussixoxo]

Hello,

I took a study leave from my university for one semester and later found out that it would lead to curtailment of my visa.I called my university immigration immediately after that and told them I want to cancel my abeyance and return back to my studies.They said it was completely upto my department to decide and let them know.However my department was not supportive and responding or cooperating with my situation.I found yesterday that I have already been reported by the university on the 6th of July ( I got no emails from university confirming me this until I called them back yesterday again) .My study leave is not affecting my timeline of my visa as per discussed with my department .
Is there any way now if my department talks to the immigration team about this that my curtailment can be stopped and I can return back to my studies in the same visa?

Looking forward to your response.
Thankyou.

[sah10406]

Is there any way now if my department talks to the immigration team about this that my curtailment can be stopped and I can return back to my studies in the same visa?

The report can be withdrawn, but whether the curtailment can be stopped depends how far along it is now. Moreover, these are questions for your Tier 4 sponsor because it will also depend on whether they actually want to withdraw the report and resume your sponsorship.

See SMS Guide 5, Reporting Student Activity, pages 15-21: Guide 2 How to withdraw a previously reported student activity

https://www.gov.uk/government/publicati ... ser-manual

(I have been posting to this board for years, and I still can't figure out how to create hyperlinked text. The URL tool seems to delete the text, not hyperlink it. If someone could break it down step-by-step, that would be nice).

[nussixoxo]

Moreover, these are questions for your Tier 4 sponsor because it will also depend on whether they actually want to withdraw the report and resume your sponsorship.

Hi could you please explain what this means ?
My father is sponsoring for my studies.

[sah10406]

Hi could you please explain what this means ?

Your university.

[nussixoxo]

Hi,

I just talked to my university they said " your visa has already been reported and therefore cannot be withdrawn "

[sah10406]

I just talked to my university they said " your visa has already been reported and therefore cannot be withdrawn "

If they are saying there is no technical way to withdraw it even if they wanted to, then clearly that is not correct. You might want to refer them to the guidance I quoted above.

If they know it is possible, but they are saying they have a policy of not withdrawing reports once they have made them, I advise you ask them for a copy of that policy.

I advise you speak to the most senior person possible.

[nussixoxo]

Hi,

Thankyou for your reply.
I talked to my university.They said they are going to let me know about this soon.
I wanted to know how would I know if my visa is curtailed.And also if the report is withdrawn would my curtailment be stopped?

[sah10406]

I wanted to know how would I know if my visa is curtailed.And also if the report is withdrawn would my curtailment be stopped?

Your university should advise about this.

[nussixoxo]

Hi,

My university just confirmed me that the report cannot be withdrawn. And I would have to take a new visa .

This is what they wrote

"

Our Immigration Team and our Colleagues at LBIC have asked that I contact you with regard to your abeyance and the removal of immigration sponsorship to see if there is anything we can do to support you.

It is clear from the abeyance request submitted on 23rd June 2017 that the reason for your request we due to ill health and that you anticipated that you would not be well enough to return to your studies till September 2017. I understand that you also presented a medical certificate in support of this.

I also understand from my colleagues at LBIC that you would not be in a position to resume your course till September 2017.

You are correct that it is possible to request a reversal of reporting should the situation require, however in these circumstances we will not be able to do so as both medically and academically you are not able to return to your course till September 2017 "

[sah10406]

That's clear then. You will need to request a CAS and make a new Tier 4 application. You can only do that in the UK if you are a PhD student, otherwise it has to be in your home country.

[nussixoxo]

Hi,

Thanks for your reply.
I did talk to my lawyer and he suggested me to write something to my university.
This is what I wrote

"As you have mentioned in the previous mail you have mentioned two reasons that why you can not not take the report back.I discussed this with my lawyer and he has discussed some options with me. I am getting my treatment done in Bangladesh And my doctors here are willing to give certificate of health to resume my education as they are satisfied with my health condition.The pain that I have been complaining about has improved.As for depression I have been going to counsellor and being with my family has helped me a lot to cope up with depression and my doctors can give this in writing.

As long as my academics are concerned Karen Bridges (Director of academic and student services) of LBIC.She said that I can come back in August and enrol with the college. By doing this I won’t be on leave any more. And the leave will be shortened to less than 60 days.I can send you copy of my ticket,making my return in August.

My lawyer has discussed this with me and he also mentioned that if my leave is less than 60 days the report can be taken back.

Also if there is any other legitimate reason left for my report to not being withdrawn please let me know as my lawyer wants to have a look and I would like to discuss it with him."

[nussixoxo]

This is what they write in return

"

Thank you for your email.
In order for you to be allowed back you will need Karen Bridges to give us this authorisation in writing.
As for reporting I have discussed this with my Manager and am told that it is not possible to reverse report as it has been too long since the University reported your visa.
Reverse reporting puts the University and all other international students at risk. There is no tangible evidence to support your claim to reverse report."

[keysersoze22]

Strictly speaking, your University can contact the UKVI as Sah has said to ask if action has been given to curtail your Visa. If no curtailment, ask to see their policy on non retraction of reports

[sah10406]

They already explained to OP:

You are correct that it is possible to request a reversal of reporting should the situation require, however in these circumstances we will not be able to do so as both medically and academically you are not able to return to your course till September 2017

[nussixoxo]

Hi,

Thankyou for your reply.
So there is no way out now for me to return in the visa I already have?

[nussixoxo]

Also if I get a new visa what papers would I have to show.What about the current BRP I have ?
Would I have to submit papers of why I had to apply for a new one?
Is there any chances of my visa refusal?
I will be applying for the same university.Would I have to show my English language qualifications again or the transcripts would be fine?
Do I also have to submit my medical papers that I submitted to uni?

What about my health surcharge.I already paid for it.How will it work?

[sah10406]

Also if I get a new visa what papers would I have to show.What about the current BRP I have ?
Would I have to submit papers of why I had to apply for a new one?
Is there any chances of my visa refusal?
I will be applying for the same university.Would I have to show my English language qualifications again or the transcripts would be fine?
Do I also have to submit my medical papers that I submitted to uni?

What about my health surcharge.I already paid for it.How will it work?

Your Tier 4 sponsor has detailed information and advice about applying for a Tier 4 visa. I don't understand why you are posting questions here when you have access to free specialist immigration advice via your sponsor and via the university it is attached to:

https://www.lbic.navitas.com/microsites ... udent-visa