URGENT HELP REQUIRED MN1 Application in Process - PBD Tier 4 Visa Valid - Have to Travel Urgently to Pakistan

[Hinna786]

Hello Everyone,

I really need an Urgent Help. Let me explain my complete Visa History to clear the situation.

I was on a Tier 4 Visa and my husband and daughter (Born in UK & 3 and half year old now) were on Tier 4 Dependent Visas valid till 30th December 2017..
On 15th June 2017, My Husband Got ILR and we applied for our Daughter MN1 Application soon 11 July 2017.
Although daughter was born in UK we have her Pakistani Passport & BRP Card with visa valid till 30th December 2017 because we had to make few travels. Her MN1 Application is in process and its more than 4 and half months and we haven't received any news from HO. I applied for FLR(M) and got my visa in August 2017.
I was studying PhD but due to some personal issues and hearing loss of my daughter I had to leave my studies. I was still a Student but today my university has withdrawn me from Studies. So now I am not sure whether my daughter's visa will be valid till 30th December 2017? Can my daughter travel back to UK even if University has withdrawn me from studies. I am not sure if she can travel on that same visa.
So Now
My husband is on ILR
I am FLR(M)
My daughter is waiting for MN1 Application but she has a valid Tier 4 dependent Visa until 30 December 2017. We have to travel urgently in next week. My question is that can My daughter travel on that Tier 4 Dependent Visa as we will be travelling back to UK After 1 Week before the visa get expired.
Will there any problem in entering the UK?

[sah10406]

There are many aspects to your situation, making it way too complicated for someone here to advise you properly. I advise you get professional advice as soon as possible.

My expertise is about Tier 4, and you have posted in the Tier 4 forum, so among my concerns would be that:

(1) your own Tier 4 leave ended in August 2017 when it was superseded by your current leave. As such, your daughter's Tier 4 dependant visa (which she still has via 3C leave) does not now make sense; and
(2) your daughter travelling outside the UK on a different passport while her application was pending may have effectively withdrawn her application anyway, so whether she can re-enter on her Tier 4 Dependant visa may be a moot point

I do not have the answers to these concerns, and they may be unwarranted, but all the more reason to get professional help.

[Hinna786]

Thank You So Much for your Reply!!
What about if University does not withdraw the status?? Will my daughter's visa will be valid?

The thing is that if I continue my studies I can get another 1 Year of Studies for my PhD. I am in process of talking with my university. Yesterday they said that they will withdraw if I don't continue but still I am the Student of the university. What if university Allows me to continue my studies for one more year as I don't need new Tier 4 Extension because now I am on FLR(M) than will my daughter's dependent visa will be valid and will allow her to re-enter?

[CR001]

What about if University does not withdraw the status?? Will my daughter's visa will be valid?

Your daughter's visa became void once you switched to FLR(M) as you are no longer a Tier 4 main visa holder, which your daughters status is dependent on. Your tier 4 visa is cancelled now as you hold another visa. This has nothing to do with your university.

[CR001]

(2) your daughter travelling outside the UK on a different passport while her application was pending may have effectively withdrawn her application anyway, so whether she can re-enter on her Tier 4 Dependant visa may be a moot point

No, this is not accurate. Applicants for citizenship are free to travel out of the UK while their application is pending.

[Hinna786]

Thank You CR001

I am little bit confused. Can you please clarify!!
As per your reply my Tier4 Visa is Void now so it means my daughter's tier4 dependent Visa is now also void. Is this you are saying?

Than you said that applicants of British Citizens are free to travel outside the UK. Now when my tire 4 visa is void and according to that my daughter's Tier 4 dependent visa is void than how can she travel outside the UK.

Please clarify me and help me. I really need an urgent help.

[Hinna786]

CR001 so you mean that she can't enter on this tier 4 dependent visa even if it's having a valid date.
This BRP is of no use. Right ?

[sah10406]

(2) your daughter travelling outside the UK on a different passport while her application was pending may have effectively withdrawn her application anyway, so whether she can re-enter on her Tier 4 Dependant visa may be a moot point

No, this is not accurate. Applicants for citizenship are free to travel out of the UK while their application is pending.

Good to know. I did give a health warning, and I'm happy to be corrected on the point.

[Hinna786]

Can anyone tell me is my daughter's tier 4 dependent visa is valid to re-enter the UK or it is void and can't be used to re-enter.

[sah10406]

Can anyone tell me is my daughter's tier 4 dependent visa is valid to re-enter the UK or it is void and can't be used to re-enter.

There are many aspects to your situation, making it way too complicated for someone here to advise you properly. I advise you get professional advice as soon as possible.