Is my student visa still valid after a new visa application refusal?

[kungminhuang]

Hello, I am a Tier 4 student visa holder. I am just about to graduate from my 3 years BA degree. My visa expires in October. I left the UK on 23rd May to make a visa application for Tier 5 Youth Mobility Scheme, which requires me to apply outside the UK. My visa application was unfortuately unsuccessful due to some mistakes which were made by the office as I believe, and I am asking for an administrative review.

My question is, can I still come back to the UK with my Tier 4 student visa? I am aware that once I get a new visa my old visa will be automatically cancelled, but in my case my application for a new visa was denied and is in administrative review process now. Is my student visa still valid at this point? Is there a way I can check it? And if I enter the UK will it affect my administrative review which was submitted outside the UK in any way?

My graduation will be in July. I don't wish to miss it. Can someone clarify this for me? Thank you!

[vinny]

Risky, unless you can rely on

It was common ground that leave granted to a student is usually for such a period as to complete the formalities of the course and to attend for personal graduation.

[kungminhuang]

Hi vinny, thank you for your reply. I understand there is always a risk entering the UK with the student visa while it almost expires. I just would like to know if my student visa is still valid after my application for a new visa got refused and is pending an administrative review?

[sah10406]

I understand there is always a risk entering the UK with the student visa while it almost expires.

I think you have misunderstood vinny's advice. It is not an issue in itself that your visa is almost expired. The problem is that you want to enter the UK on a student visa but you are not a student. You risk being refused entry.

[kungminhuang]

Hi sah10406, thank you for your reply. The situation is that I don't even know if my student visa is still valid or not, since I have made an application for a new T5 visa and got refused.

[sah10406]

Hi sah10406, thank you for your reply. The situation is that I don't even know if my student visa is still valid or not, since I have made an application for a new T5 visa and got refused.

It is valid, but only for entering the UK to start or continue the studies it was issued for. Hence our advice that it is not really useful to you anyway.

[kungminhuang]

Hi sah10406, thank you for your reply. The situation is that I don't even know if my student visa is still valid or not, since I have made an application for a new T5 visa and got refused.

It is valid, but only for entering the UK to start or continue the studies it was issued for. Hence our advice that it is not really useful to you anyway.

I see. Thank you very much for the advice, they are helpful. I wonder if there is a way I can check my student visa's validity though. Also, I wonder if entering the UK at this point will affect my administrative review request which is submitted outside the UK. I am new to this board so I am not sure if I am posting in the correct board for the issue related to administrative review. If not please let me know, thank you!

[sah10406]

I wonder if there is a way I can check my student visa's validity though.

I don't know why you think your visa has been cancelled. It has not.

Also, I wonder if entering the UK at this point will affect my administrative review request which is submitted outside the UK.

You are right that is not a Tier 4 matter. However page 10 of the guidance on Administrative Review appears to say that asking for leave to enter would effectively withdraw your AR. See https://assets.publishing.service.gov.u ... e_v8_0.pdf

[kungminhuang]

Thank you for the explanation, really appreciate it. So I have read through the page 10 of the guidance and it says:

'No. If an applicant makes an administrative review application and then makes a new application for entry clearance, leave to enter or leave to remain, the administrative review application will be treated as withdrawn.'

I wonder if entering the UK with my exisiting student visa would be regarded as 'a new application for leave to enter'. I am not a native English speaker so I am not quite sure with the wording, thank you!

And if there is any board I can get further advice on the matter of adminstrative review, please let me know.

[sah10406]

I wonder if entering the UK with my exisiting student visa would be regarded as 'a new application for leave to enter'.

My understanding is that it would. I advise checking with an immigration legal adviser.

And if there is any board I can get further advice on the matter of adminstrative review, please let me know.

If you need advice on your AR, you should get professional one-to-one advice. No disrespect, but this is not something to safely outsource to random strangers on an online forum.

[tcpm]

Hi, I wonder how your case went in the end? I have a similar situation (instead of a refusal I am considering to withdraw the Tier 5 application) so I wanted to check if you could enter the UK with student visa? Hope things went well!