I’m I allowed to returned back to the UK despite voluntarily leaving?

[ShahinaJ]

Dear readers,

I’m in a current situation as of now where I see no hope for the future. My family had taken the decision to leave the UK on the first of August. They had sought government funding meaning that our flight tickets were booked by the secretary of states expense.They gave us a 6 month notice to leave around February time in which we met the deadline as we left the country on the 1st of August as I had mentioned.

According to the guidelines and restriction, I am allowed to enter the UK after a maximum of 2 years however I was not aware of this as I was still in education at the time my parents had taken the decision to leave thus after having a long family talk, they promised me that my education will be carried on in our home country however I was deceived. When we returned back they had taken all form of social media away from me, prohibited to read or even get into contact with anyone.

It’s been 2 months now and my college has already started back in the UK, this is a cry for help. I wanted to know whether it will be possible to get back into the UK be it if it’s only for educational purposes despite voluntarily leaving and seeking government funding. I spoke to a solicitor the day I arrived to my home country and he had told me that I had to pay a fine of about £4000 according to the law, however I’m only a 17 and so I’d need a helping hand from the other side.

I’m not a British citizen and I lived in the UK for almost 15 years but we’ve never got indefinite leave to remain. I’d be beyond grateful if someone can explain my current situation and give me expertise ,honest advice of what I can do to save my career and education and get away from this living nightmare!

Thank you

[THO]

Hello,

I don't know the answer to your question as to whether you would get a student visa, but I would expect that you would need to be able to fund your flights, and be able to prove you can fund yourself when you are here. If you do not have enough for a £4K fine that you were told you would need to pay, then I doubt that the HO will issue you with a visa, since you will need a lot of money to live here. Have you looked at the HO Web site for information on student requirements to study in the UK?

I know the trouble is that when you ask a board of people who are not law professionals, you can end up with a lot of opinion, and not actual facts. So maybe you need a proper solicitor to tell you the actual answer.

[ShahinaJ]

Hi

Thanks for your reply. As for the 4K fine, that’s what I was told but like you said I may have to get a proper solicitor to give an honest reply. However I have searched the HO pages and documents on returning back to the UK but like I had mention my situation is slightly different because my family voluntarily returned with the help of the government so I don’t know whether the same circumstances for student visa applies as I’m not allowed in the UK for the next 2 years. However if you do fine any further information then please do let me know.

Thank you

[THO]

I also read today, from a link posted on this board, that to come to the UK under the age of 18 you will need the support of your parents, which it doesn't sound like they will give.

I'm afraid I don't think your chances are good at this time, if you know that you are unable to return for 2 years, then there generally tends to be no exceptions.

In the UK, most solicitors will chat to you about your case before you take them on, and they are generally honest enough to tell you if you have a chance or not, and the likelyhood of success. I have no idea about your part of the World, but maybe Google and find a few to chat with and see if they all say the same thing or not.

However, is this an unrealistic dream to return? Can you afford to, and where would you stay etc? I hope I am wrong for your sake.

[CR001]

To return to the UK to study, you need a sponsor and given your poor recent immigration troubles, you might very well struggle to find a sponsor prepared to issue a CAS for you to apply for a Tier 4 visa. That is besides the international fees you will have to pay and the maintenance funds you need.

[ShahinaJ]

Thank you all for your honest and genuine response. I’m going to do some more in-depth research after what has been said. However one thing I forgot to mention is that I have a sister in the UK who is 19 and is currently working. What would happen if she found a solicitor to fight my case? As long as I have parental approval (which in this case my sister) would the outcome be equivalent?

[CR001]

Your sister is not your legal guardian with parental responsibility. That right only lies with your parents.

[ShahinaJ]

Thank you