will my visa be canceled????!!!!! (URGENT!!!)

[rex_megan]

I have suspended my studies due to medical reasons. My uni said they have informed the Home Office about this. I am now very worried if my student visa would be canceled due to this? (it doesn't run out till 31/10/09) I will resume my studies in the coming September. Even if my visa will be canceled at some point, will I be informed? Will the Home Office tell me when I have to leave the UK? or will they just cancel my visa without even telling me and assume that I will know when to leave?????!!!!! shall I phone them and ask? or shall I just stay quiet until I get a letter or hear anything from them????? I don't know what to do :(

need some useful advice!!!

thanks a lot!!!

[vinny]

See also Zhou

[rex_megan]

what does that mean?

[Mr Rusty]

Vinny's "Zhou" reference is to a court judgement which held that someone here on student conditions cannot be arrested or served with papers as an offender in breach of S24.1(b) of the Immigration Act 1971 simply because they have failed to attend their course.

This doesn't really answer your question, because if the University have notified UKBA, then your leave could be curtailed. I think this is unlikely, because your leave expires in 6 months, and they don't normally bother with curtailment where there is less than 6 months left, because you would have a right of appeal which would extend your stay anyway.

If they do take any action, it will start by a letter asking you to confirm why you're not attending, and what your intentions are. If you can produce the appropriate medical evidence (doctor's notes, consultant's report etc) I don't think they would take any further action against you. However, obviously when you come to apply for an extension, you will need to show that you are capable of pursuing further study here.

So my advice is to sit tight, concentrate on getting well and if they do write to you answer the letter as fully and honestly as you can. I think colleges are pretty much obliged nowadays to notify non-attendees for whatever reason, so I doubt whether you've been singled out for special attention.

[rex_megan]

thank you very much for your reply. Does that mean if they don't send me any letter, I can still stay? but the thing is I actually suspended my studies in mid January, I am just worried that it's been a long time? or can I no longer stay here once I have suspended in mid January since I have got more than 6 months left on my student visa (it runs out on 31/10/09)?? I am also worried if I am still here in the UK will affect my future application for a new visa for the next academic year as I will resume my studies in september. Actually I plan to go back to my home country in mid June and sort my visa out before coming back. Do you think I can still stay here till then if the Home Office still haven't contacted me??? last thing, is it if they want you to leave or cancel your visa, they will always write to you officially and let you know?? (because I heard from my friend who was studying in Australia that her student visa got canceled by the Australian imigration dept without even telling her!!! i hope that's not the case in the UK!!!)

[Mr Rusty]

..... Does that mean if they don't send me any letter, I can still stay?....

Yes.

If you are still staying at the address notified when you were last granted LTR, or the address which the Uni has given when they wrote to UKBA, and you hear nothing, you can be sure that nothing's happened. If you've moved on obviously you're not going to get any letter, but for the reasons I posted before, I don't think they'll take any action.

To have been absent from your course for a whole 6 months (by the time you leave in June) is a matter for concern, but if you are accepted by your Uni for further study and can show that your problems are behind you and you are likely to complete the course, you should qualify for another visa.

[Wanderer]

Doesn't the Zhou case pertain to lots of absences ie low attendance percentage and not total absence like the OP has?

I can't remember and also cannot be arsed reading the judgement again.