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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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FILIPINO HAS 3 YEAR STUDENT VISA TO UK. SHE STAYED IN UK FOR

Resolved Question:

FILIPINO HAS 3 YEAR STUDENT VISA TO UK. SHE STAYED IN UK FOR 8 MONTHS AND THEN TRAVELED TO A UK COMMONWEALTH COUNTRY, TURKS & CAICOS ISLANDS. HOW LONG CAN SHE STAY IN TURKS & CAICOS WITHOUT LOOSING HER UK STUDENT VISA?

HER HUSBAND IS WORKING IN THE TURKS & CAICOS AND HIS WORK PERMIT ALLOWS HIM TO BRING HIS DEPENDENTS TO THE TURKS & CAICOS ISLANDS TO LIVE WITH HIM.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
when did she arrive in the uk? what course was she enrolled in? what has happened to that course?
Customer: replied 4 years ago.
SHE ARRIVED IN THE UK JULY 30TH, 2009 & WAS ENROLLED IN A NVQ, LEVEL 2 & 3, COURSE.

HER SCHOOL CLOSED ON APRIL 10TH, SO SHE DECIDED TO COME TO SEE HER SPONSOR, WHO WAS HER HUSBAND....(.ALREADY WORKING IN THE T & C'S FOR 4 YEARS BEFORE SHE ARRIVED).

ALSO, IF SHE STAYED IN THE T&C'S UNTIL SHE & HER HUSBAND WENT BACK TO THE PHILIPINES FOR CHRISTMAS.....WOULD SHE BE ALLOWED TO RETURN TO THE T&C'S?

THANKS SO VERY MUCH FOR YOUR HELP!
Expert:  Senior Partner replied 4 years ago.
if she arrived prior to October 2009 she is eligible to enroll in another course without border Agency prior approval however if she leaves the UK and ceases to be resident here - as appears to be the case then her visa will lapse and she will need to reapply for a new one. I cannot comment on the Turks and Caicos as this is a local matter for them but I cannot see why not if her husband is allowed to bring in his dependents
Customer: replied 4 years ago.

AN IMPORTANT ISSUE I MENTIONED IN THE BEGINNING IS HOW LONG CAN SHE BE AWAY FROM ENGLAND, BEFORE HER VISA IS REVOKED.......KEEPING IN MIND THAT SHE IS VISITING A UK TERRITORY WHOSE GOVERNMENT HAS BEEN ENTIRELY TAKEN OVER BY THE ENGLISH..... TAKING COMPLETE CONTROL OF THE COUNTRY. THIS COMMON-WEALTH COUNTRY, TURKS & CAICOS ISLANDS, HAD A VERY CORRUPT GOVERNMENT, SO THE ENGLISH HAVE TAKEN OVER, INCLUDING RENOWNED INVESTIGATOR HELEN GARLICK, GORDON WETHERAL AS GOVENOR & ATT. GEN. CHAMBERS HUW SHEPEARD. DOES MOVING TO A UK TERRITORY HAVE ANY POSITIVE BEARING ON THE AMOUNT OF TIME SHE IS ALLOWED TO BE AWAY FROM ENGLAND BEFORE HER VISA LAPSES?...............AND IF NOT.....AGAIN HOW LONG CAN SHE BE AWAY FROM ENLAND BEFORE HER VISA IS REVOKED.....

ALSO, TAKING INTO CONSIDERATION THAT SHE WOULD LIKE TO GO HOME TO THE PHILIPINES FOR CHRISTMAS, AND RETURN WITH HER HUSBAND TO THE TURKS AND CAICOS, THEREAFTER.

YOU ARE GREAT....AGAIN, MANY THANKS!
CAROL
Expert:  Senior Partner replied 4 years ago.
when a foreign national travels abroad and returns that person has to show that they have a valid visa and evidence that they are returning for the purpose of that visa. There is no rule about how long you can be absent but clearly if you leave for more than a normal holiday period it suggests that you cannot be residing here for the purposes intended by the visa. In this case she has already been out of the country for 4 months. she will need to show she is enrolled in an NVQ course and has sufficient funds when she returns but there is no guarantee she will be allowed back in if the he immigration officials consider she has given up the course for which she was given the visa and left the country. She might be better advised to go the UK visa office in T and C to confirm the validity of her visa when she has reenrolled in a course.

The fact that she is living in a commonwealth country is irrelevant
Senior Partner, Solicitor
Satisfied Customers: 13248
Experience: Solicitor
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