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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a tier 4 student, I submitted my extension for visa renewal

Resolved Question:

I am a tier 4 student, I submitted my extension for visa renewal (whilst I was still enrolled for studies at my current institution, and the institution was still on the Tier 4 sponsor Regsiter). In the last few days I got a response from the UKBA stating my college is not on the list and hence refused to extend my leave to stay and in the UK and study. What does the law say ? Can i appeal as the extension for visa renewal was in process and the college on the register at the time of application.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. When does your current visa expire
2. Has the college had it’s license revoked
3. Have you made any arrangement to switch colleges yet
Kind regards.
Tom
Customer: replied 3 years ago.
1. 25th July 2011
2. on 29th July 2011, the UKBA checked Tier 4 sponsor register and the college was not on the list at this date
3. No arrangements to switch colleges as I only received a letter of notification of "refusal to vary leave" only the 3rd of August 2011 (yesterday).

Thank you
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

There is little point in appealing the decision because it is based upon a college which has lost it’s status as a licensed sponsor of Tier 4 Students, a Court would simply not grant a visa to a student on the basis of a college which has had it’s license revoked.

I regret to say that you are a victim of nearly unbelievably quirk of bad luck and coincidence. Technically, you do not have leave to remain in this country any longer and the UKBA could reject any application you now make to extend your visa with another college. However, I would hope the UKBA will probably acknowledge the extremely unfortunate circumstances of your particular case and would allow you a period of grace.

When colleges lose their UKBA status the students are afforded one month to find another college. I would work on this basis. Find another college within one month and then make another application for extension to remain on your Tier 4 visa and explain in the application (with appropriate supporting evidence) that the colleges license was valid at the time you made your original application but revoked in the meantime and the first your heard about this was via the UKBA rejection letter.

Hopefully, if you switch colleges and apply as soon as possible the UKBA will approve the next application. If they do not you will have good grounds to appeal the decision on the basis of your sheer rotten luck

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6523
Experience: BA (Hons), PgDip, Practising Solicitor
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