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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 an international student in uk. my visa expired on 31

Resolved Question:

i am an international student in uk. my visa expired on 31 october 2011. i came to uk about two years ago. but within a couple of months of my joining, the college was closed down. after that i didn't join any other college. i've just been travelling around uk sight-seeing and working part-time as a charity fundraiser. can i still enroll one a study program and get my visa extended ?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

I’m terribly sorry, no – you will not be able to enrol for a new college and then apply to extend your visa.

As a student your visa is granted on the basis that you will remain studying with your sponsor college. If your college loses it’s licence or closes down then the UKBA will grant you a 8 week period of grace within which you may find another college and then apply to update your sponsor college with them.

If you do not update them as to your new college or simply don’t do anything then it is normal practice for the UKBA to curtail your vise.

Unfortunately I would expect that this is what they have done in your case. This would mean that you are technically an overstayer. Overstays are a general ground for refusal in most visa applications and would be in this case so the UKBA would certainly reject your application and retain the application fee.

I’m very sorry I could not have better news for you.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.
so what can be done about it ? isn't there any way i can continue to stay in uk legally ?
Expert:  Thomas replied 2 years ago.
Hi,

On the assumption that you are now illegal because your visa has been curtailed (which it almost certainly has) there are limited options for you.

A person who has been in the UK illegally for 14 years can apply for ILR, but I could not advise you to aim for this because the rules might change in the interim.

In the event that you were to marry a UK national, person holding ILR or an EEA national who was living here you would be able to leave the UK (subject the the relevant eligibility criteria) and then apply on the basis of your marriage. In this case the overstay would not be a sufficient reason to reject the application for a visa based upon marriage because your Article 8 Right to a family and private life would apply if the marriage is accepted as genuine.

Apart from that, you do not have any options I'm afraid.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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