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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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tier 4 overstay and extensio application

Customer Question

hi I am studying in university in the uk under tier 4 general student rules. my course is finishing in may 2012. my wife is also with me under tier 4 rules as my dependant. my wife is pregnant and she has to frequently attend gp and hospital appointments. my visa expired on 1st of january 2012 because i couldnt get the letter from university in time due to christmas and new year holidays and the staff who deals with letter went for holidays 3 days before university closed for break. i have arranged my bank statements for maintenance as a setteled student. now can i and my wife apply for my extension from within the uk? can out overstay casue any problems? and can we still show reduced maintenance funds to show as we couldnt get CAS letter due to christmas and new year holidays? can i get any concession due to my wife as this might me harmful for her or for the baby to do air travel? your guidance will be very helpful for me. thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

I'm afraid that if you did not have your CAS letter and submitting this before your visa expired then you are an overstayer. Though I appreciate that you were not able to obtain your letter because of the festive break, the UKBA are not under any obligation to give you any flexibility on this. They are permitted under immigration rules to refuse on this basis.

 

If you apply to extend your visa once you have your CAS letter then you would have to plead that they exercise their discretion and not refuse your visa under the ground of any overstay. You should explain in detail your personal circumstances and difficulties which led to you not acquiring your letter in time.


Their position would be that it was your responsibility to take in to account the festive period and breaks in the administrative staff at the university and request your CAS earlier accordingly. I have to say that this is a reasonable position to take but you may get some luck if you have an understanding immigration officer and your application has not other defects.


If you are unsuccessful and are able to get a doctor's note stating that you wife is not medically able to travel because of her pregnancy then you should be granted further leave to remain until she has had the child and is well enough to travel again. .

 

 

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

Thomas, Solicitor
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear XXXXX

thanks for reply

I have couple of more questions please sir.

What should I answer for the question in the application form, Have you ever overstayed? as no or yes

becasue if i say yes

firstly can i still show then reduced maintenance funds in my bank account or i have to show high maintenance funds

can i answer as no

becasue i couldnt get letter because of holidays

but as you said that this is my responsibility to get the letter in time, so what do you suggest here please. should i answer yes and still show reduced maintenance funds?

And also if my wife is not fit for travel, do i get tier 4 visa extension and can continue study as well or i will have to apply some other type of visa like FLR(O) on medical basis?

Regards

MS

Customer: replied 2 years ago.
Dear T Graham
I have been unable to get the CAS letter as I before they told me they will issue me letter with the remaining fee on it, but not after delaying me a lot altough i paid them another £1500 , they still not issuing me CAS letter, what should I do, as doctor has granted a letter to my wife that she cannot travel as it can be dangerous for her under her current medical condition. What can I do now, as I do not have CAS, and my Tier4 application will be refused, can I and my wife get any further leave to remain on medical grounds and can I still attend my lectures and sit in the exams as it is only 4 months lefts in my studies, and can I still get permission to work, as I need money to survive??
Your answer will be much appreciated.
Regards
MS
Expert:  Thomas replied 2 years ago.
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