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.
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).