UK Immigration Law
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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. .
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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?
I will be able to answer tomorrow.
You can request further leave to remain on the basis of your wife's medical condition but this will be limited to the time by which she will have recovered.
If you cannot get your CAS letter soon to make an application then you can still study and sit your exams if you get further leave to remain on the basis of your wife's condition. This is subject to your university letting you do this under their own internal policy.
If you do not make the application after getting your CAS letter and take/pass your exams then you can make an application for FLR but you will again be relying on the UKBA's discretion.
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