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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6058
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can I withdraw my asylum application and retain my student

Customer Question

Can I withdraw my asylum application and retain my student visa ?
My visa expired last year October, i m now remaining as asylum seeker in UK.
I haven't got any main interview yet, so i don't have either yes or no answers.
Is there any chance i can withdraw my asylum application and request to extend my visa; retain my student visa and study in uk ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Are you simply asking because you think it is taking a long time to claim asylum?
Customer: replied 1 year ago.

Hello,


 


I just want to know what other options there are if i am to withdraw the asylum.


As the major interview hasn't been made, is it easier to withdraw the application now ?


 


 


Due to the change of situation, is there any chance withdrawing the asylum, request to extend the student visa and retain the student visa ?


 


Summary - i just want to know if i can retain my student visa.


 

Expert:  Thomas replied 1 year ago.
Hi

I will need now only be able to answer at 9 tomorrow morning..

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think it would be a really bad idea for you to withdraw the asylum application.

The first reason is that by applying for asylum you are effectively claiming that if you were returned to your home country you would face the possibility of persecution. Your visa has expired. Therefore, it’s likely that they would seek to deport you if there was not an application under consideration. So, you would effectively be confirming that the asylum claim was either not legitimate when you made or has become not legitimate.

Given that your visa has already expired they would not be likely to return your documentation to you. Instead, they would keep it and issue removal directions to deport you.

Even if you had not made an asylum claim and were simply an overstayer they would still be able to reject your student application because of the overstay.

The only possible way that you might be able to remain in the UK is either if you are successful with your asylum application or if you were in a relationship with a UK national, EEA national or foreighn national holding indefinite leave to remain in the UK.

I am very sorry, but I do hope that you are able to see that it’s better that you honestly know your position and attempt to reconcile yourself with it.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hello,


 


Thank you for your answer.


 


 


If i am to withdraw the application and go back to my country, would i have any difficulties applying a student visa to other countries apart from UK.


 


 

Expert:  Thomas replied 1 year ago.
Hi,

It depends on the particular country that you are applying for. Every country has their own immigration rules.

Certainly with other countries in the EEA the main points of your immigratoin history would be shared with those countries. It would be for that individual country to decide whether or not it is a problem or not.

Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answers.


 


Though non of those questions are for me, it would help a lot to my friend.


 


Cheers.


 


 

Expert:  Thomas replied 1 year ago.
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