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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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Hi, I was on student visa in UK. My colleges Tier 4 licence

Resolved Question:

Hi,

I was on student visa in UK. My college's Tier 4 licence was terminated and I had letter from UKBA saying that I have 28 days to take another admission and apply for new student visa.

During this time I had my wife with me on dependent visa. But because we didn't get any letter on her name I didn't apply for her visa.

My question is Is she still called as overstayed OR because we didn't get any letter from UKBA saying that, I don't need to worry about that.

Your answer would be much appreciated.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you already applied to switch your sponsor?

Tom
Customer: replied 1 year ago.

I did but I had rejection in that file and it took around 7 months to come back so finally I withdraw my application and I came back to India.( my back home).


 


Now I want to re-apply for UK visa but I am bit confused about my wife's overstay.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It could be a bit of a problem, yes. They will see that no application was made by your wife once you received notice that sponsorship had been withdrawn. This means that they may regard her as an overstayer, which is an automatic reason to reject most visas.

The problem is that the UKBA would refer to the condition of her visa and state that she should apply for dependent status of whatever visa that you apply for. They would say that they are not required to send a letter advising her that she needs to comply with the conditions of her visa because it is the responsibility of visa holder to remain in compliance anyway.

You are going to have to explain what has happened and advise why an application was not made. If it was a misunderstanding of the rules then say so. It is much better to do this rather than to do nothing and let them assume that she attempted to deceive in any way because deception is taken much more seriously.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6374
Experience: BA (Hons), PgDip, Practising Solicitor
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