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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I am Ten and I am an international student and

Customer Question

Hi there,

I am Ten and I am an international student and soon going to marry my English fiance on 8th April this year, and we have an appointment with home office the next day for my spouse visa application.
I was studying at this college since july 2012 and my visa status on my residence permit is till dec, 2013. Last month the college text me message on 15th Feb '13 saying that "college license has been revoked and to find new sponsor by 25th March '13", i was given 37 days to find new sponsor.
I haven't received any official letter from home office and i am confused over my visa status . I am panicking as I have marriage on 8th april and spouse visa appointment on 10th april.
Will i have problem while putting forward my spouse visa application? Isn't it that by law i should be given notice of 60 days, Can i show the home office the text message that college has sent and to show them proof that college only gave me 37 days instead of 60 days?? I did send a letter to home office 5 days ago asking them to send me official letter stating what is my visa status and I have a copy with me.

pLEASe, sir, what do you think i should do??

thank you very much
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you actually stopped looking for a college to replace your old sponsor?

Tom
Customer: replied 1 year ago.

Yes, Tom. I haven't looked for any new sponsor as i wasn't given enough time to prepare the funds that needed in account and for new college fees.


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It is correct that the UKBA limit a person’s stay in the UK to 60 days in the event that a sponsor’s licence is withdrawn please click on the heading titled ‘If we withdraw your education provider's Tier 4 sponsor licence’ on the following link for confirmation of this:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/changes/

Therefore if you make the application to switch to your spouse visa within the 60 day period then it’s is not likely that you will be rejected simply on this basis alone. However, you should disclose that you are aware that your sponsor’s licence has been withdrawn but otherwise show them that you have complied with the conditions of your student visa.

You are pretty close to the 60 day window, because although you got the message on the 15th March you cannot be sure when the licence was actually withdrawn by the UKBA. Therefore you should refer to the text message and give evidence of it and confirm that this was the very first time that you became aware of the withdrawal and you have acted according to a 60 day period from this date.

I think you will probably be okay if you otherwise meet the eligibility requirements, but if it turns out that the licence was actually withdrawn much earlier then you are going to have to make an argument for why this should not prejudice you, basically saying that the college have put you in a difficult position through no fault of your own and that it would be unreasonable and disproportionate to refuse you and require to you return to you home country only to make another application straight away. I would be confident that you would be successful with this on appeal, if indeed you are not initially upon determination by the UKBA


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Tom,


 


 


For the english requirement can i show UKBA, my Master degree certificate that i obtained from London Metropolitan University in 2011??


 


Thanks a lot. Appreciated


 


 

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

What additional documents should i take with me to backup my case??


 


I hope you don't mind replying now. My mind is really in peace since you answered. Before this I went to this solicitor only to end up wasting my money with no any clear answer.


 


Thank you, Tom!!

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Ohh I see, so, I assume i have to go to immigration solicitor and get it done for me which of course will be charge.


 


Do i need to go in person and get sworn done or i can do it online?


 


Thanks Tom

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Will you be able to make one for me then? :) Are you based in London?


You sound professional and honest.


 


Thank you.

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

ohh shame!! Anyway, thank you very much Tom. Your answers are really informative.


 


Hopefully, It should be fine.:)


 


Take care and bless you.


Tenzin

Expert:  Thomas replied 1 year ago.
You're welcome...
Customer: replied 1 year ago.

Tom, Can you please tell me how many months of bank statement my fiance has to show 3 or 6 months?? since my fiance (sponsor) has fulfill all the financial requirement, do i need show my bank statement? if so, for how many months??


 


Thanks. Appreciated


 


Tenzin

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Is it alright if bank statements has 2 different address?? I mean we live together since October last year but only change our address in bank in January, which means Oct-December bank statement is in old address and Jan-march is new address?? Hope its alright. Though all his 6 months pay slips are in new address.


 


Very kind of you to response to my questions. Will i be charged for this questions??


 


Thanks a lot.


 


Tenzin

Expert:  Thomas replied 1 year ago.
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