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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
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My boyfriend has ongoing problems caused by the fact that he

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My boyfriend has ongoing problems caused by the fact that he came back to study and had a visa until January 2012, but because of problems in the course and reports of his mothers death in India he decided to ask for his fees back. I had in the meantime advised him to have a word with his Dean who told him the fees were already being processed so he would only have a short time until he would have to return to India. In the meantime he wished to enrol in a different course and he is told he has to produce his visa fees again and also hold enough funds in his account o pay for the course although he will pay in installments. He is caught in a viscious circle of lack of cash but cant work as he needs the letter from uni and he cant do that until he has enough money. Is his visa not still valid until January? Can you suggest another path?


Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. At the start of your question you said that he has a visa until January 2012, but at the end you say still not valid until January - can you clarify please?

Kind regards.


Customer: replied 4 years ago.
Because he was here on a student visa they say when he finished and had his refund that he has to go - he was unhappy with the way they handled his studies, first the time it took for him to be given a supervisor and then they said he hadn't enrolled but he had, they were giving him an extension for his dissertation but he was totally confused and gave up - he has to go back to India within a week, but he wants to re-enrol so surely the existing visa should be taken in to account


I recall your earlier questions.


Did they not allow him an extension to his dissertation?

What nationality are you?

Where is he?


Customer: replied 4 years ago.

They did eventually but they were so long in giving him a supervisor that he hurried his work over one weekend because they had not decided then that they would give him it and it had to be handed in at the beginning of that week, he had only just been given a supervisor. It was about this time he was hearing that his mum had died and he was very close to her and he was feeling very lost as he couldnt afford to go home for her funeral. Then the Uni were having meetings with him and I think he lost control a little and couldnt take any more.

I am in the British and he is at the moment in the UK but says he will have to leave possibly tomorrow.

He is very scared as he doesn't want to go back to India




Thanks for reply.

The first issue is whether they have informed the ukba that he has not been attending and should have his visa curtailed. He needs to find out. If they have then the high probability is that he will have to return home to make an application. If his leave to remain has been curtailed then the UKBA will not permit him to make an application here.


If he cannot produce the fees for to extend his visa then a extension is obviously not a possibility.


If you intend to marry then this is likely the most fruitful way forward. If he returns without marrying then he will have to apply for a fiancé visa from India but will then have to make another application once he is here for a spouse visa. There would therefore be two application fees.


Were you to marry before he returns then he could apply for a spouse visa straight away and save himself one application fee compared to if he was to have to apply for a fiancé visa. The fees would be £810 each time I believe but you would have to check at the time you submit each application. You would also need to check that you meet the eligibility criteria in the answer I gave you last time.


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.

Kind regards,


Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
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