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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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dear sir, i have been enrolled on a one year course under tier

Resolved Question:

dear sir, i have been enrolled on a one year course under tier 4 visa since 1 october 2012 and my college has expelled me today, because of not attending my classes, and they said my cas statement was revoked, what will happen to me next?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Have the UKBA written to you yet about this?

Tom
Customer: replied 1 year ago.

no, college just expelled me today, and the vice principle said that they can not undo it, sir

Expert:  Thomas replied 1 year ago.
You do accept that you have not been attending classess though, correct?

Tom
Customer: replied 1 year ago.

yes, my attendance was 18% since first day of my course ( 1 october 2012) and last day of my course is 17 july 2013

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It’s not good news I’m afraid. If your attendance was that low then they are perfectly entitled to terminate your study at the college.

Attending college is a condition of your visa, as is having a continuing place of study at the college which sponsors you.

The college will inform the UKBA. They UKBA will then curtail your visa and write to you confirming this and that you have 28 days to leave the UK otherwise you wil be regarded as an overstaying. If you stay beyone the 28 day then this overstay will be a general ground to refuse all other visas except for those based upon a family relationship.

IF you are not in a relationship with another foreign national holding leave to remain in the UK or a UK citizen or an EEA member state national and can switch in to another visa on this basis then I can’t really see that you have an option

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

but when ukba will take action and send me the letter which says that (approximately from now), sir

Expert:  Thomas replied 1 year ago.
Hi,

They will write to you probably within a week of receiving notification from the college. If the college has written to you today I wouldn think that you shall hear from the UKBA in about two weeks.

Please rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.

sir, i have been living here for nearly 3 years now but i planned to live here for 10 years to get indefinite leave to remain (ilr), and i already now that i should not be absent from uk for a single period that exceeds six months in the 10 year period, if i leave here in january without visa and coming back in june with another tier 4 visa, and stay another 7 years, does it qualify me for ilr or all the 10 year period for ilr should be under visa (tier 4 or tier 1 or 2), sir?

Expert:  Thomas replied 1 year ago.
Hi,

Yes, you would still be fine for 10 year ILR, provided that it's not more than 180 days.

Please rate my answer.

Tom
Customer: replied 1 year ago.

so you mean leaving uk with having no visa and return after a single period of time (less than 180 days continuously and no more than 18 months in total) with any sort of visa ( tier 4 in my case) does not effect on my ilr case? please sir, are you absolutely sure? thanks in advance

Expert:  Thomas replied 1 year ago.
Hi,

Yes, those are the present rules but they may change in the future. But yes, you are correct providing that you have not spent time here on temporary visas.

Please rate my answer, I have certainly answered your original question.

Tom
Customer: replied 1 year ago.

just as the last question, if i marry a girl (non-eea national) but she is holding a valid tier 4 student visa, can i apply to stay on her behalf? and one more thing that can i apply for another cas statement from another college mean while? thanks a lot

Expert:  Thomas replied 1 year ago.
Hi,

If you marry a girl on a Tier 4 you may be okay.

I wouldn't bother applying for a new college, your applicaiton will be rejected because of your poor record at your present college.

Please rate my answer now.

Tom
Customer: replied 1 year ago.

as a very very last question, if i want to marry a girl under tier 4 ( non-eea) national, under which visa section should i apply (which tier) and if i want to do that or change to tier 1 (as invester) can i do it when i'm in uk with my current status or i have to leave the uk and do that? thanks a bunch.

Expert:  Thomas replied 1 year ago.
No, I'm sorry I will answer once you have rated my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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