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Tier 4 to ILR- curtailment of visa?!

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hw rose
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Posts: 29
Joined: Thu Sep 27, 2018 12:57 pm
Malaysia

Tier 4 to ILR- curtailment of visa?!

Post by hw rose » Sat Nov 17, 2018 1:39 pm

Hi
I have just been granted ILR and my daughter will soon be applying for SET(LR) in her own right. My concern now is regarding my husband who is on a Tier 4 student dependent visa which expires 19 April 2019 and is not eligible yet to apply for SET(LR).
From what I read on a similar older post it is valid until it expires however we didn't consider the possibility of curtailment :shock:
Is there a chance that the visa will be curtailed by the University or Home Office?
Any sources of information where we can understand his situation better please?
Many thanks

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 4 to ILR- curtailment of visa?!

Post by vinny » Sat Nov 17, 2018 1:54 pm

Why would the university be involved with a dependant?
Is he a student but not studying?

See also here.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hw rose
Newly Registered
Posts: 29
Joined: Thu Sep 27, 2018 12:57 pm
Malaysia

Re: Tier 4 to ILR- curtailment of visa?!

Post by hw rose » Sat Nov 17, 2018 2:07 pm

Oh thank you so much for replying so quickly as I'm in a state because it's something we did't consider before so are suddenly panicking!
Sorry for the confusion no he is not a student. I was referring to the curtailment of my student visa and thus in effect his would no longer be valid. Would either the Uni or Home office curtail my visa now that I have ILR thus making him an over stayer?
vinny wrote:
Sat Nov 17, 2018 1:54 pm
Why would the university be involved with a dependant?
Is he a student but not studying?

See also here.

ukvisa123
Member
Posts: 109
Joined: Wed May 27, 2015 5:43 pm
United Kingdom

Re: Tier 4 to ILR- curtailment of visa?!

Post by ukvisa123 » Sat Nov 17, 2018 2:34 pm

If you are granted ILR by HO then university cannot curtail it, as you are no longer on student visa. I think your partner can apply for FLR(M) as you are now settled before his visa expires. Vinny is the best person to clarify on this.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 4 to ILR- curtailment of visa?!

Post by vinny » Sat Nov 17, 2018 2:43 pm

Being granted ILR is the opposite of a curtailment of leave!

See also Long Residence dependants.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hw rose
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Posts: 29
Joined: Thu Sep 27, 2018 12:57 pm
Malaysia

Re: Tier 4 to ILR- curtailment of visa?!

Post by hw rose » Sat Nov 17, 2018 3:30 pm

Thank you both very much for your advice.
Vinny- in the first link you sent me you had previously posted the following:

However, when the main applicant is granted ILR under Long residence, then there is a danger of curtailment. The PBS dependants cannot apply for further/indefinite leave to remain under Part 8, except children satisfying a277,A280(b), 299. But I don't see any reasons why they cannot remain until expiry of leave, when their leave isn't curtailed nor are they subject to removal, with reference to 4(1).

Moreover, for Long Residence dependants, don't travel


Could you kindly elaborate on that please? In what situations might my dependent's leave be curtailed?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 4 to ILR- curtailment of visa?!

Post by vinny » Sat Nov 17, 2018 3:37 pm

When a caseworker makes a mistake or when the dependant fails to satisfy a condition of leave under 319D(b).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hw rose
Newly Registered
Posts: 29
Joined: Thu Sep 27, 2018 12:57 pm
Malaysia

Re: Tier 4 to ILR- curtailment of visa?!

Post by hw rose » Sat Nov 17, 2018 3:54 pm

Many thanks Vinny for your help, much appreciated!

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 4 to ILR- curtailment of visa?!

Post by vinny » Sat Nov 17, 2018 3:58 pm

See also here.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ukvisa123
Member
Posts: 109
Joined: Wed May 27, 2015 5:43 pm
United Kingdom

Re: Tier 4 to ILR- curtailment of visa?!

Post by ukvisa123 » Sat Nov 17, 2018 5:44 pm

Vinny would you recommend switching to FLR(M) if OP meets the requirements. As that may be the only option once the dependant visa expires.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 4 to ILR- curtailment of visa?!

Post by vinny » Sat Nov 17, 2018 10:41 pm

Yes, if there is also shortfall in leave prior to ILR or traveling.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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