Tier 4 Student Visa Withdrawn While Applying For FLR(M)

[madeinta1wan]

Hi All,

I wasn't able to see anyone's situation quite like mine so I decided to post.

I am a US citizen married to a UK citizen, we've been married for four and a half years now. I applied in 2011 for a Tier 4 visa to do a PHD in the UK, I was granted it and have been here on that since. When the Border Agency changed it policies during the summer I hurriedly applied for FLR(M) as I qualified and didn't initially because of the cost.

I had the opportunity to move from my previous university to Imperial college over the summer and took it. Since I have been waiting for 7 and a half months for my FLR(m) to come through I have been notified by my original University that they have no choice but to inform the UKBA about withdrawing my current student visa.

Does anyone know if this will negatively impact my application for FLR(M)?

Thanks in advance.

Nathaniel

[Obie]

Why are they reporting? was it because you withdrew from the course.

That should really not affect your application, as you are applying under a different category, and besides you are undertaking a course at another institution.

[madeinta1wan]

Thanks Obie,

They are reporting because I've taken a Leave of Absence while I sort out the FLR(M) and the new university programme. I thought I would have the visa back in December, a month after I submitted my biometric data. So now it's well beyond the Leave of Absence return date and my other university is being difficult about extending it.

I'm just concerned if my student visa expires/is withdrawn that I'm not in jeopardy with my current application. Does it mean I'm back to my visitor visa status or just in visa limbo while the Border agency decides.

-n

[Obie]

You are legal. Your rights under section 3C continues, as you applied before your leave expires. You could argue that the conditions applicable to your student visa continues, until a decision is made on your application.