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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Who can get awaiting visa from the UK Border Agency for the

Resolved Question:

Who can get awaiting visa from the UK Border Agency for the sake of study? And I came as a student here and my visa expires on 08, October, 2014, but still waiting for an offer from a university which will take time for making a CAS number and renewing my visa. remember I came here as a Tier 4 accompanied by a family. So can I be included within this type of visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Have you been here as the main applicant of a tier 4 visa (ie the one studying) and not as a dependent?
Kind regards
Tom
Customer: replied 2 years ago.

Yes I have been here as the main applicant and all family members are dependents.

Expert:  Thomas replied 2 years ago.
Okay.
How long have your children been in the UK?
How long have the children been in the UK?
How old are the children?
Do you also have a husband who is your dependent?
Kind regards,
Tom
Customer: replied 2 years ago.

I, my wife ( a dependent ) and three children entered the UK on 13, January, 2014. The eldest child is 11, the second is 9 and the youngest is 5.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you are not yet eligible for an extension of your student visa then your options are really slim.
There is no interim form of visa in the immigration rules that you can automatically apply for and be eligible. Therefore, it would have to be an application on a discretionary basis outside the immigration rules and these are only rarely accepted. I have to say in your case because the children have not been in the UK for very long it would almost certainly be rejected.
Therefore your options are:-
1. Return to your home country and make the application from there
2. Make an application on a discretionary basis knowing that it will probably be rejected but hoping that you will have got a CAS letter in the meantime which you can then use to make a further application for a tier 4 student visa.
However, this is two applications which would mean two application fees and they could reject the application before you get your CAS letter and you would have to return to your home country and then re-apply for a Tier 4, so you would have wasted the money on the discretionary application.
I am sorry, but those are your options.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Well, in my case is it possible for me to get work or, if not, can I seek refuge ( as a refugee ) in the UK in spite of the fact that I entered legally and by a Tier 4 visa? Or is there any other legal way to stay here under whatever reason? I just don't want to go back to my country ( Iraq ) where killing is everywhere. Thank you

Expert:  Thomas replied 2 years ago.
Hi,
Your alternative options to a student visa extension would be (assuming that you do not have access to £200, 000 to invest in a UK business):-
1. Tier 2 general sponsored skilled worker visa - howver if your visa runs out in a month then you would have to find a job on the shortage occupation list (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf) with an employer who was willing to sponsor you for Tier 2 purposes. This is extremely unlikely to happen given the timescale by which you require your application to be submitted.
2. Asylum - Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.
In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
 membership of a particular social group.
Any application that you submit for asylum is only as good as the supporting documents and testimony that you submit with it. So, first you have to identify the above group that you belong to and evidence it. Then you to evidence the threat of persecution that you fear you would suffer if you return to Iraq.
I would contact one of the asylum charities about submitting a claim intiailly, like Asylum Aid:-http://www.asylumaid.org.uk/
They will be able to answer your intial questions with a view to submitting an asylum claim. Your claim must be genuine, if a claim is not genuine then eventually it is found out. Obviously, with the political upheaval in Iraq though there is a possibility that you might successfully claim.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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