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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I am looking from a immigration solicitor, my

Customer Question

I am looking for guidance from a immigration solicitor, my situation is the following..
I’m currently in the UK on a general visitor visa which will expire on 25/03/2015. Originally I’m a student at the university of Surrey, but due to failing a few modules in my course the university had temporarily suspended my studies until it’s time to retake the failed modules. Which resulted in cancelling my initial student visa. Now the university notified me that i can not apply for the new student visa from here, and that i have to go home, obtain the visa and then enter again as a student. The issue is that on 31/01/2015 i have been arrested and charged for common assault. I had a court hearing on 19/02/2015 in which i plead not guilty and it was decided that my trial will be on 29/04/2015. I’m planning to go home and apply for the visa as soon as possible. However, I am concerned about not being able to obtain the visa in time (especially if the process will take longer than usual now that i have a criminal record), and the implications that could follow if i don’t have a visa at the time of trail.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  UK_Lawyer replied 1 year ago.
Hi, I will be happy to assist you with your question.
Could you confirm if you left the uk and then return on a visit visa?
Have you considered applying for leave to remain on the basis of your hearing?
Kind regards
Customer: replied 1 year ago.
Hi Nicola. I am still looking for an answer.
Uk lawyer, yes i did leave and then entered on the visitor visa. I didn't completely understand your second point, could you please elaborate on it.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
I understand your concerns, however, the fact is that you have not yet been convicted of any offence, however, if your Hearing is due in April then you would need to attend otherwise it is likely that you will be convicted of a criminal offence.
Your best option would be to apply for further leave to remain in the UK using for FLR O and stating that you need to be present for a Hearing in the UK and thus are unable to leave the UK until your Hearing has been completed. Although the home office usually do not allow applicants to switch from a visit visa to any other type of visa, you do not have a choice, because if you are not present at the Hearing a decision is bound to be made against you. You should therefore submit an application in the UK, the form you should use is form FLR O:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/395564/FLR_O__Version_11-14_15.pdf
The other option would be to return to your home country and apply as soon as possible and then state in the application form that you have a Hearing in April and what offence it is for. Your application will then be considered on the basis of the information you have provided. Of course if the application is not considered in time and your Hearing date has lapsed then you are likely to be convicted of the offence and your tier 4 visa is likely to be refused.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards

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