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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I have been in the UK years now, currently studying

Resolved Question:

Hello, I have been in the UK for 16 years now, currently studying on a tier 4 student visa. My visa expires soon, I plan to put in a FLR (o) application before my visa expires. My question is, will my college/university allow me to keep studying while I await the decision from the FLR (o) application? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. The first thing you need to be aware of is that you should apply for your FLR(O) visa WELL in advance of your student visa running out. This is because there is no right to remain in the uk WHEN you change your visa from one type to another. So apply with at least three months remaining on your existing Tier 4 student visa. Otherwise, your college will not allow you to continue studying whilst awaiting the decision on your FLR(O) visa. This will happen because after 28 days after your student visa runs out you will be come an "overstayer" and you will be liable to deportation. If you get deported, you will not be allowed back into the UK easily. So don't let this happen.
Expert:  Buachaill replied 2 years ago.
2. The reason for this is that the ability to stay in the UK pending a decision on a visa application is only available to people who are making a variation in their visa. The right given to stay pending a visa decision under Section 3C of the Immigation Act, 1971, does not apply where you are changing your visa from one type to another. As you are changing from a student visa Tier 4 to a FLR(O) you will find yourself liable to deportation should you overstay.
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