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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1505
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I originally came to the UK as a PhD student on a Tier 4

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Hi I originally came to the UK as a PhD student on a Tier 4 visa and then decided I didn't want to do a PhD anymore, so I left with an MSc and finished my programme 2 years before the end of my visa. My sponsorship was withdrawn soon after I finished early with my MSc. However, I managed to move on to a Tier 5 visa as soon as I decided to finish with an MSc and I am still using that visa and working in the UK atm. Therefore, I am wondering if this still counts as visa cancellation, since it did not affect my stay in the UK? I am also wondering how withdrawing my Tier 4 visa just because I finished early will affect my future visa applications

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Customer: replied 11 days ago.
Hi Tamari, could you answer my question?

Sure, as I understand you never overstayed in the UK, am I correct?

And you wish to know if your 10 years of legal residence is broken or not?

Customer: replied 11 days ago.
No I never overstayed

if you have never overstayed, even if your sponsorship was withdrawn and your visa curtailed, your 10 years long residence is not broken.

Customer: replied 11 days ago.
But if I apply for another visa later, do I still need to report that I had a previous visa that was cancelled?
Customer: replied 11 days ago.
Eventhough I managed to switch to a different route before it was curtailed
Customer: replied 11 days ago.
nothing was affected
Customer: replied 11 days ago.
Not to mention the only reason for the withdrawal of my student visa was because I finished early

Unless asked, you do not need to mention this, even if you mention it, it will not affect your future applications as you never overstayed in the UK.

Customer: replied 11 days ago.
That's good to hear. I'm in the process of applying for an Australian visa and I might have to discuss my visa history in the UK

Sure, you can but you never overstayed so this should not cause any issues.

Customer: replied 11 days ago.
I just received offer for an MSc programme in the UK, but they wouldn't give me tier 4 visa sponsorship bc they are saying I didn't finish my PhD and left with an MSc
Customer: replied 11 days ago.
Perhaps it's just that university's policy, but I don't want to go through the same thing again, so that's why I'm looking into australia

This is something else, and it is correct, I believe if the university is stating the same.

Customer: replied 11 days ago.
However, the letter from the government stated I can continue to study in the UK. So its complicated
Customer: replied 11 days ago.
Based on your response it seems like my visa application elsewhere won't be affected if I never overstayed in the UK

Universities usually have different policies. No, it should not affect any other visa because you never overstayed

Customer: replied 11 days ago.
Ok that makes sense!
Customer: replied 11 days ago.
Good to know visa cancellation will only be an issue if I overstayed
Customer: replied 11 days ago.
Thank you so much for your time!
Customer: replied 11 days ago.
I'm assuming during the application process, I'll be able to explain what the cancellation is caused by?

Usually, when the visa is canceled, you have 60 days to apply for another type of visa unless specified otherwise.

I guess you have not even received a cancellation notification from the Home Office as you switch to another visa immediately, am I correct?

Customer: replied 11 days ago.
Ok, so you'll only have a bad record if you overstayed and didn't apply for something else after
Customer: replied 11 days ago.
I switched to the other visa 1/2 year before the university reported to the Home Office about sponsorship withdrawal
Customer: replied 11 days ago.
no I never received any notification
Customer: replied 11 days ago.
that's why I'm still wondering if it counts as cancellation

It seems completely fine, you should not have any issues.

Customer: replied 11 days ago.
Ok cool
Customer: replied 11 days ago.
should I answer "yes" or "no" when I'm asked about previous visa cancellation?
Customer: replied 11 days ago.
On my application form

Based on your statements, you should answer "no"

Customer: replied 11 days ago.
Ok that's great!

If you wish to know exactly, you may apply something called: subject access request to the Home Office. It will have all your immigration history in the UK

Customer: replied 11 days ago.
Thank you so much!
Customer: replied 11 days ago.
I'll definitely look into that
Customer: replied 11 days ago.
You've made my day
Customer: replied 11 days ago.
Thanks!

It has been my pleasure to assist you! I am happy I have helped you today!

Tamari SL and 2 other Immigration Law Specialists are ready to help you
Customer: replied 11 days ago.
Once again, thank you!

You are most welcome