How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
Type Your Law Question Here...
Buachaill is online now

I have been in the UK years now, currently studying

This answer was rated:

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
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.
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.
Buachaill and 2 other Law Specialists are ready to help you