Time frame for legally staying in the United Kingdom

[MARM 7]

Maybe some of you know about the situation as I have posted about it several times in this forum, but here goes:

My fiance, who is on a student visa in the UK, has sent his application for extension of his student visa application since Nov 2008. Until now, he is still awaiting the decision on that.

PROBLEM IS:

His passport is with his student visa application (UK Home Office), and he needs it for the interview for his K-1 at the US Embassy in London. The K-1 interview is April 28.

We are searched everywhere for info, but cannot seem to find the answer to this question:

How long can my fiance stay in the UK after withdrawing his student visa application?

We need to know the answer to the above question in order to decide whether to withdraw his student visa extension application so he can get back his passport and go to the K-1 interview, OR whether we should reschedule my fiance's K-1interview for THE SECOND TIME in hopes of him receiving his passport by the second time around.

We are currently consulting with UK lawyers about this, but if anyone has any idea of where to find this info online as a statement from the UK Home Office, it would help a lot!

-Marm

[mr and mrs 187]

i wish i could help you. im still hoping the passport will be returned in time for the interview. <fingers crossed>

are you at all comforted by the fact that you do have the option of another reschedule? ive noticed that you have seemed really reluctant to reschedule for a second time. is there a rule about the number of times you can reschedule your interview at the embassy? i can understand that you want to get this sorted out because you are going to be traveling to pakistan, i think, right? well, and because you dont want to worry about it anymore!

ill just wish you LUCK. and we will see what happens.

[MARM 7]

i wish i could help you. im still hoping the passport will be returned in time for the interview. <fingers crossed>

are you at all comforted by the fact that you do have the option of another reschedule? ive noticed that you have seemed really reluctant to reschedule for a second time. is there a rule about the number of times you can reschedule your interview at the embassy? i can understand that you want to get this sorted out because you are going to be traveling to pakistan, i think, right? well, and because you dont want to worry about it anymore!

ill just wish you LUCK. and we will see what happens.

thanks so much for your support

Right now, it seems that we will re-schedule the interview for the middle of May if we do not get the UK student visa extension within the next 2 weeks. But if we do not get it in time for the next rescheduling, then we will have to withdraw his application...because our NOA2 expires in the end of May, and with our other family commitments, it would be difficult to delay it any longer than the middle of May (we also have to keep in mind that there will be Admin Processing for him).

We are hoping and praying we get the passport back any day now, but otherwise, it seems we will have to withdraw...so we are concerned about how much longer he will be able to stay after his withdrawal in the UK.

[Nich-Nick 3,353]

I think I asked this before but is it possible to get his passport back for a short time without withdrawing the application? What if he had wanted to go to Spain on holiday for Easter? They've had it a long time. Could he ask to have it back temporarily for a "trip" then return it to them?

[miss g 1]

well i would suggest that you should write to the homeoffice, they have a case number for his application he should have that.. you can write to them and explain the situation, The Home Office are governed by the human rights act which says the right to family life, their failure to deal with this quickly will be preventing his right to family life so I guess its worth a shot, they can at least give you advice, my experience is, if you are honest and you are showing a willingness to obey the law they tend to be more helpful.

[MARM 7]

I think I asked this before but is it possible to get his passport back for a short time without withdrawing the application? What if he had wanted to go to Spain on holiday for Easter? They've had it a long time. Could he ask to have it back temporarily for a "trip" then return it to them?

We asked the Home Office by phone and email and their answer to us was "If you ask for your passport back, your application will be treated as withdrawn." It seems they have made it tough on purpose...

Their excuse for not deciding on the application (it has been 18 weeks since they have had it and 14 weeks is their max processing time as they say) is that currently the immigration officers are undergoing extensive training for the new programs they have introduced regarding laws and regulations on UK immigration and visa applications. And if we ask for the passport back while the application is under progress, he will be considered "withdrawn" and if he was still interested in studying in the UK (which is no longer the case, of course), he would have to go back to Pakistan and reapply for a UK entry clearance, as we have been told. So it is either "wait it out" or "tough luck".

[miss g 1]

well, i dont know what to say,what did the lawyer say? i think even if hes visa expires he still has sometime within which he can stay, and there are appeals procedures if they issue deportation orders.. it might be something you should bring up with the US consulate, have you emailed them?

[MARM 7]

well, i dont know what to say,what did the lawyer say? i think even if hes visa expires he still has sometime within which he can stay, and there are appeals procedures if they issue deportation orders.. it might be something you should bring up with the US consulate, have you emailed them?

Yes we have emailed the US embassy twice, and their answer to us is:

"Unfortunately we cannot say anything about the circumstances you are writing about. We will look into the matter on the day of the interview. You must have your passport with you on the day of your interview".

We hope we get the passport any day now...but we need to think of a backup plan if we do not.

[mr and mrs 187]

can you contact them again (Home Office and the us embassy) and see if you get a different answer? maybe since the date is nearing they will.... i dont know.. suddenly realize the bind you are in and help you out? : D lets hope for that. or for the damn passport to appear!!

marm, youre doing a great job of rolling with the punches. hang in there. your patience will be rewarded.

[Trompe le Monde 1,107]

I am no expert, but my understanding of this (which may be outdated) is that you are in status if you have applied to have the visa renewed, even if the old visa has expired. But if you withdraw the visa you are out of status and expected to leave. Since your fiance is from Pakistan, it doesn't sound like hopping over the channel and coming back as a tourist is an option.

I have heard of people being stuck in the UK for several months pending renewal of their visas. Friends of mine who were in the country on spousal visas went to Croydon in person and were able to renew in one day to avoid this, I guess that is not an option? (I believe you have said already it isn't)

Personally, I would reschedule the interview and wait for the renewal of the student visa, especially if he needs it to finish his course.

Good luck

[miss g 1]

isnt there some sort of visa agency that can go to croydon on his behalf?? what about writing to his local MP

[MARM 7]

isnt there some sort of visa agency that can go to croydon on his behalf?? what about writing to his local MP

Thanks everyone for your replies!

He cannot change his application to same day service any more, rules have changed.

Coming back as a tourist or needing more time to finish his course is not the issue, because he is going to be finished by the end of this month any way (funny he has been awaiting an extension to finish his course, and he still does not have the extension but he is almost done with his course). The only issue is that he needs to stay legal in the UK between the time of his interview and the time he leave the UK for good.

We consulted three lawyers in the UK by email. One just got back to us She said to contact for him to contact his MP for a swift resolution, because clearly, something is not right in the processing time. miss g, can you help us out, or anyone else who knows what an MP is and how to contact one?

Sorry I am unfamiliar with what an MP is, and I don't think my fiance has any experience in this area or any knowledge thereof either.

[English Muffin 59]

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4018047

[MARM 7]

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4018047

Thanks so much! Hopefully this won't be difficult to do now...

[miss g 1]

MP - Member of parliament

MEP - Member of European Parliament.. just incase people were wondering..

good luck with this.. email me or whatever if you need help ok!