CurtailmentCircumstances

Circumstances which could lead to a visa curtailment

Withdrawal from your programme of studies
Finishing your programme early
Exclusion from your programme of study
Interruption of studies
Deferral of studies
Intercalating year
Returning home to complete studies
Re-sitting examinations as an external candidate
Academic failure and appeal
No show (new students)
Returning students – failure to register
Withdrawal from your programme of studies

If you withdraw from your programme of studies, the university is obliged to inform the Home Office. You will be notified by email by the university once we inform the Home Office. If you have plans to start or transfer to a new programme of study, you must apply for a new visa in order to undertake that programme of study. You will have to apply for a new Tier 4 visa from your home country.

Finishing your programme early

If you have finished your programme early, for example you were granted a Tier 4 visa to undertake a 4 year degree programme, but completed the degree programme in 3 years, the university is obliged to inform the Home Office. Once curtailment action is taken, the Home Office will write to you to advising you of the new visa expiry date. According to the Home Office policy, your visa will be curtailed so that you have the same wrap up period of leave after the new programme end date as you were originally given for your original programme end date. If you intend to start a new programme of study, you must apply for a new visa in order to do so.

Exclusion from your programme of study

If you have been excluded from your programme of study, the university is obliged to inform the Home Office. You will be eligible to appeal against the exclusion. However, the university cannot maintain your Tier 4 sponsorship while the appeal is pending. If your registration is re-instated and you are allowed to continue with your studies, you may have to apply for a new visa in order to continue with your studies.

If you decide to leave the UK while your appeal is pending, you must be aware that curtailment action may be taken by the Home Office whilst you are outside the UK and you are advised not to return to the UK on your existing Tier 4 visa.

Please note that failure to attend you programme of study regularly (i.e. poor attendance) can lead to exclusion from your programme of study.

Interruption of studies

If you have interrupted your studies, unless in exceptional circumstances, the university will normally inform the Home Office. It is not advisable for you to remain in the UK during your period of interruption, unless you are unable to leave the UK. Once you are ready to return to your programme, you must apply for a new Tier 4 visa.

Deferral of studies

If you have deferred your studies, the university is obliged to inform the Home Office. You should not remain in the UK during the deferral period. Once you are ready to return to your programme, you must apply for a new visa.

Intercalating year

If your programme of study includes an intercalating year (e.g. study abroad or work placement), and you intend to undertake this outside the UK, the university is obliged to inform the Home Office. Once you are ready to return to the UK to complete your studies, you must apply for a new CAS and a new visa.

Returning home to complete studies

If you have been given permission by your school which allows you to complete your studies from outside the UK, you need to be aware that the university is obliged to inform the Home Office that you are no longer within the UK. As you are no longer within the UK, it is deemed that you do not require a Tier 4 visa. As such, curtailment action may be taken on the remaining time left on your visa. If you wish to return to the UK to submit your work and/or tie up your affairs such as closing your bank account or moving out of your accommodation, you can do so on a standard visitor visa.

Re-sitting examinations as an external candidate

If you have been allowed to re-sit examinations or repeat the year as an external candidate, the university is obliged to inform the Home Office, and this may result in your visa being curtailed. You are therefore advised to leave the UK as soon as practicable, and remain outside the UK until such time as you need to return to the UK to re-sit examinations. You must ensure that you do not travel to the UK to re-sit examinations on the curtailed visa. If you do so, you will not be allowed to enter the UK. Instead, you should apply for a short term study visa to re-sit any examinations in the UK. Once you have been notified that you will progress onto the next stage of your programme, you should arrange to apply for a Tier 4 visa from your home country or normal country of residence.

Re-sitting examination in residence

If you have been allowed to re-sit the year in residence (i.e. you have been allowed to retake the year by attending classes for all the re-sit modules), please refer to the following page for further information on how to extend your Tier 4 visa.

Academic failure and appeal

If you have exhausted all re-sit attempts and have submitted an academic appeal against the decision prohibiting you from progressing on your programme of studies, you need to be aware that the academic appeal process is not part of your programme of studies. As such, the university is unable to maintain Tier 4 sponsorship while you wait for the outcome of your academic appeal. When the university informs the Home Office that we have stop sponsoring you under Tier 4, you will receive an email from the university. We will always recommend that you arrange to leave the UK within 60 days of receiving this email or to leave the UK by your current visa expiry date, if it is sooner.

When you have received an outcome of the academic appeal, you must contact your school to discuss the outcome. We have listed below the common scenarios following a successful outcome of an academic appeal:

  • If you are allowed further opportunities to re-take the failed modules in residence, you may have to apply for a new Tier 4 visa. . This is subject to any curtailment action which may have been taken while your appeal was in process. You must seek advice from the Visa Team at this stage. If you are re-sitting modules in residence on a Tier 4 visa, you must ensure that you are attending your programme in full.
  • If you are allowed to re-sit in residence, but your programme is 6 months or less, the university may not be in a position to sponsor you for a Tier 4 visa. We may, however, offer you to re-sit the programme on a short term study visa. Please seek advice from the Visa Team once you have discussed your re-sit options with your school.
  • If your academic appeals is successful, but you need to re-sit the failed modules as an external re-sit candidate, the university will not be in a position to sponsor you for a Tier 4 visa. If as a result of the academic appeal, you choose to take the re-sit examinations here in the UK, you must contact the Visa Team for further advice on your individual circumstances. If you are successful at this attempt, and you are allowed to progress on to the next stage of your programme, you will have to apply for a Tier 4 visa from your home country or normal country of residence.
No show (new students)

If you are granted a Tier 4 visa from outside the UK, but fail to register on your programme by the latest start date, the university will have to inform the Home Office. If you are already in the UK, once curtailment action is taken, the Home Office will write to you and curtail your Tier 4 visa with immediate effect. You can appeal against the curtailment if you applied for your Tier 4 visa before the 20 October 2014. You will not be allowed to appeal or submit a request for administrative review if you applied for your Tier 4 visa on or after the 20 October 2014.

If you are granted a Tier 4 visa but you do not enter the UK to register on your programme of study within the required registration period, this will be reported to the Home Office. You should assume that your visa will be cancelled with immediate effect and should not use it to travel to the UK. You will not receive any notification from the Home Office.

Returning students – failure to register

If you are a returning student (e.g. you have completed stage 1, and you are returning for stage 2 of your programme of studies), but you have not completed the registration process for the next stage of your programme within the required registration period (e.g. you have not paid sufficient tuition fees; or you have a hold on S3P which is preventing you from registering), the university is obliged to inform the Home Office that you are no longer a full-time student.  Curtailment action will be taken if your visa is not due to expire within 60 days. If you are subsequently allowed to register on your programme of study, you may have to apply for a new Tier 4 visa.

Important information

The above are only the most common scenarios students will encounter. If you are not covered by any of the above scenarios or have any questions, please contact the Visa Team for advice.

Please note that all Tier 4 sponsorship is governed by the Tier 4 Sponsorship Policy.

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