Potentially Awkward Visa Issue

So I come to the group that might know!  We're here on my husband's student visa, and due to a variety of issues (like the department losing his paperwork for re-enrollment) it looks like he may not be a student this coming Academic year.  Our visas were issued originally to be good through Oct 2006, but if he's not a student are they still valid or does our change in status not matter? I'm leaning towards the former, but he seems to think the latter. 

There is still a chance that they'll go ahead and let him enroll since the reason he missed the quota was their fault, but I really hate to bank on it.

Thanks all!

I'm leaning towards the former, but he seems to think the latter. 

He's wrong.

If he's not enrolled full-time by the time the term starts, he would need to file a variance *BEFORE* the first day of the new term.  If he doesn't, then he's illegal.  Short and sweet. 

It doesn't matter whose fault it is that paperwork went missing.

Hope that helps.

That's what I thought.  One other quick question then, what's a variance?

One thing I've learned about British Universities - you must hand-hold them thru every step of paperwork. Whether it's enrollment or tuition or loan stuff.

I'm sure you've done this, but if they have made the error, then I'd be in their offices every day until they got things sorted out!

I'm sure you've done this, but if they have made the error, then I'd be in their offices every day until they got things sorted out!

Superb!  I didn't think about it from that angle, but hey why not? 

Get in there and bug the uni to get things sorted.  All they have to do is register the lad and it's done and dusted.  Nice call, balmer 

I used to go up to balmer myself sometimes. 

One thing I've learned about British Universities - you must hand-hold them thru every step of paperwork. Whether it's enrollment or tuition or loan stuff.

I'm sure you've done this, but if they have made the error, then I'd be in their offices every day until they got things sorted out!

Yes, DH has been on the phone with them daily and will be in their offices on Monday (and has to take a day off work to do it).  Since it's his schooling at stake, I've been letting him deal with them, but I'm trying to prepare for worst case scenarios.

That's what I thought.  One other quick question then, what's a variance?

It's the difference between the conditions of your visa and your actual situation.  The law says they need to be filed and assigned to a caseworker.  Yours is a classic example, but also the case where a WP holder gets made redundant, or if a WP dependent gets separated/divorced from the WP holder, or if a spousal visa goes in to curtailment. 

A beneficial side-effect is the CYA.  If they ever check and ask you about it, you can say, "Oh yes, I filed a variance on such and such a date and my caseworker was so and so".  End of question.

How they react to them largely depends upon how it's presented.  Sometimes it's adequate to simply call or fax them - or even to drop by an immigration office (late on a Friday afternoon)  ; other situations that have some delicate issues call for some planning and word-smithing.

But I like Balmer's advice to hang tough at the uni office and spoonfeed them...

Quick update - evidently there is no single form that informs the home office of our change in status and our work permits are void from the moment he ceases to be a student/under consideration regardless.  Fortunately, our leave to remain stays good through the original issue date (Oct 06), all we need are the work permits. 

Right now we're exploring the HSMP and getting a work visa through one of our employers, so this question has been answered I think.  Now off to dig through old threads on our new situation.   *sigh*