Tier 4 visa delay... will it even be issued at this point?

I was in the UK most of the summer, and when I was finally ready to apply for a new Tier 4 visa to study I anticipated doing so in England. However, when I did finally get my CAS number I was told I would have to come back to the US to apply, and so I did. At this point, it was early September (the 9th, I think) and my course was due to start the 22nd of Sept. I know, I left it until very late.

When I finally arrived back in the states, I applied, and was unable to get a biometrics appointment until the 15th. At this point, I went ahead and paid the extra 170 to expedite my application, plus overnight shipping there and back.

On the 23rd, I received an email saying the following:
"  It is acknowledged that you purchased priority service  and we write to advise that your application was assessed ahead of other visa applications. However, after initial assessment we are required to complete further processing on your application and we will make a decision on your case at the earliest opportunity. The estimated processing time for your application has been revised and may now be up to 15 working days from today's date. "


I still have not heard anything, and the "absolute" final date to enrol at my university is the 10th (Friday). I have contacted my university, and they have not yet given me a decision as to whether or not it will even be possible for me to receive an extension on the enrolment date (no reply as of yet to my email, and no knowledgeable person has answered my phone queries). From the conversations I have had, it seemed incredibly unlikely (because I have "missed too much", which I doubt), but if there's at least a way I'm still hoping for the best.

I guess my question is, will the UKBA even consider approving my visa at this point since the start date of my course was the 22nd of September? Or will it be up to my university to decide whether or not I can still enrol?

This entire affair has left me so drained, and it seems no one can tell me anything. I have spent the last two years living in London, my life is there, and I will be absolutely devastated if I do not get my visa and cannot enrol  

And thank you so much in advance for any replies. I've hardly slept for the past three days I've been so consumed with anxiety over this 

Which university is it? Something similar happened to me when I came to the UK on my Tier 4 visa three years ago. I actually didn't fly out from the US to the UK until the 19th of October, and although it was very, very late in terms of getting onto the course and acclimating, my university still somehow allowed me to do it.

Have you spoken to the international department at your university? Do they have US representatives, and if so, have you spoken to them? Things like this do happen sometimes, unfortunately..   

It's UCL. Every time I've called, they've redirected me to my faculty, rather than the international students office. I will call tomorrow then and see if I can speak to someone who deals with US students as there must be a representative.

I still haven't gotten a reply from my faculty, and this "bellogate" thing yesterday (if you didn't hear about it, it makes for an amusing read http://www.theguardian.com/education/2014/oct/09/-sp-bellogate-ucl-students-email-addresses-leaked-online [nofollow] ) is probably not helping matters.

I'm sorry to hear about that..that email nonsense is crazy. Hopefully they fix that.

I would just call tomorrow and insist on speaking to a head person in the international office, and before they connect you, make sure you take own the name of the person and their phone number they're dirtying you to..a lot of these universities' switchboards seem completely incompetent when it comes to discussing anything.. Or try and see if there is an US representatives' office in the states. I went to UAL, and they had a US base in Colorado..Might be easier if they have that.

Hope I could be of help! Just keep your chin up, you have to in these situations..It'll probably just wind up being some stupid error on UKBA's part.

"The deadline to enrol at UCL is Friday 10th October, which is today. The deadline to come to the Faculty was 6th October; this date is carefully considered and set on the basis that anyone arriving after the 6th October would have missed far too many classes. There is no flexibility with this date, in fact we have had to refuse another student entry after this date, even though they had kept us fully informed of their visa progress.
 
You cannot come to the Faculty of Laws to study your LLB for 2014 entry. I appreciate this is disappointing and unexpected news for you. We can consider deferring your offer of a place to 2015 entry; please let us know if you would like us to do this? If so, I will contact you again with details of your place being deferred. The other option is to withdraw your place from UCL."

This is the most ridiculous thing And I know that other faculties are not the same at UCL, because I know people from my previous department who arrived much later than I.

Any advice? I'm so stunned I can't even begin to put coherent thoughts together into an actionable plan....

And how is this going to affect my visa? If they still issue it, obviously it's not going to be valid. And I already have an invalidated visa in my passport from when I was previously an undergraduate student at UCL and interrupted my studies. I can't imagine what the Home Office would think of two Tier 4 undergraduate visas if I defer my acceptance and apply again next year.

I genuinely hate this. I feel like the unluckiest person in the world today.
 

Have you spoken to someone on the phone? I would suggest that over email - I think it would be much easier for you to stress the severity of your situation if you could speak in person. Maybe try and get the head of the international students' department? Or to dean of the college, even..anything that can help you to stress that this situation is a huge problem.

I'm really appalled by UCL's response to all of this..It seems like they're not trying to help you at all. Especially when this is a situation that has nothing to do with you - It's been completely up to UKBA to figure out and you've been waiting on them to issue you your visa. Have you tried calling the UK Consulate that you sent your visa application to? I know a lot of people have many mixed feelings towards UKBA Consulate helplines, but they might be able to offer you something..

My opinion is to just keep calling/contacting whoever you can until you get to someone who will help you. There's got to be someone who can help in your uni..

I'm sorry I can't be of huge help. 

My opinion is to just keep calling/contacting whoever you can until you get to someone who will help you. There's got to be someone who can help in your uni..

That email sounded final to me, sorry.

I guess the choice is either defer, as they suggested, or look for a university with a later start?

I'm really appalled by UCL's response to all of this..It seems like they're not trying to help you at all. Especially when this is a situation that has nothing to do with you - It's been completely up to UKBA to figure out and you've been waiting on them to issue you your visa.

As Toska admitted, she left it very late to apply, at one of the busiest times of the year because of all the other students wanting visas. There would also be extra checks needed because she has already had a student visa cancelled before and there are visa caps (limited time they are allowed to study in the UK, even for cancelled Tier 4s) for each international student.

.And how is this going to affect my visa? If they still issue it, obviously it's not going to be valid.

UCL are required to tell UKVI that they are withdrawing sponsorship, it's part of their licence requirements as a Tier 4 sponsor.


 

And I already have an invalidated visa in my passport from when I was previously an undergraduate student at UCL and interrupted my studies. I can't imagine what the Home Office would think of two Tier 4 undergraduate visas if I defer my acceptance and apply again next year.

Missing the university deadline and losing your sponsorship because of that, will not affect future visas. So don't worry about that.

Your previous cancelled Tier4 might if you left part way through, but only if it affects your cap as a student in the UK (depending on how long you want to study and at what level).

It's overstaying that causes the main problems, along with commiting crimes in the UK, working when not allowed, using the NHS for free when not allowed, claiming public funds when not allowed etc. Withdrawal of sponsorship doesn't matter and UKVI are use to seeing that with visa holders.

There would also be extra checks needed because she has already had a student visa cancelled before and there are visa caps (limited time they are allowed to study in the UK, even for cancelled Tier 4s) for each international student.

I'm studying law at any rate, so there is an exception for the subject, but I was actually more worried about whether or not I could be granted a visa since I was applying for a course that was not at a "higher level" than my previous one. I guess I wouldn't have been issued a CAS number though if that were the case.

"My opinion is to just keep calling/contacting whoever you can until you get to someone who will help you. There's got to be someone who can help in your uni.."

I'm going to do this because really, I feel this is unfair. I did leave it later than I should have, but it's also because I was in London and had been misinformed that I could apply from there. I had intended to pay the extra fee to get a one day decision at the UKBA office in Croydon, and then found out I had to return to the US. I still returned a month in advance, expedited everything, and was delayed henceforth.

There are a lot of issues in general I'm having with this. Just for example, the lectures are all online, and I've only missed one tutorial in each module. Most people miss them freshers week anyway! And besides, the policy is that you are allowed to miss two in each module. It seems like it would be better to miss them at the very start rather than a more critical time in the year.

Anyway, I guess that's all rather irrelevant.

Another question though: can I even hope to get the visa now? Or do you think sponsorship will have already been withdrawn? It seems like there would be some delay in line with the bureaucratic red tape and all, right?

Thank you both for your responses though, and rejoki1, I appreciate the support. This has been a week from hell!

I was actually more worried about whether or not I could be granted a visa since I was applying for a course that was not at a "higher level" than my previous one. I guess I wouldn't have been issued a CAS number though if that were the case.

Not 'showing academic progress', is one of the reasons UKVI may deny a Tier 4 visa even if a university issued a CAS. This, and you not completing a previous study in the UK, meant your application wasn't a straightforward visa application.

I did leave it later than I should have, but it's also because I was in London and had been misinformed that I could apply from there.

If the university gave you incorrect infomation about your visa, then you may be able to use this to get them to allow you a later start date?

Was it your last Tier 4 visa that was cancelled when you didn't continue on your course? If it was, what visa were you in the UK on, over the summer?

Another question though: can I even hope to get the visa now? Or do you think sponsorship will have already been withdrawn?

If they have decided to withdraw your sponsorship, then they are required to inform UKVI of their decision within a set timeframe.  The university will be able to tell you if they have already done this.

It seems like there would be some delay in line with the bureaucratic red tape and all, right?

Not sure what you mean? If UKVI have already issued the visa when they receive word that your sponsorship has been withdrawn, the visa will be cancelled on their records at the border if you try to enter the UK on a cancelled visa. Is that what you mean?

Who misinformed you that you could apply in the UK?

Not 'showing academic progress', is one of the reasons UKVI may deny a Tier 4 visa even if a university issued a CAS. This, and you not completing a previous study in the UK, meant your application wasn't a straightforward visa application.

Okay.... I really wish I had discovered this forum sooner. Now, on top of worrying about what I'm going to do with my year, I'm worrying about even getting a visa next year! I could spend this whole year doing an internship, only to apply for a visa next year and be denied? My old department has given me until the 30th to re-enrol, but at this point I can't possibly see being issued a NEW CAS number, applying for a NEW visa, and getting it even remotely near to that date. And maybe I wouldn't even get that one either. I feel hopeless in this situation. I've spent so much money and invested so much time into all of this, and it seems right now as if I will get nothing whatsoever out of it. Probably the worst week of my life 

As for being misinformed, another university told me that I could apply in the UK. I can only assume they were operating under the assumption that I was in the UK as a Tier 4 student still, rather than a tourist. I think I did explain that, but was told so anyway. My fault for not double checking with UCL sooner

Okay.... I really wish I had discovered this forum sooner. Now, on top of worrying about what I'm going to do with my year, I'm worrying about even getting a visa next year! I could spend this whole year doing an internship, only to apply for a visa next year and be denied?

Is the Tier 4 you want, to repeat a module? If it is, then they will allow a Tier 4 for that under Academic Progress.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/343718/T4_Guidance_08-14.pdf

TBH, UCL have a lot of international students and they should be aware of who will and who won't be given a Tier 4 visa.

As for being misinformed, another university told me that I could apply in the UK. I can only assume they were operating under the assumption that I was in the UK as a Tier 4 student still, rather than a tourist. I think I did explain that, but was told so anyway. My fault for not double checking with UCL sooner

I think they must have assumed that. Those on a visitor visa can't apply for visas from inside the UK, work or use the NHS for free.