Can I stay in the UK after my student visa expires?
If you are on a Tier 4 student visa in the UK and would like to continue your studies here, you can apply for an extension from within the country on the condition that you have received the qualification on which your original visa was granted.
However, many Tier 4 students also want to stay in the UK but not necessarily continue studying, and we receive many inquiries from students who ask can I stay in the UK after my student visa expires?
The answer is “yes”, they can if there is a good reason to stay.
Circumstances whereby a student visa may ‘expire.’
(1) The course may have come to an end, and the student may not want to return to their home country.
(2) The student may not have the financial means to continue with their studies, and their visa may be curtailed by the Home Office.
(3) The student may have dropped out of the system and not be interested studying; again the Home office may curtail their visa once the school/ college/ university ( the educational establishment) inform the Home Office of the student’s non-attendance.
(4) The Educational establishment may have closed down because its sponsor licence may have been revoked by the Home Office, or it may have been a bogus establishment. In either event, the student will, in all probability, be unable to recoup their fees and have insufficient funds to pay for the journey home.
(5) The student may simply want a better life in the UK, using the student visa as a way of gaining entry to the country with the real intention to stay and work. The educational establishment may report the student’s absence to the Home Office, who will then curtail the visa.
(6) The student may have been involved in some fraudulent activity and used a proxy to take their English language test to extend their visa, which could then have been refused.
(7) The student may have forgotten to renew their visa before expiry.
(8) There may have been an unreasonable and wrongful refusal by the Home Office of an application for a visa extension.
(9) The student may have been working more than the permitted number of hours during term time, and their visa may be curtailed or any extension application refused.
So how can a student stay on in the UK?
Inappropriate circumstances the student may be able to apply for an administrative review of the refusal to extend or to curtail their visa, or there may be medical or other family reasons to stay on. The student may have developed relationships here with a British citizen or a settled person, had children or and there may be elderly parents who are settled or British.
There may therefore be a host of circumstances whereby the former student can make an application to the Home Office to stay in the UK on family or private life grounds based on Article 8 of the ECHR, even though their student visa may due to so many scenarios have come to an end. There may also be good reasons for the former student to claim asylum or humanitarian protection in the UK based upon fear for life if forced to return.
Learn more about the Tier 4 Student Visa
Our qualified and experienced lawyers can provide you with the best advice on how to obtain, renew and switch to or from a Tier 4 Student Visa. Follow the link to find out more.