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Old Dec 21, 2013, 12:52 pm
  #1  
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UK Student Visa Expires Jan. 10th... advice?

Hello,

My UK Tier 4 Student Visa expires on the 10th of January, 2014. I'm thinking to leave the country on the 9th and return on the 11th on a tourist visa. I have an outbound ticket for the states in February and sufficient money in my bank account. Will I encounter problems when re-entering the UK?

Thank you for your time!
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Old Dec 21, 2013, 4:57 pm
  #2  
 
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You might have a rough time but many countries allow visa extensions for up to 3 months. If you ahow them ur Feb departure ticket you shoyld be able to get the extension. Havent tried it in the UK but other countries have been very accomodating.
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Old Dec 22, 2013, 3:10 am
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OP what's your nationality? And this should probably be moved to the UK forum...
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Old Dec 22, 2013, 7:30 am
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Originally Posted by Aviatrix
OP what's your nationality? And this should probably be moved to the UK forum...
Hey thank you for the reply--I have a United States passport. What do you think?

(I'm new to the site so I'm not really familiar with all the forums yet, thanks for the advice)
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Old Dec 22, 2013, 8:11 am
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UK Student Visa Expires Jan. 10th... advice?

This was about ten years ago now, but I did the exact same thing. Except I canceled my student visa and turned it into a tourist visa. I re-entered once or twice more on the tourist visa, but they were starting to have problems with it. (a few last sight seeing trips before going home)

I think you'll be fine, as long as you have proof of leaving in February and don't try and re-enter the country a bunch on the tourist visa.
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Old Dec 22, 2013, 9:27 am
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As a US citizen you don't need a visa to enter the UK as a tourist, so what you are proposing is perfectly legal.

However, it could set off alarm bells with UK Immigration - because it's the sort of trick people resort to when they want to stay (and possibly work) in the UK illegally.

So - prepare yourself for some tough questioning.
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Old Dec 22, 2013, 10:02 am
  #7  
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AsturiasSteve, welcome to FlyerTalk.

I'll move this thread to the U.K. forum as your concern is about U.K Visa and entry/re-entry. Ocn Vw 1K, Moderator, TravelBuzz.
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Old Dec 24, 2013, 1:59 pm
  #8  
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As soon as they run your passport at the UK border they'll see your record and what you're doing, and will have some very hard questions for you to establish whether or not you are genuinely seeking entry as a a general visitor. What will you be doing in the UK for the extra month?

In particular, if you will be continuing to live at the address you were at prior to your student visa expiring, they may well come to the conclusion that your intentions are not consistent with those of a general visitor and you may be refused entry (albeit with a couple of days' temporary admission to put your affairs in order). In this event you would be liable to be removed.

As I see it you have a number of options. You can take your chances with the current plan, you can overstay your visa (good if you don't plan on coming back here soon as they won't be organized enough to track you down during the month and the UK doesn't do anything like fining people on their wayout), or you can follow a third path, which is this. Make your trip on the 9th one to Ireland. There is no immigration control on flights from Ireland to the UK and you are automatically deemed to be admitted to the UK for 90 days as a general visitor. Then you can leave in line with your plans. If you do this, make sure you keep verifiable records of your side trip so that you are not unduly hassled on any future visit.
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Old Dec 29, 2013, 12:02 am
  #9  
 
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Originally Posted by stifle
Make your trip on the 9th one to Ireland. There is no immigration control on flights from Ireland to the UK and you are automatically deemed to be admitted to the UK for 90 days as a general visitor. Then you can leave in line with your plans. If you do this, make sure you keep verifiable records of your side trip so that you are not unduly hassled on any future visit.
You are getting into a very grey (closer to black than grey though) area here and may wind up creating more hassles than already exist.

The UK takes the view that a holder of an existing Entry Clearance entering the Common Travel Area via Ireland is subject to the terms of the UK Entry Clearance when they are within the UK, notwithstanding any other conditions (liberal or restrictive) imposed by Ireland. When he enters Ireland on the 9th, he will still be an EC holder within the CTA and hence subject to the EC conditions which will have expired by the time he returns to the UK. He can remain in Ireland, but re-entry to the UK could require the grant of a new leave to enter under different conditions if that is the interpretation they take. Alternatively they could interpret it that when his EC expired, the Irish conditions that overlap the expiry date would suffice as a new leave to enter for the duration of those conditions. Finally, there is the possibility that the Irish could impose conditions on entry that restricted his permission to remain to remain consistent with his EC expiry. In that case, this would misfire completely.

Bottom line - it is better to leave the CTA and simply apply for a new leave to enter at a regular entry port. There is nothing illegal with what you are proposing, but you will have to provide sufficient evidence to establish your bonafide intent as this is a route many others have used to bypass the system in the past.
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Old Dec 31, 2013, 4:02 am
  #10  
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Agreed if he returned to the UK on the 9th, but he says he's going to return on the 11th. Further agreed that none of these approaches are without risk but the OP to me plainly does not meet the requirements to be admitted to the UK under the status of general visitor on the 11th or any other day.
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Old Dec 31, 2013, 8:16 am
  #11  
 
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Originally Posted by stifle
plainly does not meet the requirements to be admitted to the UK under the status of general visitor on the 11th or any other day.
I don't see any evidence provided by the OP that either supports or disproves his eligibility for being granted leave to enter as a general visitor.

There is nothing that prima facie renders him ineligible for re-entry as a general visitor as soon as his student visa expires. However, as I noted above there will be a burden of proof that he will need to demonstrate that his intent is consistent with the relevant conditions applicable. If he does not intend to comply with the conditions imposed upon general visitors, then his best course of action may simply be to overstay in the UK rather than risk any kind of exit and re-entry.
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