Right of appeal against a Student Visa refusal to be abolished
Posted Under: News
The right to lodge an appeal against a student visa refusal to the Asylum and Immigration Tribunal (AIT) will be abolished when Tier 4 starts at the end of March.
Every day hundreds of appeals against Entry Clearance refusals are currently heard before an independent Immigration Judge at the AIT.
Around 25% of refusals are overturned on appeal, a staggering number considering that most appellants do not even show up in court, or opt to have their cases dealt with ‘on papers’ with no representation.
There is no fee to lodge an appeal to the AIT and have your case considered by a judge in the UK, and you do not have to use legal representation, for which there would normally be a charge.
The right of appeal will be replaced by an “Administrative Review” – basically the case will be reviewed by another Entry Clearance Manager (ECM).
Entry Clearance refusals cases subject to appeal are of course already reviewed by an ECM before going on to a full hearing in the UK. According to appeal specialists Bison UK, the “vast majority of refusal cases are upheld by the Entry Clearance Officer’s (ECO) manager”.
However, where cases do reach the AIT for a full appeal the figures are almost reversed. In their experience, over 95% of the refusals upheld by the ECM were subsequently overturned by an Immigration Judge at the AIT hearing.
In other words, an independent Immigration Judge has deemed that 95% of those visa refusals were unlawful.
In one of Bison UK’s recent visa appeal cases, two Filipino Brothers (RRA and RJA) were on the same day both refused student visas to study NVQ in Health and Social Care at Majestic College in London.
The ECO at the British Embassy in Manila refused the young prospective students under section (ii) of paragraph 57 of the Immigration Rules (HC395).
Essentially, the ECO was saying that he did not believe they were coming to the UK to study and that they were only going to the UK to join their Mother and work.
No evidence for these accusations were put forward by the ECO, who based his refusal on what Bison UK’s appeal specialist said was “mere suspicion”.
At the hearing this month the judge disagreed and allowed both appeal stating in the written determination:
“I am satisfied that each appellant (The Brothers appealing) has established to the required standard that he meets the requirements of the Rules for entry clearance as a student”
He continues:
“I am not satisfied that the decision of the respondent (the Entry Clearance Officer) is in accordance with the law and immigration rules applicable to this appeal.”
In other words, the judge is saying the refusal is unlawful.
What chance do students have under the Tier 4 of the new points system?
The Government argues that because the points based system will be more transparent and fair, there will be no need for an appeal process.
Under tier 4, students will, say the Government, only be refused on factual information, such as fraudulent documents or lack of funds. Students will not be refused on purely “subjective” reasons such as:
“I am not satisfied on the balance of probabilities that you intend to leave the UK at the end of your studies” or
“On the balance of probabilities I am not satisfied that you are a genuine student”.
This is commonly known as refusing on “intention”, something which, according to UK Border officials at a recent meeting in London, will not be allowed under the new system.
This is will be a major change for ECO’s who are used to acting on their own suspicions and opinions, and it remains to be seen what will happen in practice when the new system comes in at the end of March.
In the meantime you are free to exercise your fundamental right of appeal. Appeal cases are heard in the UK before an independent Immigration Judge, something you should consider when appointing an adviser to handle your appeal. An overseas lawyer will not be able to represent you at the all important hearing and you may end up paying separately for a UK based advocate.Take advice from an OISC registered adviser or Solicitor to check on available options.Finally, any applications submitted for a visa before tier 4 starts should carry the right of appeal if you are refused.
Reader Comments
Can i change student visa to stdent nurses visa
What is my chances of my appeal when i don’t have an immigration lawyer to represent me in the UK AIT? I was refuse entry visa by British Embassy Manila for two times and i submitted my appeal thru the ECO Manila office. Their refusal was based on my inability to sustain my further study and my qualification. I refute their contentions and have attached eveidence to establish that iam a genuine student.
May i hear your idea on the matter.
If you are refused entry clearance under the current rules you have the ‘right of appeal’ to the AIT (Asylum and Immigration Tribunal), where your case will be heard before an independent Immigration Judge in the UK.
Appeal specialists Bison UK has successfully overturned over 95% of visa and other refusals on appeal.
Appeals
Appeals can 3 to 4 months to be heard at the Appeals Tribunal (AIT) in the UK, however, your case will eventually be heard if you submit an appeal in time. For further information on the process please see article “Danny’s Visa Appeal” –
http://www.immigrationmatters.co.uk/060619_dannys_visa_appeal.html
Lodging an appeal, which is not always the way forward, is only the start of the process. You must have valid grounds on which to appeal, it’s no good just complaining that you have been “unfairly treated”. You will need to prepare your case and submit an evidence ‘bundle’ to the AIT prior to the hearing. You may need witnesses to back up your case. It would be advisable to have professional representation during the hearing, where your case will be heard by an Immigration Judge.
The Home Office will normally have a representative present to put their side of the case, so you need someone to fight your corner.
You do not have to use a legal representative, but if you do not and you cannot appear at the tribunal hearing (which is impossible if you your case involves an entry clearance or visa refusal), the Immigration Judge will decide the case on the papers before him.
You will greatly increase your chance of winning the appeal if you have someone in the UK to appear at the tribunal to fight your case.
When Should You Appeal? You have 28 days to lodge an appeal.
If you feel you have a genuine case or that you have been unfairly treated by all means lodge an appeal. It is your right.
How Do You Appeal?
You will receive details on how to appeal with your refusal letter. Remember, lodging the appeal is only the start of the process. The appeal hearing will usually be held in the UK before an immigration judge. You will need to submit an evidence bundle and wherever possible call witnesses.
Do you have to use a lawyer?
You do not have to appoint a legal representative and many people choose to represent themselves. However, to give yourself the best possible chance of winning it is advisable to appoint an appeal specialist to represent you and fight your case at the hearing.
What Are Your Chances of Success?
Our appeal team can assess your case and tell you honestly whether or not you are likely to win. If we do not feel you have an excellent chance of success, we will advise you to look at alternative action. Statistics show that 25% of all appeals are successful, a staggering number considering that most appeal cases are submitted with no evidence, no representatives and no witnesses.
I can refer you to Bison UK’s appeal specialist, an Immigration Law Practitioner in London, to represent you here in the UK. They are fully registered by the OISC and have over 10 years experience in handling hundreds of successful appeals. When you use our appeal specialist you will have the comfort of knowing that you are in the hands of an expert.
They will assess your case and if we feel the refusal is unfair and wrong in law will advise you to that it can be challenged on appeal, although there is no guarantee the appeal will succeed.
Appeals can be daunting and complex, but don’t be put off. You always have a chance as long as you try.
Thank you for providing an up todate and honest view of the appeal process. Presently my husband has been refused and although we’ve appealed and the hearing finds that we are in a genuine and subsisting relationship we still need to go through a reconsideration as it appears he should never have been refused and now maintenance is the issue even though we have made it clear of no need to being reliant on public funds. I Am confused. What exactly do they want. How are we to prepare for this and can our case be fast tract. I cannot bear another day month or year without him. HELP
Sorry to hear that. See http://www.visaappeals.com for more information on Entry Clearance appeals and the AIT process. It is free to appeal in most cases.
i applied my student visa extension last may 28 as my visa will expire june 31.. im under tier 4. but i already witdraw half of the money in the bank, the home office states i need 1200 as maintenance funds,i did deposit the money and printed bank statement showing the 1200 pounds and submitted it but after a week, i badly needed some of the money.. do you think the home office will know or call the bank?and will they refuse giving me visa because of that?please send me your reply to my eamil add. thanks
applied my student visa extension last may 28 as my visa will expire june 31.. im under tier 4. but i already witdraw half of the money in the bank, the home office states i need 1200 as maintenance funds,i did deposit the money and printed bank statement showing the 1200 pounds and submitted it but after a week, i badly needed some of the money.. do you think the home office will know or call the bank?and will they refuse giving me visa because of that?please send me your reply to my eamil add. thanks
WHAT WILL I DO WITH THAT BECAUSE ITS THE SAME THING THAT HAPPEN TO ME.PLEASE DO RESPONSE.TAHNK YOU
Refusals under Tier 4 are supposed to be based on factual information, i.e does your application meet the requirements of the immigration rule paragraph 245ZV (b)? The refusal (which I have not seen) states “You have applied as an Adult student and this level is equivalent to NQF level 2 and BTEC level 2. This course is not an appropriate level as stated in Guidance. Points are therefore not awarded and you do not therefore meet the requirements of paragraph 245ZV (b).” Does your course meet the requirements? On the face of it, it would appear that it does not, but I would need to see all the paperwork.
Without seeing all the paperwork it is difficult to give advice, however, there is no right of appeal under Tier – only an administrative review by an ECM.
You could reapply for a student visa for a more appropriate course.
http://www.immigrationmatters.co.uk
Can you switch from a working holiday visa onto a student visa here in the UK or do you have to return home?
i had appied for my stdent visa of which i was denied twice.thus, i knw there was no forged document in my application. I paid the entire cost of my tuition fee and part payment of my accommodation all amounted to 3,500pouds.I am not scared of the outcome of my appeal, but i suggest those that are denid should be compensated financially.odele kenny
Dear Sir
I would like to bring in your kind notice that if u can assist me in this regards..
.This is in regards to Post Study (Tier 1 Work Visa) which I applied on 08/09/08.(from India) as i have done post graduation from University of wolverhampton.
They basic crieteria for this is : – Post Graduate degree
2800 Pounds or equilvent or more amount in INR
Apply within 1 year
I applied but my visa was refused stating that i didnt have sufficient funds but in reality i had about approx ( 10Lacs INR) in my ac which is lot more than 2800 pounds.
Actually the basic problem i faced was my bank account is known as two in one ac or flexi ac where after certain balance (Rs.50000) rest of the money gets transferred in FD ac( Fixed Depoist account ) for higher intrest rates.So in my balance sheet the balance highlighted was less than GBP 2800 , but the rest of the balance was in Fixed depoist Account.
Adminstrative review
In adminstrative review as i tried to explain them i had sufficient funds in my bank ac and also bank letter than stating that i had sufficient funds in my acount but still they were not satisfy but now they have advised that i can still apply for fresh application but now the constarin is post study work (Tier1) should be applied within one year but due to this process it has crossed one year as the last correspondence letter from British High commission they mention that i can apply for fresh application and mention the reason of refusal last time but they r not mentioning abt the time bracket they r going to consider or not .
But this process has taken little longer so it is more than a year. I would like to know So, how would you want me to link my new application with the previous one so that I fulfill all the requisites? As it is the matter of my career as I fulfill the required criteria to the best of my knowledge.
I HAVE POSTED letter to British High Commission but i have not got any clear reply from them
So please if you can Guide and process my case
I am not really satisfied with decision as i have spend so much time and money on my studies and i fullfilled the crieteria but still i havent got the visa . I think in this way all international students will be disappointed . In my case also it is such a big disappointment .Please if u could provide with me the solution
I request you to please reply back at your earliest convenience.
Looking forward to hear from you soon.
Thanking you
Birinder Singh Manchanda
Dear Sir,
Can u advise me on my recent refusal of student visa under Tier 4 (General Student)category.
Entry Clearance Officer’s decision:
“I have refused your visa application on this occasion because I am not satisfied, on the balance probabilities, that you meet all of te requirements of paragraph 245ZV of the Immigration Rules and in addition your application falls to be refused under paragraph 320. This decision was made on the merits of this application. However, if you have a previous application and immigration history, this may have been considered. However, I have refused your visa application on this occasion because I am not satisfied you have met the requirements detailed below.
The Entry Clearance Officer’s reasons and supporting evidence:
The Visa Letter does not contain the mandatory information as specified in the guidance because it does not state the specific dates and type of work experience.
You therefore do no meet the requirements to be granted entry clearance under Tier 4 (General) Student and I refuse your application under paragraph 245ZV(b) of the Immigration Rules.”
Kindly help me in further assistance with further revised re-application ways. Thanking you in Anticipation
Thanks & Regards,
Idris
I applied my students visa lasy year october i was refused,and iwent for my appeal on 25 May which was not successful at all,you collected my money from my account,which you didnt give me back,you sent back every thing I sent to you except my two passport photos.
I cant understand this for 5 years i have been in this country i have been going to school 100% attendance, the reasons you gave me I cant believe God is great.
Dear Sir:
My step-son was refused a student visa on ground that he submitted fake document i.e. student enrollment. He lodged an appeal before the end of the 28 day period which was on the 16th April 2009. But up to now we have not receive any communication from the AIT that they receive my stepson’s appeal. How long does it take before we receive the Notice of Receipt? Can you advise us on what is the best thing to do?
Thank you.
John Boylan
You should have heard from the AIT by now and should chase them. It could be that they may not have received the appeal notice.
hi im here in UK on a student visa im planning to go home to the phillipines this coming october for a vacation of just two weeks because of some important occasions to attend will i be questioned by the immigration officials if i push through with my plan hope you can shed light on this matter coz im now planning to book my flight.
I assume the holiday you are taking is during term time and that your educational provider has their summer break for 6-8 weeks during August and September? If so, you could be asked by Immigration Officers why you are not studying (complying with your student visa conditions) and why you did not take your vacation during the extended summer break.
I have heard of students who took ‘term time’ holidays against advice to attend “important occasions”, usually parties of one sort or another, who were then questionned upon their return. Some were sent home and had their student visas cancelled.
MY STUDENT VISA IS REFUSED DUE TO THE MISTAKE OF ECO BECAUSE HE DIDNOT SEE MY FATHER A/C STATEMENT………………I AM VERY TENSED………
Hello
I am Sri Lankan student and studying in Northampton University. I am just completed my MBA. I was applied for my student visa renewal for extend my visa in May this year and it is refused by Home Office saying that I do not have enough funds to maintain. At that time I am fully paid my tuition fees, so I need to show only £1200 in my bank A/c (600*2). I showed that money from Sri Lankan Bank A/c, nearly £2800 (More than twice) from continuously one year.
But Home Office simply refused my visa just saying I have only £300. The mistake they done is, I showed local currencies (Sri Lankan Rupees) Rs 500,000/- as fixed deposit. But visa officer calculate this as 50,000/- (just ignore the last digit). It is 10 times smaller than its original value.
Therefore from May I cannot do anything in this country and I cannot apply any job, because I do not have a valid visa. My university not providing me a legal representative behalf of me and I have to hired a external person. They said me its cost around £1000/-. I am a poor student and how can I paying such a big price. Also I am very disappointing about the way of handling this case and there is no any organisation or any person in UK to tell this injustice. Due to this matter my whole life is went back in four months (I cannot mentioned those are here). It is not a simple thing to me , its worth thousands for me. I have a question why these officers are playing with our life. I am kindly asking a solution for this matter and also I need to know do I have a possibility to get compensation or take any legal action against these careless officers.
Thank you.
Sanjeewa
hi friends, this is Ananth welinkerr from india… i applied for studnt visa on april but it get refused stating that the college offer letter dosent contain necessary information…then i again applied for 2nd time while applying on 2nd time i submitted the 1st refusel letter along with the application letter… but unfortunately my 2 time was also refused, then again applied for 3rd time, while applying on 3 rd time, i submitted my 2nd refusel letter but i didnt mention the reful of the first one because i submitted the 1st rtefusal letter in the second time… unfortunately my 3rd visa also refused and i was banned for 10 years….. stating that i didnt mention the 1st refusel on the third time application……. i done it because i was not aware of that….. i thought that 2nd refusel will hold the history of 1st refusel……. i applied for administrative review on july 20….. but still i didnt get any response…. if anybody knows solution please allow to know me as quick as possible…….
sir,
My visa refused due to insuffient funds. I got full points on course, but the point was 0 on the fund section. Accoding to tier 4, all application before october 2009 show there fund on the day of application. My funds are according to there critaria before the few days of application. Please explain this matter. I applied on 30th of june 2009. Thanks
sir,
My visa extension was refused due to insuffient funds. I got full points on course, but the point was 0 on the fund section. Accoding to tier 4, all application before october 2009 show there fund on the day of application. My funds are according to there critaria before the few days of application. Please explain this matter. I applied on 30th of june 2009. Thanks
You should see an OISC registered Level 3 adviser who specialises in appeals or refusals.
I received my husband visa refusal yesterday after 8 long months of waiting On the following grounds to qoute,,, ” I am not satisfied that you meet the remaining requirements paragraph 57(i)(ii)&(vii) of the Immigration rules. You have submitted a letter from Healthcare training Academy that confirms you have been accepted onto an NVQ Level 4 course in Hospitality and Catering. your application form was signed and submitted on the 26th of januray 2009. Records show however that this establishment was removed from the DIUS register in January 2009. I am not therefore satisfied that you have been accepted for a course of study or a period of research. which is to be provided by or undertaken at an organization which is included on the register of Education and training providers. You do not therefore meet the rquirement of paragraph 57(i)of the immigration Rules.
I am aware that such courses in the United Kingdom enables student to work between 35 and 40 hours per week for full pay. I have taken into consideration your own admission that you are ‘jack of all trades” and what appears to be lack of direction employment wise. I have also noted that your abandonment of previous studies here I note the fact that a student visa would enable you to work and derive income far greater than you previously enjoy… …… you do not therefore meet the requirement of paragraph 57 (ii) and(vii) of the immigration rules… My question is there any chance for my husband to make an appeal, what and how are we going to do it? Can your office help us, about this matter.? Please need your reply
Thank You And More power to your office.
My Kind regards,
Jovita D. Conales,
You need to take legal advice from an appeal specialist on whether or not to appeal. See http://www.visaappeals.com
What is the current situation with the college?
hi there
i think there is somthing wrong with my comments because it says: ‘your comment is awaiting moderation’.
please help
many thanks
I have applied before yesterday here from Kuwait for PBS tier 4 Student Ge., I am Nepali Citizen.From last 5 years i am working and residing in Kuwait.I bring money from Nepal to show Bank Statement for Ment.Fund,and i deposited whole amount one day then next day i have taken Statement and i applied
now I just wanna know thay will provided me visa??
good day! i just received the result of my tier 4 student visa application (general). i was refused! here is the reason and comment regarding the refusal of my application: I AM NOT SATISFIED THAT YOU HAVE PROVIDED THE SUFFICIENT DOCUMENTS TO SHOW THAT YOU ARE IN POSSESSION OF SUFFICIENT FUNDS, AS DETAILED IN PARAGRAPH 10 TO 13 OF APPENDIX C OF THE IMMIGRATION RULES.
YOUR APPLICATION SHOWS THAT YOU NEED TO DEMONSTRATE THAT YOU HAVE AT LEAST 7,156 POUNDS AVAILABLE ITO FINANCE YOUR STUDIES,HOWEVER THE BANK CERTIFICATE THAT YOU HAVE SUBMITTED FROM SURIGAONON RURAL BANKING CORPORATION DOES NOT DEMONSTRATE THAT YOU HAVE THE NECESSARY FUNDS AVAILABLE TO FINANCE YOUR STUDIES.
i do not clearly understand the eason behind the refusal since i submitted a proof that i can support myself financially…i had a bank certificate worth 500,000..pls help me understand and advice me on what to do next for my appeal..thank you.
If you think the decision is incorrect you need to see a visa specialist or apply yourself for an administrative review.
Dear sirs
I have been denied a visa extension because i didn’t show them that i was enrolled on a course. I was waiting for my degree results and sent all the documents that the college gave me.
I have been asked to appeal but i got my degree certificates now and i want to apply for the post study visa. What can i do now?
Do i have to make a fresh application for the post study or just appeal or what????
Let me know as soon as possible
Regards
Dear sir,
I am from Bangladesh , i was refused(as a student) in 2007 when the 4 tier system was not introduced. The refused ground was under immigration rules 320(21). But in new immigration rules 320 is there but (21)subsection is deleted.Now my question is,Is it possible that i can apply for student visa in new rules ?
My sister has applied for student visa but refused due to false information. She forgotten that i asked the employer here in the uk to apply for a work permit for her that was 2003 and was refused because of lack of experience that time. My sister put on her application that she never applied or denied a uk visa before and she was further contacted by the immigration to confirm her statement, before they decided to refused her appication. Is there a chance that she can appeal to that or is she banned for 10 years to apply or enter uk.
Was she given a right of appeal on the refusal? If so you should consider an appeal – see http://www.visaappeals.com
My nephew applied for a student visa, 80% of his tuition fee is being paid by his father only 20% that is left, eco refused to grant him visa on the basic that the father will not beable to sustain him in UK without him being engaged in the employment, they also did mention that the bulk money was paid into his dad’s account, which evidence was provided,the money was actually from esusu which is a contribution scheme he took part in, which was the money the dad had paid into one of his account which he presented at the embassy. During the appeal the dad had enclosed his salary account and also the statement showing where the money came from anmd other relevant document.
However i did agreed to provide the accomodation to my nephew which still stand.
Do I need to go and represent my nephew or do i need to get an adviser to to go with me?
yello all
i got rejected bcause i didnt provide in my application the document which i used to enroll in the degree course im studing at!!!!!!!!!! well i dont need to send the documets if im a continuing student in my final year in uni and with passes in all my previous semesters such fools a waste of time
suckaaa
It is difficult to advise without all the facts and it is not clear at what stage you are at with the appeal or hearing at the AIT.
For information on appeals see http://www.visaappeals.com
myself and and my father had applied for visit on the sponsorship of our family friend who is retired educationlaist and well settled in uk. our visas were refused on unjustifed grounds , we lodged our appeal to AIT but the tribunal endorsed the decesion of ECO which we believe is based on ufair and unjustifed grounds. Please guide me.
thanks
kamran
hi my name is alam. i was refused under tier 4 because of lack of money(£232). I already appealed. Can you plz tell me is it possible to win under tier 4? thanks
Applicant’s comments:
Respected Sir/Madam,
I M.RAJA KRISHNA MURTHY, applied for entry clearance to the United Kingdom as a student for one year in 2006 refused my application as per 320 (21) Immigration rules. But unfortunate notice of Immigration decision letter got to me after 28 days i am not appeal that time. Now i just want to reapply for my Higher Studies, is there any chance for reappeal please let me know the details as per your confirmation i can reapply. My career will start once again. With this mail i am attaching NOTICE OF IMMIGRATION DECISION have look at it and give me the feedback to me. If any information is there feel free to revert back to me.
Thanking you,
with regards,
M.RAJA KRISHNA MURTHY
Ph:09290119006
GV51 (FRA) Rev 08/05
NOTICE OF IMMIGRATION DECISION
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of
the Nationality, Immigration and Asylum Act 2002
REFUSAL OF ENTRY CLEARANCE OR CERTIFICATE OF ENTITLEMENT TO THE
RIGHT OF ABODE
Post reference: / 578443
To: RAJA KRISHNA MURTHY MORLA
I have carefully considered your application on the basis of your passport, application form and the paper you have provided. You have declared that the information you have given is complete and true to the best of your knowledge. In support of your application you have submitted a document As a result of check made by this office, detailed in a document verification report, I am satisfied to a high degree of probability that this document is not genuine. Having assessed your application as a whole I am satisfied that this document is material to your application and I am not therefore prepared to exercise discretion in your favour. Your application is therefore refused in accordance with paragraph 320 (21) of the Immigration Rules, which states that an entry clearance should normally be refused whether or not to an applicant’s knowledge a false document is being submitted in support of an application.
You have applied for entry clearance to the United Kingdom as a student for one year
I therefore refuse your application.
You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration
and Asylum Act 2002. If you do so, your appeal will be dealt with in the United Kingdom. The appeal can only be made on one or more of the following grounds:
• That the decision is not in accordance with the Immigration Rules;
• That the decision is unlawful because it racially discriminates against you;
• That the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights;
• That the decision breaches rights you have as an EEA National or member of such a person’s family under Community Treaties relating to entry or to residence in the United Kingdom;
• That the decision is otherwise not in accordance with law;
• That a discretion under the Immigration Rules should have been exercised differently.
You should not appeal on grounds which do not apply to you. You must also give arguments and any supporting evidence which justifies your grounds.
If you which to appeal you should complete Appeal Form AIT-2, a copy of which will be given to you with this notice. A guidance leaflet is also enclosed which explains what to do. You must lodge your appeal at the Asylum and Immigration Tribunal. You may do this by:
• Fax to: +44(0)1509221699
• Post to: Asylum and Immigration Tribunal,
PO Box 7866, Loughborough, United Kingdom. LE11 2XZ
Or you can return your appeal to:
Visa Department, British Deputy High Commission, 20 Anderson Road, Chennai 600 006
The complete appeal form should not arrive later than 28 days after the date of this notice.
The complete appeal form must be signed and dated.
Entry Clearance Officer R Goulson Date of refusal 04/04/2006
A notice (of which this is a copy) was sent to me by VFS on behalf of the British Embassy CHENNAI / MADRAS
The contents have been translated to me in
Applicant’s signature Date
hello…i just got refused with my uk student visa, the ground is that, because i think the ECO misunderstood the acceptance letter from my school saying that a work placement has been arranged at one of the following, there were two work placement for me to choose from…the ECO said on his refusal letter that he did not believe i’ll meet the rule of not exceeding 50% of my work on my studies…he also said that it’s because i have two work placements on my acceptance letter…i was disappointed though i know that he was wrong and there is a mistake on his decision…i already gave administrative review on my application…what is my chance of getting my visa???
hi im student from india and my visa will expire on oct31st im planning to extend my visa from b grade college which is cheaper so can anyone tell me if i apply from b grade college is my visa most likely to get rejected or b grade college has equilent points(30 points) as a grade colleges.should i go for b garde college?is it safe??
The college should take on board the ECO’s comments, although you still think they are wrong. You should seek advice locally from a visa specialist.
Thank you for give us this opportunity to express our feelings. Well, i’m a student in UK, and my visa was to expired by 31st June 2009,but on the 29th of June 2009,i submitted my application form and on the 31st June 2009,i received an acknowledgement letter stated that they had received my application. Then,on the 4th July 2009,they sent out a to me but which got to me on the 30th July and the letter was for resubmission of passport photograph .and before i did resubmitted i called the office to find out if i could submit a fresh statement of A/C along with the form but the person i spoke with told me if they did not say anything about that,that i shouldn’t bother about that. And after the resubmission,on the 10th August 2009,i got a letter from them which required me to book for biometric test which i did and on the 18th August 2009,i went for the biometric test and after that 3 weeks later i got a letter from them telling me that they refused me visa,saying that i submitted my application form on the 2nd of August 2009 and that my visa had expird before i did submitted it and i have evidence that showed when my form got to their office and the day they collected their charge,and these falls between June 30th to July 4th when they collected my form and their charge from my bank A/C, And on this ground, do i have right to appeal? Please,i will be glad to hearing from you. Thanks.
You need to take advice and see an immigration appeal specialist as soon as possible.
dear sir,
i have been applied for student visa under tier 4 student adult i was refused here are the comment made by the ECO:
I am not satisfied that you have provided the specified documents to show that you are in possession of sufficient funds, as detailed in paragraphs 10 to 13 of appendix C of the Immigration Rules. The personal bank statements you have submitted in your name do not demonstrate that you have the necessary funds available to cover the remainder of your tuition fees (1205 pounds) and your accommodation charges of 5400 pounds. You therefore do not meet the requirements to be granted entry clearance under tier 4 (general) student and i refuse your application under paragraph 245zv (c) of the immigration rules….
the reason why the comment is like that because i submit my bankbook xerox which was the one with meager amount of 60.000 pesos now that i know it is a requirement to have more than 500.000 i ask my parents to transfer my money to my bank account so they did…
PLs help me with this give me good advice on what im going to do next…. oh by the way i already send my letter of appeal and a certification of my bank statement of about 745.000 pesos together with my passport i send it to this address
visa section
appeals team
120 upper mc kinley road
mckinley hill
taguig city 1634
i already track the representative who recieved my letter according to the courier who recieved my document… until now i dont have recieved any message from my cellphone or email to let me know if they recieved my letter im so worried because i sent my passport there…
how long i will wait for their answer…? pls give me advice im so desperate… my mom is going to be here on december 2009 i should join them when they comeback in UK on january 2010 my school in UK will be start on Jan 10.2010 that is why i need to get hurry ….
sir,
My visa extension was refused due to insuffient funds. I got full points on course, but the point was 0 on the fund section. Accoding to tier 4, all application before nov 2009 show there fund on the day of application. My funds are according to there critaria before the few days of application. Please explain this matter. I applied on 30th of sept 2009. Thanks
sir,
my friends student visa extension was refused.his visa was expiring on the 31st of july but he filed application late on 3rd of august.On the 14 of august he got the application back stating that photos were missing but he actually sent the photos.When he sent the application back ukba recieved it on 21 august.during this preiod his colleges tier-4 license was suspended but he wasnt aware.He gave biometrics in october.On 3rd november he got refusal letter saying no right of appeal on the basis of late application and also that his college is not on tier-4 anymore.wat can he do now??can he submit a fresh application or ask them to reconsider?he was sick thats why he filed the application late.please help!!
Hi Mr. Charles!
I just want to asked an an advice about my aunt who was denied 4times by the ECO…1st reson was about the visa letter from he school did not state how they evaluate her qualifation, second her bank statement was not updated, third her bank certificate was not printed on the origina letter head of the bank and lastly she did not sumitted the original passbook. on the last refusal the ECO said that she don’t have the right for an appeal because it’s baseless. I think this is too much…please Mr. charles if you can give us an advice we will be grateful forever to you. Thank you so much!
hi sir
i m from pakistan.my prob iz that i was apply
student visa now embassy refuse my visa and say that u fave fake digrees 320 they send my all papers but they not send my passport and my degrees plz u told me that were did i get my passport.thx
hello my student visa was refused under tier 4 an than i appeal for that.now they allowed my appeal so my appeal is success right now.but unfortunatly i dont know anythink about what i have to do after this decision/i need help thx for help….
Hey Charles,
I am a student from Pakistan’s Capital. The first time i applied for a UK student Visa was back in 2007, i was refused due to some misconceptions found in the bank statement. However, a year and a half later in 2009,i decided to go on with the full throttle and applied again, allowing no room for an discrepancy to hamper my chances of success.
However, to my amazement, i was refused again on the basis of *assumptions* that ECO does not believe that i will take up study once i reach there (although i had paid fee in advance).
Anyways, i lodged an appeal with the tribunal this time and by Gods grace, i am finally allowed with the appeal, i received the call in letter from BHC and submitted my passport few days ago. In the call in letter from local British Embassy, they had only asked for the documents which were ticked, these included (University Visa Letter, TB Test & Passport).
Now comes my Question !
Q) They did not ask for the updated bank statement, and although i wanted to attach, but i was advised by my peers not to. The problem is that i changed my bank account and i wanted to let them know. Now i am operating with HSBC and before it was a local bank.
I want to ask, what if they check my old bank Acc? Will the appeal be void? Or will they ask for explanation? Or will my appeal be disallowed automatically.
I have heard the appeal becomes null & void in such a case and i will be barged from getting a visa.
How trues is it? and how many chances are that i get the visa after appeal is approved?
I seek immediate reply.
Kindest Regards
Mikael Alee
dear sir
my application of student visa was refused approx 4 years back due to bogus educational documents, it happened because of consultants bad advice.
i want to apply again with my genuine documents through tier 4 procedure, please help me out with necessary guideline.
::: Please Assess my Case & Advise ::::
Visa Category : Tier 4 General Student Dependent
Primary App : Wife – Already has valid visa. Pursuing
her masters from outer london university.
Dependent : husband intends to join her now.
Refusal 1 : Poor quality of marriage cert.
Accommodation evidence required.
Refusal 2 : Maintenance funds not enough.
(had shown them flexi savings account
so they did not consider modular
balance though i had 26 lakhs in the
account.)
Refusal 3 : Maintenance funds for wife not shown
with her remaining tuition fees.
( has shown funds for myself and not
spouse as its not required since she
already has visa and is studying in
uk already; plus her funds were shown
at time of her application.)
PLEASE ADVISE WHAT SHOULD I DO NOT AND WHAT GROUNDS SHOULD I APPEAL IF I SHOULD. IMMIGRATION RULES ARE IN MY FAVOR CLEARLY AS I DO NOT NEED TO SHOW SPOUSE MAINTENANCE FUNDS IF APPLYING SEPARATELY. HELP.
Dear Sir,
I am a filipino with a British national wife.I was refuse for entry clearance in the uk for settlement and gain an appeal.last sept.2009 I receive an email from the ECO stating that the original decision has been “overturned” by the ECM who reviewed my application and they were informed the AIT in London that the appeal to be withrawn.24th November,the AIT sent me the copy of the notice of decision stating that the appeal was withrawn.On the same day i receive a call from one of the staff saying they are reversing the decision and let the AIT decide for the outcome of my visa.from sept.2009 till today(11th Dec.2009) I haven’t receive any formal letter or communication from the embassy regarding this matter.I sent lots of email’s enquiry about this matter to them but unfortunately until this time I haven’t got any responce at all.This is I would like to ask for an advice or clarification.thanks and more power.
kind regards,
Mr.E.Tiglao
You should take legal advice and go through the full facts of the case with a specialist immigration adviser.
dear sir,
i want to ask a simple question i appealed against the refeusal of tier 4 genral student visa and the appeal wasnt accepted i mean it was late the last date of submission of appeal was 4 of november that was received by the tribunal on 25 of november so the tribunal rejected my appeal without even lodging it and sed the time is unextenable and they made this decision on 1st of december now i want to ask shal i wait for any letter from home office to leave country r i leave it now myselfwhat is my legalstatus now
Dear sir,
I recently applied for extension of my tudent visa. Though my 4 yrs here in UK I have managed to do 2 diplomas as well as persue my MA degree. Now the fact that I hd to resit my dissertation it to me longer to finish.As I am waiting for my results and hopefully graduate in April 2010 I applied for another Post Graduate Diploma to boost my MA. As my visa was expiring I appied for an extension only to be denied on grounds of me not providing my BA certificate and enough maintenance and fee fund for the year requirement for the point based system. Shoul I go ahead and appeal or should I make a new appiation. I do have my BA certificate and I just needed some more tim for funds as what I had before was used for y MA fee.
Again my partner and I were hoping to get married, he is a British citizen. What are my chances if opt to take this different course of partnership application after my exension asbeen declined. I am on a thn dedline
my appeal made on the 4 nov 2009 for student visa extension was denied and i was asked to appeal futher which i did and it was equally denied and i was asked to appeal futher again. do i have the right to apply for a fresh application for post study work since i still have a valid student graduate certificate?
hi there sir,
my husband and my son was refused for dependent visa when they applied for the visa back home.He was a student before here he did finished exam and went back to home country to applied for the dependent visa.As i’m a student under old rules,he could switch it in the uk but he wanted to see his dad who was ill and suffering with cancer.The reason of the refusal.
‘You previously in the uk as student.You have stated that you have completeed your degree course at ……College In your interview you said you were studying there because the fees were good but that is was important to you to obtain a UK qualification.However the university was stated as the awarding body is not a UK recognised university.It is in fact based in Australia.You said you had no documentation from the university ifself to support your claim that you had taken final examinations and that you being considered for the award of a degree.We have asked you on 2 ocassions to provide evidence from the uviversity that you are known to them and that you are being considered for the award of a degree.You have failed to submit this information.You said at interview,you have asked the uk college but they had not provided the information.I am minded that you could approached the University directly for evidence but you have not done so.I am therefore satisfied that you have failed to provide as requested and your application is refused Paragraph 320(8a)
For your information he did not appeal.
Because of this unfair decision ,effect my sons life ver badly.He always asked me “when baby can see mummy? im very sad to hear that.my life is going upsight down ! Please advice .I would like to with my husband and son as a family.
You should have taken legal advice on a possible appeal if you think the decision was wrong. Take legal immigration advice from a registered adviser before reapplying.
Hi, i have been in the uk for over 3 years, i am studying law and it is my final year, my student visa extention has been rejected and i am not sure of the reason, can i appeal whatever the reason may be and who do i need to speak to in regards with this?
You did not say why they rejected your application, which should have been outlined in your letter (you are a law student and presumably aware of this?), but you must take advice from an appeal specialist – urgently. The OISC publishes a list of Level 3 Immigration Advisers on their website.
hi. i want t ask u tht if my application for student visa is rejected nd no appeal of right is given then what can i do. shall i contact a lawyer. i applied for visa on 3rd dec 2008 and recieved reply frm them on 4th feb 2010.and when i applied the college was granted tier 4. bt in march was removed.nd couldnt apply in any other college as they asked me for visa.so how should i go abt it.please reply me as soon as possible
Hi,
I’am in the uk and My application for a tier 4 visa was refused claiming due to lack of funds as my parents bank statement was 34 days old and had 9000 pounds and my bank statement had 4000 pounds so they said since my parents statement was more than a month old they decided to make their decision using my statement which does not reach the required amount. I have been given the right to appeal but I don’t know how to go about it. The funds are still available and cover the whole required period and I live with my sister which means I don’t have to pay any rent or bills. Do you think that I have a chance and on what basis should I make my appeal under what reasons should I give. Thank you for taking the time to read and reply to my post.
You need to take urgent advice from an appeal specialist who will have to look at the refusal and all paperwork. Most will charge a consultation fee or try the voluntary sector.
Hi sir
i was refused 2 times 2005 & 2006 with fake documents by mistake use my consultance & i admit on interview call i accepted Yes I temper my School certificate & again apply 2006 they refuse with 320 at that time my all documents are genuine or also after refusal appeal but they ground my appeal to so what i do for student visa plz tell me soon