Student Visa Appeal Success
At the Asylum and Immigration Tribunal (AIT) today, Bison UK’s appeal team scored another victory for justice against unfair entry clearance refusals.
The case before an Immigration Judge concerned Lori, a young Filipina who applied for a student visa, at the British Embassy in Manila, to travel to London to study for an NVQ in Health and Social Care.
NVQ’s, or National Vocational Qualifications, are work-related, competence-based qualifications. They reflect the skills and knowledge needed to do a job effectively, and show that a candidate is competent in the area of work the NVQ represents.
Over a million people a year study for NVQ’s in subjects ranging from IT to Hairdressing. NVQ training takes place ‘on-the-job’, in a work place setting and Lori’s course was combined with a 2 year paid work placement.
Lori had previously visited the UK in 2006 to see her Sister, Lisa, an NHS Nurse. Whilst here she decided that she would like to pursue studies in Health and Social Care and approached Bison UK, OISC registered immigration law practitioners, for a free consultation.
During the meeting her adviser explained that she could study in Britain, but would first need to return home to her native Philippines and apply for a student visa. Visitors or tourists from the Philippines cannot switch to another visa category whilst in the UK.
Although she had worked in a different field Lori was looking for a career change, and felt the NVQ course would suit her needs and enhance her future career prospects.
After attending a free presentation Lori’s Sister agreed to sponsor her student visa application. Bison UK prepared the application and enrolled Lori on an NVQ course with a reputable college listed on the ‘Department for Children, Schools and Families’ (Dfes) register.
Lori returned home to the Philippines, within the time limit of her visit visa, and applied for a student visa, but on this occasion she was refused. Lori and her Sister decided to exercise their right to appeal against the decision, and instructed her adviser to appoint an appeal specialist to handle the case.
The appeal process involves more than just filling in a form and lodging an appeal – see “Danny’s Visa Appeal” at www.visaappeals.com. In order to have any chance of winning an appeal you must have valid ‘grounds’, as there’s no point in just saying “the decision was unfair” or “it’s against my human rights”.
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.
There is no charge for the appeal and you do not have to use legal representation. However, if you do not appoint anyone to represent you at the hearing your case will be decided “on papers” based on whatever information you and the Entry Clearance Manager sends to the AIT.
Prior to the hearing, the AIT requests an ‘appeal bundle’, including arguments, statements and evidence, all of which can take several months. The Entry Clearance Manager is given an opportunity to review the decision before the case goes to a full hearing.
In Lori’s case the Entry Clearance Officer (ECO) had made unsubstantiated claims in his refusal, but she was not interviewed or given an opportunity to defend herself.
The ECO also recommended local training centres for “NVQ” courses, as an alternative to studying in the UK.
In her defence, Mr Turner, acting counsel for the plaintiff, argued that many of these centres were actually offering courses “based on NVQ modules”, and the centres were not accredited by the appropriate awarding UK bodies.
The Judge interrupted:
“Even if they are offering the same courses in the Philippines, so what?
“If that was the case nobody in India would go abroad to study since every course is available there”.
In other words, the existence of identical local courses is not a valid reason to refuse a visa.
Standards of education and training are clearly not the same in every country, which is why hundreds of thousands of students are studying in the UK – to gain an internationally recognised qualification.
In fact UK NARIC, the official body which compares overseas qualifications to the UK equivalent, had assessed Lori’s Philippine Bachelor of Science degree as “considered comparable to Certificate of Higher Education (CertHE) standard”.
As a witness for Lori, I explained that the UK course has the further benefit of a work placement in a care home. The work placement is an integral part of NVQ training, which is why she wanted to train in the UK, where Care Standards and training are among the highest in the world.
Students contribute £4.7 billion to the UK economy – Home Office
Lori applied for a visa to gain a British qualification, in a British college with work experience in a British care home. Shouldn’t Embassy staff be recommending British training establishments? According to Home Office figures students bring £4.7 billion to the UK economy.
Lisa, who also appeared in court as a witness, confirmed that she and her Husband (both UK residents) had sufficient funds to maintain Lori during her two year stay.
Her application clearly met the immigration rules and should have been granted in the first place.
Following submissions and brief cross examination of witnesses by the Home Office representative, the Judge “allowed” the appeal and will be directing the British Embassy to issue the visa.
According to the British Council, the Prime Minister’s Initiative for International Education, commonly referred to as PMI2, is a “five year strategy to secure the UK’s position as a leader in international education and sustain the managed growth of UK international education”.
Students come to the UK to study and most need to work to help support themselves during their stay. The UK economy not only benefits from this much needed, flexible workforce, but also gains billions of pounds in taxes.
We should be opening our doors to students, not slamming them in their faces.
If you have been refused a visa or would like immigration advice and a free consultation please email me at: info@immigrationmatters.co.uk
For all the latest immigration news see
Reader Comments
dear respected all staff,
as your hounred self must be aware that i would like to inform you i am belongs to poor family i like very much UK but i have not any money it was my dream when i was a child. so kindly i request your good selves to register my passport copy and give me a visa of UK then i will pay in my salary in UK i will be very thankful to you for this act of kindness.
a waiting for your kind and fevorable reply.
yours faithfully
nadeem shah
Dubai UAE
contact: 050-8342566
Please note. We do not issue visas. You need to apply to the British Embassy for a UK Visa. See also the UK Border Agency website. Regards
hello all
am an indian resident from new delhi india i applied for a working holiday visa for uk from india on november 2008 and today 08-april-2009 i got my results i got rejected and the visa officer has stated in the letter given to me that
if u have a previous application and immigration history this may have been cosidered
when the thing is that i have already been to uk once on a 1year working visa so howcome he havent seen that in my passport and also
he mentioned whats the gurantee that you will come back
this is soo simple i hv alrdy beeb to uk and came back in time so why they asking all this ??
please can anyone help me out what sort of appeal should i make??
See http://www.visaappeals.com
Hi! My application was received by UK Embassy through a registered mail, but VFS refused to receive it. What should i do next? Thanks!
You should insist VFS Global and the British Embassy carry on with your application as this is legal service according to the immigration Rules.
elo! I applied for student visa last feb. 2009. ive heard dat many NVQ’s application were regected. Y s dat so? Am afraid i might be regected. y is it dat d embassy is taking so long for d result to come out.? Thank you and God bless
Dear Sir,
GOOD EVENING,
I WOULD LIKE TO KNOW HOW TO GET U.K STUDENT VISA
I want to know if your appeal was allow ,how long does it take the uk embassy to issue the visa because my was allow in 6th feb,2009 but up to now i havn’t get any call fom the embassy but i read uk boarder agency document and they noticed appeal determination take 6-weeks to reach post but they usually fail why do they throw dust in our eyes,because the appeal took long time to reach determination and the embassy usually delay appellant why the UK government should do something about it
You could try chasing the Embassy, but they have been inundated with student visa applications (VAF) prior to Tier 4.
It can take a while – keep chasing the Embassy and send them a copy of the visa appeal (AIT) determination.
Hi Charles, my appeal has been granted. I have the AIT determination letter with me. What to do next in order to get my student visa? Thanks!
Dear Sir,
I have been told that my appeal was successful and the determination was sent to me on 27 march 2009, but i still didnt get any post or something confirming that, will you suggest me what i should do regarding that.
Thanks
The AIT will inform the British Embassy and they will issue your visa. Contact the Embassy or your visa agent.
The AIT will inform the British Embassy and they will issue your visa. It can take some weeks. Contact the Embassy or your visa agent.
Thanks alot for the advice, i’ll do the same.
could you tell me how much time do AIT take to inform the British Embassy or Visa Clearance Officer???
Hi, I have a query. I am a student in UK, have been studying for the past 5 years and now my course is nearing to end. My family i.e. Mum,dad and sister have been in UK for the past 5 years and they are permanent residents.I believe i was not granted this Permanent residence when my Mum moved here because i was 21(above 18). Is there a chance to stay in th UK if i appeal for it on grounds of immediate family in UK?
hello
first of all i would like to introduce my self u all ppl my name is rashid and iam form karachi pakistan well here i read many posted well i tell u in appeal u wil be given a visa but ur appeal wil take some time around 6to 7 month then u wil recive letter form ait okay
Hello there, got same question as Shah Zeb does, wonder how long does it actually take AIT to inform Home office the decision on the case? And how long does it take Home office to send a letter requesting our passport to have it endorsed? I’m so concerned about the process as I’m flying back home in the end of May
Thanks if anyone can provide useful information!!
You will receive a letter from the AIT/ call from the Emabssy – it will take a few weeks to issue the visa. If not, you need to follow it up with them. For more info on appeals see http://www.visaappeals.com
http://www.immigrationmatters.co.uk
1
hello pls i was notified that my appeal will procedure to full hearing,was the decision not overturned by the ECM??
Notified by whom? Have you checked with or heard from the Embassy/AIT
Hello Kelly,
Thank you for your info. I got an email from UK Embassy Appeals Team asking for my Passport and other documents for visa issuance. My appeal was granted on April 6, 2009 and the Embassy notified me just yesterday. Indeed, it will take few weeks in order for Embasssy to receive the determination letter.
Thanks!
Congratulations on your visa appeal.
Hi Mark/Charles
My appeal was allowed on the same date as yours- April 6th, but never received the AIT determination letter nor heard from the home office. Did you have to contact AIT for this letter or even the home office?
What steps did you take after winning the appeal?
It can take 2 to 3 weeks for the AIT determination to arrive at UK addressess. The Embassies are also sent a copy.
Kiki,
You and the embassy will receive a copy of determination letter from AIT. It will take a few weeks.
i would like to ask about the appeal process after the descion made by AIT.
MY student visa extension was refused in nov 2008 i attend the hearing in jan 2009 my appeal was allowed on 21 of jan 2009 now its almost 4 months over my appeal is allowed home office did not contacted with me
what happens next.
See http://www.visaappeals.com
hi
can anyone help me please me and my dad applied for uk student dependent visa but they rejected our visas now our appeal is allowed from the date of promogulation it has been 4 week so how much time it will take means when do we got our call latter i m in INDIA
Niral Dave
24 May 2009, 06:08:19 am
hello sir
i have applied before tow month but now i didn’t get any letter from AIT
I send it to my applied to direct AIT (UK)
WAITING FOR UR KIND RESPONCE BY EMIAL
See http://www.visaappeals.com for appeals process
I am a student but my college has messed up everything by not registering me without my knowledge. My visa application was rejected by the home office as the college could not produce the details about my studentship within 10 working days.
Since then i have been running from pillar to post to sort my matter out. They kept on telling me that they have made an appeal and spending money for my case with a good solicitor. After almost an year of holding my passport along with all my documents the college wanted to get rid of me.
I could never imagine an education provider in UK could do this with anyone. I have been suffering mentally and physically these days and seek someone to help me.
My carrer, time and money has been destroyed and i am completly harrassed to do anything.
CAN ANYONE HELP ME OUT.
i appealled and won.was told to come for my visa together with my sponsors statement of account,my current passport and updated student admission letter.my sponsors statement of account isn’t that impressive.will i still be isssued the visa or will i be denied?
If you have won the appeal the visa should be normally be issued. See http://www.visaappeals.com for further information on the AIT appeals process.
http://www.immigrationmatters.co.uk
my appeal was allow on 6 feb,2009,and i have contacted the uk embassy in Ghana through e-mail with my determination attached but things has failed and my school in uk will start class on august4 2009 and i have not received any letter call from UK embassy in Ghana.
what should i do
hello
i am from nep and befor 9 month i register my student visa apeal on Ait .after that i didnt find any letter and any mail or call from Ait so i am very offset to waiting my result its take long time and my time is waisting day so pls kindly answer me that how time its take to come result? and how did i know about my appeal .i would be very thankful if i get my answer
my student visa was refused last november,so i decided to make an appeal here in uk embassy manila,but until now july 2009 no response from embassy.what was happen to my appeal?
Entry Clearance or Visa appeals should be lodged at the AIT (Asylum and Immigration Tribunal) in the UK – see http://www.visaappeals.com
If you have lodge the appeal correctly you should have been notified by now or heard from the AIT.
Your other option is to apply under Tier 4. See also:
Make sure your college is on the Tier 4 Sponsors Register before renewing your visa
sir i m abrar from pakistan ..i hav applied for student in london reading college,my hearing date was on 19 june but not yet i hav receive any answer.please guide me that when will i get ny decision letter…………my email adress is raja_abrar2008@hotmail.com
hello sir,
I am from Nepal and I was rejected for the student visa on 1-12-2008.I was not satisfied with the decision given by ECO of British High commission New Delhi.So I lodged appeal on 31-12-2008.I was informed that I have won the appeal on 25 June 2009 but until now I have got neither a call or any evidence of the appeal won.So if you could kindly give me any information where to see whether I have won the appeal or not and anything regarding my case I will be grateful towards you.
Thanking you
pawan raj sangraula
You should contact the Embassy, however, they can take a few weeks after an appeal decision to issue the visa.
Dear sir,
Thank you for your earlier suggestions in my query.I would like to ask you one more thing regarding the visa. I applied for a student visa and I was rejected on 1-12-2008.I was not satisfied with the decision given by ECO of British High commission New Delhi.So I lodged appeal on 31-12-2008.Now the college has informed me that I have won the appeal and they are telling me to pay £ 1000 for the appeal fees and £ 2750 for the college fees.The college told me earlier that the fee is £ 2200 per year which I have already paid.Now they are telling me that fee has increased and to pay more £ 3750.I am in confused whether to pay or not since I have not got any evidence of the appeal won. So please kindly suggest me what to do and what not in my case.
Thanking you
Yours faithfully
pawan
Thanking you
I’m asking on behalf of a friend – a United States citizen – who is looking to come to the UK. She has gotten a place at Edinburgh university, secured funding from sallie mae and we have set up a joint uk bank account which has the relevant maintenance fees. she applied for a visa but got refused despite the above and we are trying to understand what our next steps should be.
Can you help?
An adviser would need to see the full refusal, which we assume is under Tier 4? If so, there is no right of appeal, but you will be offered an Administrative Review.
If the visa appluication was made before 31 March under the old rule you can appeal – see http://www.visaappeals.com for more info on the process.
Appeal and Entry Clearance specialists and Level 3 Immigration Advisers, Bison UK, could help with a review, appeal or re-drafted student visa application (0208 905 1822).
You can find other Level 3 advisers on the OISC website or contact the voluntary organisations such as IAS.
my student visa was refused last september,so i decided to make an appeal here in uk embassy manila,i got a hearing date on 22feb09.until now july 2009 no response from embassy.what was happen to my appeal?
hi,
i have submitted my appeal in uk home office.the next month on august 2009 my hearing date.i want to take help of legal adviser how defend my case on my hehalf .so i have no ref yet.please advise my what can i do.
shahzad
If the hearing date of your appeal (to the AIT in the UK) was in Feb09, you should have the decision a long time ago. Did anyone represent you at the hearing? If not your case would have been heard ‘on papers’. The success rate fo ‘on paper’ no representation cases is low and most are refused.
See http://www.visaappeals.com
I have just received a letter from the British Embassy in Manila that my appeal paper has been forwarded to the appropriate authorities in the UK on 10 June 2009. This is for an appeal for a student visa application. The refusal was based on a previous refusal of my working visa application. I lodged the appeal without assistance from any legal counsel. I was time constrained because the agency who was supposed to assist me actually backed out at the last minute. Their advice was to go for re-application. I did not heed this advice since I know that I have the option to appeal. And so, with enough courage that I can muster, I presented my case with all the knowledge that I have including every bit of information deemed necessary. Now that the appeal was sent to the UK, what should I expect? I do not know anybody in the UK who can help me follow up my appeal. Do I need someone to represent me in the UK and follow up my appeal? How long would I need to wait for the decision of the AIT?
hi, i happened to lodge in an appeal after being refused a students visa to the uk last year,well i’ve been getting letters in the due course informing me about the progress of my appeal and i happened to chooes to have my appeal hard on papers,what is the possibility of my appeal being a success?
An appeal ‘on papers’ has far less chance of success. If possible try to get legal representation in the UK.
See http://www.visaappeals.com for more information on the AIT appeals process.
It depends on whether you asked for an Oral Hearing or for your case to be heard ‘On papers’. An appeal ‘on papers’ has far less chance of success. If possible try to get legal representation in the UK for an oral hearing, which you can still have even if you chose oral on the forms..
See http://www.visaappeals.com for more information on the AIT appeals process.
Even if it has less chances of success at least Appellant shall be informed about the same. My appeal was submitted in the month of September 2008 there is only one letter regarding my appeal from the AIT dated 22 April 09.
This much late in appeal result can cost me another year. This is something not acceptable and making me loosing confidence in the working style of UK embassy.
Dear Sir, I need your urgent advice on my student visa Extension. My appeal was allowed on 5th May 2009. Since that date, I have not been contacted by the Home Office regarding my visa extension, and they have not appealed against the decision. What shall I do? This situation is worrying and frustrating because I need my visa to continue my study. Please, kindly advice me.
dear charles
i have an one question . did any resposablity in our student visa apeal? or did they charge any cost for that ? pls kindly answer me. waiting ur response
thankx
dear charles
i have an one question . did any collage resposablity in our student visa apeal? or did they charge any cost for that if visa was succes ? pls kindly answer me. waiting ur response
thankx
It depends on the college and the terms of their acceptance in the event of a visa refusal.
Hi Charles,
I’m in UK as a student visa. I just want to know is it possible for a student visa like me to get working permit? Or is there any ways to get working permit or equavalent? what if your employeer is willing to absorb you in your work and apply you for working permit, is that possible? what are the requirements and procedure to apply?
Thank you very much.. I’m waiting for your reply..
Regards and godbless..
I lodged my appeal last May 12,2009.Last July 2,2009,the ManilaVisaEnquiries replied my mail stating that”your appeal is under review”.Now,I need your legal support to follow up my appeal and help me to win the case.How long would I need to wait for the decision of the AIT and much would be your legal fees regarding this matter?.
Please email full details including the refusal and your appeal to:
info@immigrationmatters.co.uk
It is possible to switch from Tier 4 to Tier 2.
See: Tier 2 Certificate of Sponsorship from an employer does not guarantee you a working visa
Tier 2 Process for in country applicants
In order to apply for a working visa under Tier 2, which replaced the Work Permit scheme, applicants obtain a ’sponsorship certificate’ from a licensed sponsor or sponsoring employer.
If you are a Work Permit holder and your employer is not licensed, you will not be able to renew your working visa, although you may be able to apply for indefinite leave or residency.
Thousands of migrant workers, including Nurses and Senior Carers, have been caught out by successive immigration rule changes over the last couple of years and still need to extend their visas (linked to their Work Permits) for another year or two before they can apply for Indefinite Leave to Remain (ILR).
In some cases the worker is just months sort of the five year (changed from four) qualifying period for permanent residency status in the UK.
Senior Carers and other workers such as Chefs have had to also cope with additional changes such as Government imposed pay rates, which has discouraged some employers from renewing their visas….continued at:
http://www.immigrationmatters.co.uk/tier-2-certificate-of-sponsorship-from-an-employer-does-not-guarantee-you-a-working-visa.html
Dear Charles and everyone,
As fas as I know from all of your kind comments above, if the appeal has been allowed, the embassy will contact you to get your visa within 3-4 weeks after you have received the determination from the AIT. If this is the case, after the successful appeal, you don’t have to re-apply for your visa or contact the home office again, just wait for the embassy to contact you. Do I understand it correctly so far? My friend has just received a determination letter yesterday saying that her appeal was allowed and we are very confused what to do next. Thanks for your kind advice in advance.
Best regards,
June
Yes, as per: Student Visa Appeal Success http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=95 and other articles on the subject.
See also http://www.visaappeals.com
Dear Charles an everyone
My student visa was refused and i appealed against this decision since december 2008, but till date i haven’t recieved any response and i have also sent mails to the tribunial which has not been responed till date, pls what do i do.
dear charles,
my appeal for student visa was allowed on 8th may i rcvd the letter to submit my passport. i submitted my passport on 11th june now its almost 7 weeks i want to how long it can take for visa to be stamped on my passport?
You should chase the British Embassy as this seems like a long time to issue the student visa.
dear charls
i am from nepal .i my apeal is against refuse and i see they send me one fourm .what should i do. they refuse me cuz of my education percentage .i am going to study tourism my and i am working since 7 yrs .so i chose this topice .but they said that i have no more percentage to study my pcl percent was 39%.pls suggest me what should i do.waiting for ur answere
dear immigration, i was refused on jan 08 2009 which i have allready make an appeal on feb 2009. since then i have not receive any decision from AIT, and my school will resume on the 14 of sept 2009. please what will i do?
Dear charles Kelly
My sister Adela in the Philippines has been refused a student visa at the British embassy in the Manila on the ground that she enrolled a course lower than what she has achieved in the Philippines. She was aware of that but because the UK standard of education and the fact that english is her second language, she did not want to struggle with the course. The second reason of refusal was the financial documents she provided has despcrepanies and that was due to how she presented and stated it, the refusal letter admitted that she has sufficient funds but we do not understand about their comments there. We made an appeal but was again refused. the refusal says we can again make an appeal, we do not know what was wrong there, it has taken a long time for the appeal to come through and she has given up trying to appeal again. We paid the NorthWest college in London £1,000 tuition fees in advance and we wrote them few times to get a refund but the college never replied. We feel we lost our money. Please help us, make an appeal again or even get our money back from the college. Many thanks and look forward to your reply. Fabiola Wells, Barrow-in-Furness,Cumbria
Without seeing the documents and refusal it is difficult to comment on the appeal. You need proper advice.
If you lost the appeal at the AIT you could ask for a reconsideration, but should take legal advice on this. The OISC website will have a list of immigration advisers in your area.
You could also reapply under tier if your documents are now in order. Again, take advice on this.
Make sure the college is on the Tier 4 sponsors register. See also: http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=1644
The college should offer at least a partial refund. Write to them. You could take legal action or complain to their regulator or accreditation body.
http://www.immigrationmatters.co.uk
dear sir, i make a comment under 69 paragraph. please can i hear from you now?
my appeal was allowed and i submitted my passport and requested documents accordingly but i was refused again on same balance of probabilities on my sponsor’s bank account but i was given a chance to appeal again please what is my chance of winning this appeal again ……..or is this all a waist of time?
If your appeal was allowed the embassy should have issued the visa. Have you talked to an immigration adviser or lawyer about your case? If a judge from the AIT has allowed the appeal a visa would normally be issued.
Dear Charles,
It’s me again. My friend’s still waiting for contact from the embassy (after her successful appeal), but until now she still hasn’t heard anything. Therefore, we think we would like to call and ask them about the progress. However, I’m quite confused about which department we should contact. Everyone here talked about the “embassy”, so is it actually the British Embassy that we need to get in touch with?
I appreciate your clarification in advance.
Best regards,
June
By the way, we are in UK already, so it’s an in-country application. I think we should contact the Home Office. Is that correct?
Best regards,
June
need some clarifications, my visa was refused by the ECO. How many months does an appeal will be approved? and what is the assurance that a visa will be granted. The appealed was submitted by my lawyer 4 months ago. Up to now i still dont know whats the status of it. can you please give some ideas on it.
Hello.My appeal for was successful and allowed by AIT and Embassy called me to bring passport I did and I was told they will call me ,if not I should refer them after a week .I want to know what do they want to do during these days and what is the reason? 2-why did not they issue visa that day or the next day…? 3- will they by any reason reject it and do not issue visa?They said the application and your file is processing again and taking some steps.
please can i know the status of my appeal. my name is ogunfayo olufemi samuel
You need to contact the AIT
Call them and ask about it
dear charles,my appeal was allowed at 8 july 2009 and till now i ve not got any response from the embassy…plz can u tell me that what to do next?and what documents i have to submitt to the embassy?
It can take a number of weeks before the embassy issues the visa following a successful appeal. You can chase them and send your copy of the determination.
See http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=95
dear charles,my appeal was allowed on 16 aug.im a newbie and dont know about these process.i will be very thankful if u kindly guide me that what to do next.i also got a letter that i won my visa appeal.thanx
Can you please give ame a guide as per the relevant laws and citations that would assist inwinning my appeal for reconsideration for a grant of student entry clearance to study in the UK?I am a Nigeria and all the Judge demands is for me to prove an error in law,thanks.
dear charles,i won my appeal and received a determination letter of AIT.my classes in UK are starting on 22nd december.and till now ive not got any call from embassy.im very frustrated.kindly guide me.thanx in advance.Regards
It can take a month or so for the embassy to issue the visa.
work permit visa refused ask for appeal
by Guest on Aug 29, 2009 02:11 AM | Hide replies
I had applied for work permit; it was refused on the ground that, I got visa to persue PhD in a college but did not attend the classes. Acul story is that the said college was not recognized/affiliated to any University. I later on realized this is not a Teaching college but Cheating College. Asked several time to College to clear my doubts but nobody ready for reply properly.
As the accent problem I was instructed to join English college and then Teachers training course, and Advance course in IT.
My employer sponsored me for work permit. The application submitted in July 2008 visa was to expired on 31/12/2009 I made several letter to UKBA that my Visa will expire on 31/12/2008. So on 30/12/2008 UKBA Work permit department phoned me and said submit FLRIED form as work permit letter issued. As per the telephonic instruction I submitted FLR IED on 30/12/2008. Work permit letter issued on 02 jan 2009. Paper and passport degree remains with UKBA. They have deducted my Visa fees twice. A letter was issued saying that I overstayed so they issue me deportation notice. Accordingly I left UK.
A new work permit letter issued. Un knowingly in work permit form, I said in a column that I was not deported. As it was voluntary leaving UK as per their order.
They refused visa on the above ground. Saying that wrong statement provided. What should I do now ? How I can make appeal. Please guide me.
Hi, im on a student visa in UK and im currently studying ABE certificate in Business Management but i want to study NVQ health & social care and i also want to change visa category from student visa into Tier 2 general worker, is it possibe? do i need to study NVQ health & social care before applying Tier 2 or can i change my college and course in order to take admission in Majestic College to study NVQ health & social care, is it possible,im waiting for u r reply.
You should contact Majestic College direct. See UK Border website for Tier 2 requirements. See also: Tier 2 Certificate of Sponsorship from an employer does not guarantee you a working visa
Hi! im maria i lodge my application as student jan 26,2009 and i refused august 26 2009 the reason why im refused it becaise of my school im reaaly dissapointed because 7 months to wait is not easy to us the pressure, stress according to my friend bison will help me pls give me an advice what to do tnx
You have the right of appeal but should take advice.
See also http://www.visaappeals.com
Dear sir, my appeal has been granted,i have the determination letter with me since 22th july2009.what to do next in order to get my visit visa. thanks.
sir if i applying uder tier4 student extension application in UK so (1) can you tell me we have right of appeal or not? i think there is no any right of appeal for overseas, so could you try to sort out this things.
(2) can you tell me any cases of deception of college ducuments, that means what is the chances of success rate of deception cases?
(3) where should i have to find these kind of cases for reading? so i can measure to appoint some one.
There is no right of appeal – only an administrative review. See: Right of appeal against a Student Visa refusal to be abolished
May i know if student visa appeal is wise considering that my refusal was based on not meeting provision of section (i) (ii) and (vii) of paragraph 57 of Immigration Rules.. ( the school i have enrolled was not longer DIUS register by the time i lodge my application in British Embassy. How i can claim refund for my tuition which i paid full for one year, Please i badly need you advice.
hello
My name is Noman , my student visa was refused on 2nd feb 2009 . I went for appeal and it is allowed, can ou please tell me that still thr is chances of refusal of visa or the judge decision is a final decision. Because I have to make the arrangements if it is 100 % , and can i get admission in any other college previously i was having admission in napier university , but the degree program is same, ps help me out
good day sir,this is kristell from the philippines.I appealled for a refused entry clearance to UK last may and I missed to answer a call from the british embassy-manila 028582200 last aug 20,2009.I tried to call back but the operator told me to make an email regarding this matter.i already emailed and sent a fax to them but until now,no response yet.Is it ok if il send them my passport and acceptance letter alreadyeven if they had not called me yet again?.is there a possibility that i already won my appeal why they called me. Hoping for your kind reply.thanks a lot .Thank you very much and Godbless
Only the British Emabssy can answer your question.
hello kelly, i have summited my document on 26/03/2009 for appeal . i have received only one letter that your document has summited with ATI. After that i have not received any letter from ATI . so please tell me how could i know about the visa is there any contact number or website to know. so please send me the requred information on my e-mail id .
but i cannot contact the appeals section
how long does a student visa extension take after going for biometrics?mine is taking 5months now and my college refuse to enroll me.
hi ..
i was been refused by embassy to get uk student visa from philippines..
but i had submitted an appeal.now i won it successfully.they asked me to send passport and new acceptance letter soon.i sent that already..may i know how long it will take to get my passport back..
i have recieved a determination from the ait that my appeal has been dismisised and i want to apply for a application of reconsideration. How long will it take to process the reconsideration and do i still have a chance , if i am unsuccessful in the reconsideration process. Do reply…
Dear charles, my appeal was allowed on 10 August and i received AIT determination on 15 AUG.but uptil now i didnt received any call/letter from embassy.its more than 7 weeks that i ve been waiting.Im from Pakistan.Plz guide me.Regards
can tier 4 student can appeal incase of visa not granted?
No appeal for entry clearance refusals under tier 4 applications. There is access to an Administrative Review, not a full visa appeal.
oh sorry that was 28 years old
hello charles,
i’m from d philippines maried with 2 kids, 28 yrs old.
i applied UK student visa, well i was rejected because the ECO misunderstand the “work placements arranged at any of the following” mthere were 2 workplacements in my letter of acceptance from the school where i am going to select as part of my study, the ECO said on his letter that why are there 2…doesn’t he understands it? he also said that i might not intent to come back home again…huh!!! i have my family here and my intention in going there is to further my knowledge and gained an internationally recognized qualification to enhance my future career prospect…nah i hired by d a consultant to process everything, he called the school and told about the ECO’s concerns…the school administrative was upset to d decision…the school instructed my consultant to make an administrative review…i’m worried that i will not able to get my visa…wat is my chances on this case sir…please let me feel lighten…
hello charles,
my husband applied for a spouse visa in turkey on the 30/12/2008 which was refused….we appealed against it and after 9 months wait, we had our hearing appeal on the 09/09/2009 which was allowed….its been 3 weeks and we are still waiting for a call letter from the ECO in turkey….my question is, the ECO in different countries are very busy and it can take up to 4-6 months to get the visa..is it busy in turkey as well ? how long will we after wait???
Dear Sir,
My appeal for student visa was allowed on 8th may i rcvd only Call from Brithish Embasy Islamabad (Not any letter) to submit my passport. I could not submit anything because of re take in admision in uk. My question is what shall i submit with pasport because i have not recieved letter from embassy i recieved only call.
My other query is Previously i got admision in Management studies but now i am going to take admision in Business studies. Will it affect on my visa?
Thanks if u could reply as soon as possible.
Deep
Hi sir Charles,I just would like to enquire and ask an advice as well about my visa.I already finished my Nvq level 3 (health and social care) and am on student visa and my visa was granted/approved last year 2008 before the new tier 4 point based system implemented. How can I switch to tier 2 and apply for work permit? Is it possible to do that and apply for that? Please help.Im really looking forward for your reply and hear from you soon.
See the UK Border Agency website – Working in the UK section – for more details.
You will need to find an employer willing to sponsor you under Tier 2.
hello charles,
my husband applied for a spouse visa in turkey on the 30/12/2008 which was refused….we appealed against it and after 9 months wait, we had our hearing appeal on the 09/09/2009 which was allowed….its been 3 weeks and we are still waiting for a call letter from the ECO in turkey….my question is, the ECO in different countries are very busy and it can take up to 4-6 months to get the visa..is it busy in turkey as well ? how long will we after wait???
Dear Charles,i got call from uk embassy to submit my documents after and allowed appeal.My course was ACCA(3 years).but now i came to know that ukba has suspended my college license.I was enrolled in London reading college.i want to know that what should i do?
And if i submit my acceptance letter of another college with same course(ACCA 3 years),which is in the list of ukba sponsor register,will i get my visa stamped? or they refuse me.pls help.thanx and regards.
dear sir charles,
i am an applicant fr cdo, i wud lyk to ask an advise b4 il proceed to my nxt move. i aplied last feb as nvq student, was lodge last june25 & received my visa refusal last oct8, so frustrating n my part bcoz d reason was my itr/bir# (ncome tax return) was being tampered by d b.i.r worker here n our place, i already filed a case 2 d person concern, but wat shld i do to prove to the british mbasy that it was not my doing but to the person who was nterested n my money for d payment to the b.i.r? he even change my i.t.r# sir, wen nfact, i hav already an existing # w/c i was paying since 2004 fr my bizniz.
pls advise me sir f i am still capable 4 an appeal, f i still have d chance to win d appeal,they sent me an appeal form,but im afraid i might be wasting tym….pls reply my letter sir..tnk u very much,
Hi Charles,
I had applied for a Post study work permit and it has been rejected on the ground that the funds are insufficient. My savings bank (SB) account and fixed deposit are linked together and hence as there are no separate docuemts for the two, I submitted up-to-date statement for the SB, indicating that the FD has not been encashed. In India, a Fixed deposit a/c can be encashed anytime you want and it will move to the SB. I have been granted an Administrative Review. Will they accept my contention? Plus, has there been an incident where they have adduced further evidence (I can encash the FD) to prove my point?
Would really appreciate a reply in this behalf
Thanks!
Shruti
Hi Charles!
I applied for my student visa under the old rules in January 2009. The ECO refused the visa and I lodged an appeal against the decision in March 2009. The course I was enrolled on starts every 6 months so I made a fresh application under the PBS Tier 4 rules in June 2009 and was granted a visa while my appeal against the previous decision was still under consideration. Now I am in the UK doing my course and have been told by my lawyer that the appeal has been granted in the first application. I just wanted to know that from an immigration history point of view if I am asked if I have ever been refused a visa for the UK what would be the answer? I have been granted the appeal but will not be using it.
Regards
Khalid Ashraf
UK
Hello
I have been refused to extend my student visa, the reason was that i had only 1655 gbp and paid only half tuition fees for my college. I have already lodged an appeal, and the hearing will be in the end of next month. I found a lawyer to represent me, and i have been asked to request a bank statement ans certificate of birth from my mother, she is my sponsor. My mother’s bank gave her a bank reference letter stating about her account balance. My question: is it necessary to provide a bank statement from my sponsor? will it be enough if I provide a bank reference letter from my sponsor?
Thanks in advance
Assel
i want to check the status of my appeal which i did on 25th march 2008. my appaeal no. is ………. passport no. is G8…… D.O.B. Is …… plz give me suggestion when i will got my decision as i m very tense
Sirs
I have just received my determination papers from the AIT court where the hearing was heard, and the appeal was successful regarding a dependant settlement visa. The application was originally lodged in Manila philippines.
The question is i have my determination(we were not represented i did everything myself)how long would i expect to wait before a call letter or telephone call is made to the applicant in the Philippines to ask her to call and produce her passport for visa stamping, and would this be done the same day?? or would she have to return to collect the passport at a later day. I have noticed on the web site in Manila that we should give it no less than 6 weeks would it not be quicker than this? based on your experiance and knowledge do you know how fast the turn around is? or would they delibaratly delay the issue of the visa knowing its so close to Christamas? are they allowed to delay the issue say out of spite?
FYI the appeal was granted by verbal hearing.
Contact the AIT. Do not post your personal info on public forums.
sir charles,
u havent answered my question, i have ben patiently waiting for ur answer… pls do…. i already wrote u a letter b4… f they said i have 28 days to appeal… does it mean 28 working days, or 28 calendar days??? pls reply thanks…
Read the notice, what does it say?
Thank you for giving time to read my case. I’m a student in UK, my visa was going to be expired by 31st October 2009. On the 29th October2009 I submitted my application form and sent it to Home Office using first class recorded delivery. When I tracked my application on royal mail, it said my mail was delivered on 4th November 2009. In this case I’m really worried if the home office considered that I sent my visa application when it has already expired. However, I still have evidence (postage proof) that showed when my application posted to the home office on 29t October2009 (before my visa’s got expired). Can someone advise me about this please.
Many thanks.
Recorded delivery does not guarantee next day delivery (but it does give you proof of posting). Special Delivery guarantees next day delivery. Why did you leave your application until the last minute, when you had months to plan it?
My student visa extension application was made in November 2008 and the visa was granted in October 2009. However, I am a bit confused if my visa was granted under the ‘old’ immigration system that existed before 31 March 2009 as I was not given ID card. As a result, I really don’t know if my dependant entry clearance application outside UK should be made under Tier 4 general student “Points Based System” or under the old rule. Please, kindly advice me on which application forms my dependant has to complete VAF10 or VA3b.
hi every one
im from uk i had applied for my wife settlement visa but she was refused then i go for a appeal and i won and i recieved letter to submit her passport so i submit and know im waiting when the passport will come back can any body help me that can they ask me for any further documents regarding to my statemants,tax,etc as the passport is submitted for the endorcement of the visa.. please help me
I’m the above poster and
I found the information I needed here:
http://www.ait.gov.uk/Documents/FormsGuidance/StandardAppealForms/AsylumAppeals.pdf
What I’m seeing is 2 weeks to get a case management hearing and 4 weeks for the full hearing.
Will someone please confirm if I’m reading this correctly, and also if they could tell me whether I or my representative needs to be present at the case management hearing. Or is this hearing within the AIT?
Hi Charles,
I am Tibetan student. I have been recently denied student Visa, on the grounds for non attendance and unsatisfactory progress. I completely agree with these facts. However, my reason for non attendance and unsatisfactory progress was due to poor teaching, lack of staff, and teaching quality. Due to which my result was poor and I felt I am just wasting my time. Thats why I had no option but to contact the accounting body(Institute of Financial Accountants) and ask them for the list of all the college(I have email prove of that) that teaches the same course. I called each and every one of them and non of them apart from my college does it on full time basis. I came here to study and serve my dying country. But seeing that they is no hope in continuing the study i decided to look for another course. SOmething i have always been wanting to study, FILM MAKING. But by that time it was too late since no college or uni start any course in april. I looked for college whole summer and found Central Film School one of 3 best film school in London. There, with the staffs guidance they decided to put me on certificate course before doing Industry Filmmaking Diploma(starting march 2010). I have done Certificate course with flying results that they offered me bursaries of 12500 to study the diploma. They even offered me internship until march before i stat my diploma, so that i can gain experience and knowledge. That is my whole story. I have spoken with my solicters and they doesnt seems to know much. So i came to you. I have very limited time. I need to know chances of me getting the visa and if i feel you can help me. I am willing to seek help with hearing aswell.
So, please treat this as urgent and get back to me.
Dear Charles,
I have been recently denied student Visa, on the grounds for non attendance and unsatisfactory progress. I agree with these facts. However, my reason for non attendance and unsatisfactory progress was due to poor teaching, lack of staff, and teaching quality. Due to which my result was poor and I felt I am just wasting my time. Thats why I had no option but to contact the accounting body and ask them for the list of all the college(I have email prove of that) that teaches the same course. I called each and every one of them and non of them apart from my college does it on full time basis. I came here to study and serve my dying country. But seeing that they is no hope in continuing the study i decided to look for another course. SOmething i have always been wanting to study, FILM MAKING. But by that time it was too late since no college or uni start any course in april. I looked for college whole summer and found Central Film School one of 3 best film school in London. There, with the staffs guidance they decided to put me on certificate course before doing Industry Filmmaking Diploma(starting march 2010). I have done Certificate course with flying results that they offered me bursaries of 12500 to study the diploma. They even offered me internship until march before i stat my diploma, so that i can gain experience and knowledge. That is my whole story. I have spoken with my solicters and they doesnt seems to know much. So i came to you. I have very limited time. I need to know chances of me getting the visa and any assistant possible for me to appeal.
So, please treat this as urgent and help me.
Hello sir i ma sunil jiwan mall from pakistan.My england student visa apeal getting aproved on 9 nov 2009. I am stiell waiting embassy conformation letter.when will i have received SL4 letter.Kindly reply me on my email id.
waiting your reply.
sunil jiwan mall
i got the dertemination from the ait when do i get a responce from the home office
It can take a few weeks depending or whether or not they ask for a redetermination.
Dear Charles
I have denied stduen visa by the ECO on the ground of false representation under 327(b) immigration rules.
I applied visa in 2005 which was refused. I did not appeal against that decison. Now, i applied again in 2009 which has been refused on the basis that i have not disclosed the facts/contents about my previuos application in the fresh application.
you know the changes to 327 (b) came into effects in ist april, 2008.
Does this apply to my previuos application made in 2005. When the cahnges did not exist.
I really wonder why ECO banned me for 10 years on the basis of non-disclosure about previuos application in my fresh appliaction
Please guide me in the light of any decsion made by the AIT ON THIS POINT OF LAW.
regards
Akbar Ali
Sialkot pakistan
Dear Mr. Charles,
This week, my student visa was rejected by the ECO in the Philippines on the grounds that my visa letter that the school sent to me does not state specifically which documents were seen. The school used “Training & Seminars” as basis for their assessment but did not specifically mention exactly which documents were seen by the school. The ECO therefore cannot assess whether I have sent in the documents assessed by my school with my application.
I fully understand that this is the case where I might have to go back to my school and request for a re-issuance of a visa letter specifically outlining which/what documents were used during the assessment.
QUESTION:
When I receive the revised Visa Letter, should I proceed to “Administrative Review” or should I submit a fresh application? I am thinking of a new application but not sure what new issue it may represent since I already have a record of refusal on my first application.
In your opinion, is a new application showing required proof/evidence of assessment improve my chance of approval the 2nd time around?
Thank you kindly for your feedback on the matter,
Kind Regards,
Melvin
In general a refused visa applicant would appeal or request administrative review if they feel the ECO has got it wrong – made an error in law or fact. You have answered your own question. Check the rules on what is reuired on a visa letter.
Sir, my appeal has been allowed, and right after the confirming letter from AIT, i recieved an email from UKBAIG Abu Dhabi Office(as i am a pakistani student). In that email i am asked to submit my passport, college acceptance letter and TB test certificate. what does this indicate? Is it almost done?
Regards!!
Thank you Mr. Kelly. I plan on submitting a new application this week. I will be in communication with my school requesting for a revised letter. The issue on the initial refusal was:
“Your visa letter from ____ college states that your offer was given on the basis of “training & seminars”. It does not state specifically which documents were seen. I therefore cannot assess whether you have sent in the documents assessed by your education provider with your application as required by paragraph 86 of the guidance. Because the visa letter submitted does not clearly detail the documentary evidence seen by your education provider in order to gain acceptance on the course, you have not met the required 30 points….”
This seems pretty straightforward and can be rectified by a issuance of a visa letter with the required information from the school.
Thanks Mr. Kelly and have a great weekend.
Dear Sir,
i am appeal allowing student. i have resubmit my passport alongwith other required documents to UK Visa Centre. after i submit my passport, i come to know that my college has been taken under investigation and it is no longer in registered sponsors list. i am quite confuse here. is there any policy exists that embassy may allow visa as appeal allowing student on the same documents? should i be informed? if so for how long do i have to wait? or should i have to submit new college letter?
any information regarding to this will be appreciable!
THank you so much!
mateen!
hello Mr.kelly,just want to ask an advice i had been refused by the ECO here in the phils. and I did an administrative review for my application and they said they will try to give the results of my admistrative review within 28 days but until now I did’nt recieve anything from them even a call or mail and its been almost 3 months since i send it to them,what should I do.please give me an advice sir cause your an expert about this matter,i’ve been thinking of calling or to fax the embassy but I dont know what to say and im a little bit afraid also for it might affect my appeal to them for maybe they would think im rushing them.please reply my queries,thanks and gobless you,hope to hear your response soon…
Have you received an acknowledgement of your review?
Sir,
My appeal has been allowed in November 2009, but i have’nt received a call letter from British High Commission. Could you tell me that how much time they will take in sending me call letter.
Thanks
Zain UL Abideen
Dear Sir,Madam
I resubmit my passport after allowed U.K student appeal on 16 Nov’09.It is more than 6 weak has been passed but still no response from embassy. please tell me how much time embassy takes in call letter case. Thanks
hello sir
i have submitted my passport in november 2009 for study in uk it was an appeal win case thay told me that i will gat my passort back within the 28 days of submission now its more then 2 month i didnt get any answere from there side the only ansere i get is my passport is in process i m worried coz my classes date is 25 januray 2010 and i have submitted my all the fees as well as accomudation and i have to be in may college before 20 january can u plz tel me that how will it take for the return of my passport? or any way to fast track it coz i send many mail to appeals.islamabad@fco.gov.uk and they didnt replay eather help me im from pakistan
Hello Mr. Kelly..
would you please tell me that why british high commission is takeing time in issuing visas to Pakistani appeal winning students.
Thanks
Zain Ul Abideen
Hi,
Mine is the appeal win case. I have submitted my call letter, college letter & passport at our Mumbai Office on 29th December 2009. Till date i have not received my passport, my last date of joining the college is 25th Jan. 2010. I have already booked my ticket, but till date i have not received my passport.
I would like to know how much day it will take to get my passport.
I have a appeal win case of student visa i submitted my visa application on 7 of jan 2010 i want to ask in how mnay days will i get my passport back and my second question will i get the visa
Hi, I have been refused a student visa and being order to make a voluntary departure to my country without making an appeal.
Please i want your advice on this issue? I have study hear in the uk and was excluded and i renewed my visa with another institution and was refused visa, and took appeal which was not in my favour and took another course and made an application here in the UK to renew my visa and was refused again and was told by the UKBA that i can not make an appeal that i should go to my country. Please advice me what to do?
Ray
You need to take proper advice from a registered LEVEL 3 immigration adviser – one that specialises in appeals.
You can also try the IAS.
HI CHARLES:
I AM ETHIOPIAN STUDENT STAYING IN INDIA AND I WOULD LIKE TO STUDY IN UK SO SIR MY QUESTION WHILE I AM IN INDIA CAN I APPLY FOR THE STUDENT VISA I WILL WAIT U SOON THE ANSWER
hi charles kelly,
I am here on student visa, and it will expire on june 2010. my boyfriend which is British asked me to marry him since December last year, so with this case I don’t need to extend my student visa instead apply as his spouse? what should we do next after the certificate of approval of marriage has been granted? would all the processings til I will be granted new visa take til june of this year? I do not want to overstay so am just making sure am doing the right thing. I appreciate your opinion, thank you
You should see an immigration adviser before you do anything
charlie i have my appeal under old policy but due to tier4 my college was no more on the list so i take admission in onther college. i ve got an email form homeoffice ukbaig abhu dhabi to submit my passport, uptodate acceptance letter of college so i have submitted would i get my visa or not i need ur expertise advise coz ur have the experience of past pzl email me by giving ur advise.plzzzzplzzzzzzz
dear charlie i was refused on april 2009 but ive make apeal and won in dec,2009 have my appeal under old policy but due to tier4 my college was no more on the list so i take admission in onther college. i ve got an email form homeoffice ukbaig abhu dhabi to submit my passport, uptodate acceptance letter of college so i have submitted would i get my visa or not
hello. i did apply for post study work visa in sep 2008
and i been refused by home office with right of appeal,
i did submit the appeal and it had been allowed about 4 months ago but i have not been contected by home office yet and i am surprised how long it will take to get my visa on my passport?
heey
i won my appeal and i got my determination letter can any one telll me that how long a call letter will take i got my determinatuion letter on 18dec
my clases wiill start on 9 march
plz tell me what to do now??
mail on my id “ss_capricorn@hotmail.com”
i shall be very thankful to you
hello..
i applied for student visa in dec 2007 but refused so i lodged an appeal and won it and received the letter on 15th january 2007..now the question is can i apply now after one year under that appeal?if yes then can i change my college or course?and is there any validity of appeal letter?kindly tell me i shall be very thank ful to you…
hello..
i applied for student visa in dec 2007 but refused so i lodged an appeal and won it and received the letter on 15th january 2009..now the question is can i apply now after one year under that appeal?if yes then can i change my college or course?and is there any validity of appeal letter?kindly tell me i shall be very thank ful to you…
Hi
I am glad I found your site. I am on a student visa and my husband just got his dependent visa. The ECO in the Philippines overturned his decision and the hearing was cancelled. Thank God. What worries me now is that my school’s license is on hold. Can he travel and enter UK even my school is not on sponsors list? I just want to make sure he wont have any problem with the immigration. Hope to hear from you soon. Thank you.
See: What students should do when their college Tier 4 Licence is suspended
You may have to change education provider.
My appeal was successful on 12/jan 2010, I received determination letter on 18/01/2010. I been chasing Mumbai Embassy to track my application, and the response I get is they are still awaiting for the determinatin letter form Presenting officer unit (POU).
I have been told, POU has the right to exercise appeal against AIT, could you let please tell how may day they have to appeal against decision.
Now it’s more than 8x weeks and its very clear they can’t challenge AIT decesion as the time period has lapsed.
Do you have any idea how long does it take the whole process to complete.
Thanks,