Filipino Majestic College NVQ student makes it to the UK after his entry clearance refusal in Manila was overturned by an Immigration Judge at the AIT (Asylum and Immigration Tribunal) following an appeal.

Immigration Advisers, Bison UK, lodged the appeal after he was unfairly refused entry clearance last year.

At the hearing in Hatton Cross in April, the Judge agreed with Bison’s appeal specialist Mr Jerry Turner and allowed the appeal.

He now has a 3 year student visa to study NVQ in Health and Social Care, combined with paid work placement.

Visa appeals have been abolished for student visa refusals applying under Tier 4 in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

Refusals under paragraph 57 of the previous immigration rules will still be allowed a full appeal. Therefore, if your student visa application (VAF) was submitted before 31 March 2009, you should still have the right of appeal.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

For more information on NVQ Health and Social Care courses see www.majesticcollege.org

Another Majestic College NVQ student makes it to the UK after her entry clearance refusal in Manila was reversed following an appeal by Immigration Advisers, Bison UK.

She now has a 3 year student visa to study NVQ in Health and Social Care, combined with paid work placement.

www.majesticcollege.org

Visa appeals have been abolished for student visa refusals applying under Tier 4 in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

Refusals under paragraph 57 of the previous immigration rules will still be allowed a full appeal. Therefore, if your student visa application (VAF) was submitted before 31 March 2009, you should still have the right of appeal.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

NVQ Student from the Philippines arrived today at Majestic College after landing in London yesterday afternoon at 3pm.

She received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a successful appeal at the AIT against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College, after visiting the UK as a tourist in 2006 and 2007.

Bison UK refuted the claim in the grounds of the appeal, which was heard before an Immigration Judge at the AIT in Hatton Cross last month. 

See also www.visaappeals.com  

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the day after arriving in London and she has already lined up a paid work placement!

www.majesticcollege.org

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

NVQ Student from the Philippines arrives at Majestic College after appeal victory.

Filipina nurse, Jenny, received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a successful appeal at the AIT against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College.

Bison UK refuted the claim in the grounds of the appeal, which was due to be heard before an Immigration Judge at the AIT in Hatton Cross last month. 

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

www.visaappeals.com 

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the first working day after arriving in London.

www.majesticcollege.org  

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Mother and Sponsor speaks of Daughters Student visa refusal and her courage to pursue an appeal at the AIT.

www.visaappeals.com
www.majesticcollege.org

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Another entry clearance (student visa) refusal reversed by the repsondent British Embassy in Manila following an appeal to AIT (Asylum and Immigration Tribunal).

Immigration Adviser Bison UK lodeged the entry clearance appeal six months ago after the Filipina student was unlawfully refused a visa to study for an NVQ course at Majestic College in London.

Shortly before the appeal hearing, the Entry Clearance Manager withdrew the original refusal and issued the 3 year student visa within a week.

The Filipina student has now reported to her UK educational provider, Majestic College (www.majesticcollege.org), to start her NVQ Health and Social Care course, which runs alongside paid work placement arranged by Bison UK.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Lecturers are objecting to strict new ‘Tier 4′ immigration rules, which make colleges responsible for their overseas students.

Educational providers must keep a copy of students’ passports, report them if they fail to enrol or consistently miss lectures, or if they drop out. They must also raise concerns if students are suspected of being involved in terrorism.

But members of the University and Colleges Union, UCU, voted on Friday to ignore the legislation calling it “discriminatory” and “an attack on the civil liberties of international staff and students”.

Sally Hunt, general secretary of the UCU, said: “Our members are educators not border guards.”

Under the rules implemented in March, foreign workers (under Tier 2 of the points based system) and students (Tier 4) must carry biometric ID cards and all universities and colleges need a licence from the UK Border Agency to recruit non-EU/EEA students.

The union says the laws require members “to carry out policing and surveillance duties” on behalf of the Home Office.

“It is likely to lead to draconian absence and sickness policies being introduced and members being disciplined if they do not report absences of international staff and students,” a motion, carried at the union’s conference in Bournemouth, said.

A spokeswoman for the UK Border Agency said the Home Office would not tolerate fraudulent applicants trying to abuse Britain’s immigration rules, or “dodgy colleges” that facilitate them.

At present there are 240,000 non-EU students in Britain making it one of the most popular destinations for higher education in the world.

“Educational institutions have a duty of care to all their students and checking that they are attending and making progress in their studies is part of that responsibility,” the Home Office spokeswoman said.

“The records we expect education providers to keep are those which most will keep for their own purposes anyway.”

Over 400 members, representing lecturers across the UK carried a motion instructing their union to “provide all possible support” for anyone who refuses to carry out the checks.

The union will now lobby for the abolition of the visa rules and will “launch a campaign of non-compliance with all such policing and surveillance duties,” its members said.

But not all union members agree with the boycott action.

Jim Guild, a representative of the University of Sussex UCU branch, said that the union could not collectively refuse to monitor students without declaring a dispute and that it was unclear whether the rules counted as an employment issue for the purposes of trade union action. “The union can’t protect members who participate in an act of boycott,” he added.

However, he added that employers were as concerned by the new system as staff. Universities fear that students will be deterred from applying to UK institutions by new requirements that they show they have sufficient funds for their stay. “At the University of Glasgow, 15 to 20 per cent of overseas applications have run into the sand,” Mr Guild said.

Elizabeth Clear, a delegate from University College London, said the rules were already adversely affecting students. One full-time overseas student who had asked to switch to a part-time course was told that she would have to return to her home country and reapply. “In the past, the change would have been straightforward,” Ms Clear said.

Immigration Matters Comment

Whilst Universities and unions may be able to protest and boycott the UK Border Agency rules, smaller colleges and employers do not enjoy that luxury.

“Independent colleges and educational providers face losing their licence unless they fully comply with the rules”, said Cynthia Barker Centre Manager of Majestic College.

“We went through nine months of hard work and spent thousands of pounds to get our Tier 4 licence, so we cannot afford to risk losing it by arguing with the UKBA”, she added.

Tier 4 should not present too many problems for Universities, which has the resources and manpower to cope with the increased administrative burden.

The student visa process will also be consistent under Tier 4, with Entry Clearance Officers (ECO’s) no longer being able refuse on subjective grounds such as: “on the balance of probabilities you are unlikely to return home at the end of your studies” or “your real intention is to work in the UK rather than study”.

Visa applicants still have the right of appeal on refusals based on previous Rules, however, refusals under Tier 4 applications (made after 31 March 2009) will be dealt with by an in-house ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

NVQ Student from the Philippines arrives at Majestic College. She received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a strong appeal at AIT (Asylum and Immigration Tribunal) against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College, because he said she was over qualified – as a Dentist in the Philippines. 

Bison UK refuted the claim in the grounds of the appeal, which was due to be heard before an Immigration Judge at the AIT in Hatton Cross this month.

But days before the hearing the Entry Clearance Manager ECM) in Manila overturned the refusal, granting her a 3 year visa. 

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the day after arriving in London.

Under Tier 4 of the Points Based System the right of appeal is not offered to those who are refused a student visa.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

An NVQ Student from the Philippines has successfully obtained a student visa and has returned to the UK, despite being deported and refused Entry Clearance by the British Embassy in Manila. 

Senior Carer, Gennie, had been asked to leave the UK in 2008 after his employer allowed his Work Permit to expire. 

Gennie was told his permit was “in process” and continued to work at the care home unaware that he was breaking the law and working illegally. 

During this spell Gennie was unfortunately picked up by immigration officers and placed in a detention centre in Dover, where he was held for 5 days. 

The centre holds illegal immigrants, overstayers, failed asylum seekers, convicted criminals and even terrorist suspects due for deportation. 

Gennie was surprisingly released from the detention centre and issued with removal papers. He left voluntarily, paying for his own flight, after seeing immigration advisers Bison UK. 

With the help of Bison, Gennie applied to return to the UK to upgrade his skills by taking an NVQ Level 3 course at Majestic College, hoping that this would help enhance his career prospects in the UK, Canada or back home in the Philippines. 

Initially he was refused (under Paragraph 57 of HC 395) a student visa on the basis he was already qualified, despite the fact that he was applying to study an NVQ Level 3 which he did not possess, and was only going to the UK to work. 

Bison UK immediately lodged an appeal refuting the reasons for refusal given by the Entry Clearance Officer in Manila. The Immigration Judge agreed and overturned the decision during the hearing (with Jerry Turner acting for Bison UK, Charles Kelly and witnesses in attendance) at the Asylum and Immigration Tribunal (AIT) in 2009. 

Directing the British Embassy to “grant entry clearance to the appellant without delay”, Immigration Judge Blandy noted in his determination: 

“I generally find on a balance of probabilities having regard to all the evidence before me that at the date of the respondent’s decision the appellant met all the requirements of paragraph 57 of the Immigration Rules HC 395 and his appeal must accordingly be allowed. I am satisfied that the appellant continues to meet all the requirements of paragraph 57 and accordingly direct that entry clearance be granted. 

“The appeal under the Immigration Rules is allowed. 

“I direct the respondent to grant entry clearance to the appellant without delay.” 

Under Tier 4 of the Points Based System the right of appeal is not offered to those who are refused a student visa.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an Entry Clearance Manager (ECM) under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Leading appeal specialists, Bison UK, have reported a sharp rise in the number of entry clearance refusals, involving student visas and family cases, overturned by Entry Clearance Managers (ECM’s) at the British Embassy in Manila. 

Previously, Bison UK had to take most appeals all the way to hearing stage at the Asylum and Immigration Tribunal (AIT), where over 95% of their cases were successful. 

But in the last month, a number of clients in the Philippines have been contacted by the British Embassy to come and get their visas. 

Managers at the company are not sure why the Embassy seems to have had a change of heart, but are none the less delighted to see the notification from the AIT that the “respondent has withdrawn”.  

Most of the refusal grounds for student visas, which have since become obsolete under Tier 4 of the Points Based System, are based on “intention” to return home or study.  

Entry Clearance Officers (ECO’s) should no longer refuse on subjective grounds such as: “on the balance of probabilities you are unlikely to return home at the end of your studies” or “your real intention is to work in the UK rather than study”. 

Visa applicants still have the right of appeal on refusals based on previous Rules, however, refusals under Tier 4 applications (made after 31 March 2009) will be dealt with by an in-house ‘Administrative Review’ system.

Immigration Matters would be interested to hear about your experience with visa appeals – please add your comments below.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk