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NVQ student wins visa appeal at AIT | Immigration Matters

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NVQ student arrives in London after winning her appeal at the AIT (Asylum and Immigration Tribunal) against her 2007 entry clearance refusal in Manila. 

The Filipina student appealed to the AIT after Entry Clearance Officers at the British Embassy Manila refused her student visa because they did not believe she was coming to the UK to study, and that the NVQ in Health and Social Care she was taking at Majestic College in London was below her Filipino Masters Degree.  

The refusal came as a complete shock since she had twice visited family in the UK and on both occasions fully complied with the terms of her visit visa. 

On her last visit in 2007 she decided that she would like to study in the UK for a National Vocational Qualification (NVQ) in Health and Social Care at Majestic College, as this would improve her career prospects at home or abroad. 

After returning to the Philippines, to apply for her student visa and submit her VAF and documents, she was refused (under paragraph 57) without being interviewed or given the opportunity to explain her intentions. 

She tried to visit the British Embassy in Manila to talk to an Entry Clearance Manager and explain her position, but was turned away.

She instructed appeal specialists Bison UK to represent her and prepare her ‘skeleton argument’ and ‘bundle’. Bison UK’s appeal specialist Jerry Turner refuted the ECO’s “unsubstantiated and wild” claims before Mr RBL Prior, an Immigration Judge, on 30 January 2009. 

He pointed out that if she had intended to overstay she would have done so on her “two previous visits”, and that she was entitled to change course or career regardless of the level of study. 

At the appeal hearing in Hatton Cross the independent judge considered the evidence before him, listened to the arguments and allowed the appeal stating in his determination that the “decision of the Respondent appealed against was not in accordance with the law and the Rules”. 

Judge Prior noted that she had not overstayed in 2003 or 2007 and accepted her letter of appeal in which she stated: 

“If my intentions were not genuine, and I am just after work, I should have just overstayed there. 

“My intention for my application for a student visa is purely to gain an internationally recognised qualification in the field of care which I believe I could utilise in the future”. 

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

If you need any immigration advice or an appeal against a refusal please email:  

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

Student visa applications refused after 31 March 2009 under Tier 4 of the points based system will not be subject to an appeal. In these cases a new Administrative Review System will apply.

Students refused under the old Rules will still be able to appeal to the AIT.

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8 Responses to “NVQ student wins visa appeal at AIT”
Read them below or add one

  1. Yes there is a possiblity if you have a tier 2 sponsoring employer.

  2. respected sir regards,
    i would like to ask you if there is any possibility to change the NVQ visa in senior carer,actually i am a nurse,i have done three years diploma in general nursing and one year diploma in midwifery nursing from pakistan, i was x-registered with UK NMC,unfortunately i could not get adaptation,now IELTS band7 is missing from my qualification,is there any way so i can get employeer,s sponsor,right now i am studying NVQ4.please help me on this matter ,i have IELTS BAND 5 CERTIFICATE WITH ME . many thanks

  3. respected sir regards,
    i would like to you if there is any possibolity to change the NVQ visa in senior carer,actually i am a nurse,i have done three years diploma in general nursing and one year diploma in midwifery nursing from pakistan, i was x-registered with UK NMC,unfortunately i could not get adaptation,now IELTS band7 is missing from my qualification,is there any way so i can get employeer,s sponsor,right now i am studying NVQ4.please help me on this matter , many thanks

  4. This question cannot be answered without an immigration specialist seeing the full facts of the case. You need legal grounds on which to ask for a reconsideration.
    http://www.immigrationmatters.co.uk

  5. sir my name is rashid form pk i want to know i was refused by jugde tht u dotn have abiliy of english language although i showed my ielts with 4.5 band and some other language certificate but judge says i dotn think so u have abliy to follow this abe course let me know should i reconsider of my appeal against of judge decision or not plz inform me soon on my id

  6. HOW LONG DOES AN APPEAL BE PROCESSED? REGARDING THE STANDARD OF EDUCATIONAL SCHOOL I\HERE IN THE PHILIPPINES, WHAT IS THE STANDARD OF PAMPANGA AGRICULTURAL COLLEGE? BECAUSE MY HUSBAND CAME FROM THAT SCHOOL AND HE JUST GAINED 5 POINTS WHERE IN FACT MANY OF THE GRADUATES OF PAMPANGA AGRICULTURAL COLLEGE ARE NOW ALREADY WORKING IN THE UK AS TO GRADUATES OF AGRICULTURE, HOPE BY THIS YOU WILL HELP MY HUSBAND IN HIS APPEAL FOR HE REALLY WANTS TO WORK IN THE UK AND HE COULD APPLY HIS KNOWLEDGE AND IDEAS ABOUT THE WORK HE IS APPLYING FOR,HE IS HOPING AND AIMING THAT UR GOVERNMENT WOULD ALLOW HIM TO WORK IN UR COUNTRY. THANK YOU VERY MUCH.GOD BLESS AND MORE POWER, I DO PRAY THAT THE ONE WHO WILL HANDLE HIS PAPERS DURING THE APPEAL WOULD BE IN GOOD MOOD AND AT PEACE, BE ENLIGHTENED SO HE CAN FOCUS ON REVIEWING THE DOCUMENTS. THANK YOU

  7. […] NVQ student wins visa appeal at AIT Tags: AIT, Appeal Allowed, Asylum and Immigration Tribunal, Bison UK, British Embassy Manila, ECO, entry clearance officer, Immigration Judge, Majestci College, Majestic College, NVQ, NVQ Health and Social Care, Refused Entry Clearance, student visa, http://www.immigrationmatters.co.uk, http://www.majesticcollege.org, http://www.recruitnurse.com, http://www.visaappeals.com […]

  8. M A USMANI says :

    BHC Works well and quiet educated and professional however errors commited when there are so many applicants and tons of work to be executed eco or ecm faces big answers and sometimes the genuine cases handled as bogus ,anyway at the end the victory is for the honest and dedication , honesty pays sometimes it takes long but itdo, errors can be made and one have to pay for the error in this civilized world.

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