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Student gets Visa after being removed from UK | Immigration Matters

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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

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13 Responses to “Student gets Visa after being removed from UK”
Read them below or add one

  1. hassan says :

    hi i have been from uk coz i was overstayed 4 months. UNDER SECTION is 24(1)(b)(i) ..how long i m gonna be ban for uk.

  2. my name is Imran from ( Bombay India ) i applied for student visa on Nov 2011..but my visa refused on the grounds of my work experience …so can i apply again and what are my chances to get visa..

    thanking you.

  3. Nokuthula says :

    Hi if a person was removed for working more than 20 hours a week for only one week. Was removed in 2006 and wishes to return to the UK. Will their application be affected by that? Thank you

  4. Alamgir Farzand says :

    Hi, I am Alamgir and i was applied in UK in 2007 as a student but i was refused on (ACT HC 395)kindly guide me that am i able to reapply as a student.

    Thanks.

  5. Did you appeal the decision?
    You have most probably received an automatic ban. Read the removal letter for conditions.

  6. M Arif says :

    hi,
    i was doing my computer course in uk, when i my visa was refused due to the reasoning i had worked for more than alloted number of hours. I was deported from heath row airport when i was going back to UK after holidays in June,2008. now i again want to apply for the visa is it possible for me.
    please advice me
    best regards

  7. M Arif says :

    hi,
    i was doing my computer course in uk, when i my visa was refused due to the reasoning i had worked for more than alloted number of hours. I was deported from heath row airport when i was going back to UK after holidays. now i again want to apply for the visa is it possible for me.
    please advice me
    best regards

  8. I wanted to know that i had given a visa last year in the month of May .i wnt there but after tht i got a call from my country after 5 days that my wife is not well i took leave from the college and went back but soon i came to know that my colleges liscence has been suspended and i cannot trvel untill my college’s liscence inrenewed now after a year they have got their liscence back and transferred me to the up comming session …can i trvel with the existing visa

  9. Yasir Khan says :

    Hi there,

    I would like to get some information about getting re-enter in UK as I have been removed for overstaying on student visa. I have been to UK for 6 years. I entered in UK in 2003 and got 4 years student visa and then extend it till December 2008 and then couldn’t get my degree because of not having enough funds to pay my remaining balance to University and then UKBA came to my house and picked me up and sent me in detention center for a week and then removed me from UK on their expense but while I was in the detention center I have requested to come back voluntary but they did not listen to me and sent me back home (Pakistan). I do want to come back to UK without getting married as I do not have any relatives there so what would be the right way.

    Please guide me as I have been looking on Google and couldn’t get any satisfactory answer.

    Thanks

  10. hi,
    i was doing my pg course in uk, when i my visa was refused due to the reasoning i had worked for more than alloted number of hours. I came back to my respected country in the time given by uk authorities. now i again want to apply for the visa is it possible for me.
    please advice me

    best regards

  11. Somebody whom aplication for extention of student visa was refused 2 years ago under the justification of had worked more than 20 hours per week, couldn’t leave from The UK at that time due to many reasons regarding with studing, wish to get the chance to appeal against the decision of refusal of her visa extension 2 years later.

    What should do?

  12. You need to contact the AIT or the embassy. You should have received a letter about your appeal with intructions from the AIT.

  13. asghar khan says :

    I am student and i applied in uk as a student so i want to know about my appeal process my appeal number is 088456000877
    MY FCO NUMBER IS 229709

    THANKS

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