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Student Visa Appeal Success | Immigration Matters

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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

www.immigrationmatters.co.uk

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236 Responses to “Student Visa Appeal Success”
Read them below or add one

  1. lakhinder singh says :

    sir please give me the reverte of this case

  2. lakhinder singh says :

    please sir reply .what can i do.

  3. lakhinder singh says :

    I Lakhinder Singh had applied for student visa to UK. Unfortunately my application got refused by the visa officer after an interview and imposed 320(7A). I applied for administrative review. In administrative review the original decision has been overturned and I received a letter from the embassy of dated 26/02/2013 that you should come within 28 days with your passport and fresh CAS.
    I went to Embassy on dated 12/03/2013 the official refused to give me visa on the ground that your course start on 09/09/2013 i.e 3 month advance to the rule. You are requested to provide me extention of 3 month so that I got visa and my precious year of my life saved. The copy of cas and approvel letter from embassy is attached. Is it possible to get extension . So sir please reply soon .

  4. Apeal if the decison was wrong. If you need advise speak to an appeal specialist – 0208 905 1822

  5. Ashok Gurung says :

    Dear receiver,
    I’m current CIMA student in London. I came here in London in Jan 29, 2011 to study MBA here in London, which is renowned University in UK. I passed my MBA last month. My visa expired in Oct 17, 2012 but before that i applied for student visa in Sept 24, 2012. I started attending the classes from first week of July 2012. Last week i got the refusal from home office saying that my IELTS has expired already. But the day when the CAS was issued my IELTS was valid. I have right to appeal within 10 business day. Please suggest me what to do?
    Waiting for your response

  6. Hi, thanks for you reply… But what the 14 year rule.?? Will I benefit from it or not??

  7. You should see an adviser for a proper consultation, as the 14 year Rule is not as straightforward as many people assume. Try Level 3 OISC Registered Immigration Advisers Bison UK on 0208 905 1822

  8. Dear sir,
    I’m in need of some desperate help to sort myself out. I came to Uk in 2006 on a student visa and commenced study. When I was about to finish my first year, I had a lot of problems with my parents and they said that they would not fund me anymore to study. Determined to make my own money to fund my studies, I took three years gap from university and earned some money. I managed to go back to studying from my second year in 2010 academic year. I completed my first semester and when my visa was about to run January 2011, I applied with the help of the university’s international office. Everything seemed to be alright just a day before I was to post my application when the university officer found out that I did not have enough funds as I had taken three years gap years. She said that I needed £5500 in my bank account and even though I borrowed the money from someone and deposited into my account, I would have to leave it in my account for the next 28days which will make me eligible to apply for the visa. Hence I applied for my visa late by 1 month. Whilst my visa was gone for renewal I continued my studies and just a few weeks before my second semester exams, my visa came back refused.
    In between I have to mention, that I got a criminal record for shoplifting… Which I really not intend to do..all though the evidences were not enough against me I had to plead guilty.
    Now, my student visa came back refused because of my criminal record and my right of appeal was cancelled because I applied late. My university immediately terminated me from the course and I was asked to return back to my country. I was shell shocked about what had happened to my future. I immediately seeked for help from a solicitor I came to know about and he said that the chances are very less for me and said that he can only write to the home office a letter asking for reconsideration and a letter was sent to the home office on the 3rd of June 2011. Since then there has been no reply from the home office regarding my visa and I’m terrified of what’s goin to happen. My life is at stake and my mental pressure is also growing day by day. I feel very hopeless and unfortunate in life. I can’t go back to my country as my family don’t have any contacts with me. Any help and advise you provide me will be very valuable.

  9. Muhammad Saleem says :

    very good.these advices for the students are very important.thank you very much

  10. pareeshy says :

    i applied for a student visa i hv been refused from embassy and we have taken review but still waiting for that what should i do?wait or what else please tell me

  11. my student visa refused for fake statement. now my appeal is pending on ukba. now can get merry in the mean time of my appeal pending. if i overstay here for few days can i apply foe sattelment visa…………..

  12. Hi, I hope all is well for everyone. I would like to inquire how true that their will be no work given if a student is going to renew his visa after April 2012. Does this mean that prior to April 2012, I need to apply for extension of my visa as this will expire on July 2012. I am very confuse as to which government funded college would I enrol that would make the UKBA allow me to work 20hours or more. Please help. Many thanks.x

  13. You need to talk to the Solicitor or their regulator The Law Society.. Ask the Solicitor how to complain.

  14. Hi I am currently studying in uk.i applied for extension but home office refused it then I lodged the appeal through solicitor and my appeal was allowed. I have paid my solicitor the fees but now they have recieved the determination letter and now asking for money which he never talked about paid 1000£ now asking 800£ more. Can you please tell me how can I get the copy of letter as I can not afford to give him more money without any reason

  15. Bisaj Thaiba says :

    Has anyone got right to work and study or not, while their application is sent for judicial review after it’s first refusal?

  16. The advice is to instruct an appeal specialist to handle your case or see a L3 OISC qualified adviser or lawyer for a consultation. You should have submitted your skeleton argument and bundle already which will form the basis of your case.
    Most judges do take into account that a person conducting their own case will not know all the procedures.

  17. Dear sir,
    I hope you will be doing well.I have just visit your website and read the comments of student that was inspired me to ask you about help.
    i have submitted my tier4 application on 25 October 2011 on premium service.but they hold my case and on 21.Nov the UKBA send me a Refusal letter.I have appealed against the decision and tomorrow 6-2-2012 i have hearing.
    I have done ABP Post Graduate Diploma In Business management,and now take a admission in MA course.I have no English Language but i Have english lexamption letter form my new college.
    The UKBA give the reason of refusal that you have submitted professional qualification to verify the English language that does not satisfied them.i have submitted the English exemption letter but they lost it.
    now again i have submitted the same letter and on same English exemption letter my fellow student get visa and their previous awarding body is ABP as well.

    Give me advice how can i defence my case tomorrow.
    i shall be thankful to you.
    thanks

  18. Hi. My friend is currently in the uk to study, and i believe the duration is at least a year but he can’t work cos his visa prohibits working. Is it possible for him to apply for a new visa that will allow him work? What are his options? He needs to work to sustain himself. Any help will be appreciated. Thanks.

  19. THE UK SHOULD STOP ALLOWING STUDENTS IN FROM INDIA/PAKISTAN BECAUSE THEY ARE ABUSING THE SYSTEM AND ONCE THEY HERE THEY SIMPLY DO NOT GO BACK TO THEIR COUNTRY AFTER THEIR “SO CALLED” STUDIES ARE COMPLETED, AND MOST OF THEM DO NOT EVEN STUDY AND DO FULL TIME ILLEGAL JOBS AND ARE TAKING THE RIGHT PISS OUT OF THE UK IMMIGRATION SYSTEM IT’S A JOKE AND THIS WILL CONTINUE UNTIL THE UK IMMIGRATION SYSTEM WAKES UP AND REALISES THAT THEY MAYB GETTING TONS OF MONEY INTO THE COUNTRY FROM THESE OVERSEAS STUDENTS BUT AT THE SAME TIME THESE STUDENTS ARE TAKING THE IMMIGRATION LAW ON A RIDE AND LAUGHING, AND THEY ARE THE ONES THAT END UP BEING THE “ILLEGAL IMMIGRANTS” THEN THE IMMIGRATION WONDERS WHY THERE ARE SOOOOO MANY ILLEGAL BODIES IN THE COUNTRY AND DO NOT EVEN KNOW THE FIGURES. LOL!!!!! ABSOLUTE JOKE!!!!! AND THE SAME GOES FOR THE PEOPLE THAT COME FROM THESE COUNTRIES ON A “VISITOR VISA” THEY ARE ALSO ABUSING THE LAW BIG TIME ONCE THEIR 6MTH VISITOR VISA IS UP THEY DO NOT EITHER GO BACK TO THEIR HOME COUNTRY AND INSTEAD GO ON THE RUN.

    IF THE UK WANTS TO PUT A CONTROL ON PISS TAKERS THEN VISITOR VISAS AND STUDENT VISA FROM INDIA/PAKISTAN AND OTHER ASIAN CONTINENTS NEED TO BE RESTRICTED BIG TIME, AND THE UK IS LETTING ANY TOM DICK OR HARRY ENTER ON A STUDENT VISA, MOST OF THEM DO NOT EVEN KNOW THE ALPHABET BUT BECAUSE THEY HAVE THE CASH THEY ARE ALLOWED INTO THE COUNTRY SO EASILY, AND IT HELPS THE ECONOMY, BECAUSE THE UK IS CHARGING TREBLE THE COLLEGE/UNIVERISTY FEES. ITS CRAZY!!!!!!

    WAKE UP UK IMMIGRATION SYSTEM YOU ARE BEING TAKEN FOR A RIDE AND MADE A MOCKERY OF, DONT LET YOUR GREED RUIN THE COUNTRY GET RIDE OF STUDENT VISAS OR RESTRICT THEM ONLY TO PEOPLE WHO ARE GENUINE AND QUALIFY, AND TO PEOPLE WHO HAVE NOT EVEN SEEN THE ENTRANCE TO THEIR SCHOOL. LOL!!!!!!!!!!!!!

  20. Moyinbaba says :

    I am completing an MPhil in a UK university and applied for an extension but was refused because of insufficient funds and that my sponsor who has been sponsoring me from the beginning is not a government or international organisation. Should I be denied completing my course because the rules on sponsorship changed midway?

  21. Hi,

    I am writing to you to find out the correct procedure for a review as I had applied for a tier 4 student visa along with my 2 dependents ( My Wife & Infant Daughter ).

    I got the visa but my dependents didn’t get it, the reason they gave is that The Running Finance Facility which was shown as the proof of funds is NOT allowed for the PBS Dependents under section 319H (g).

    Note: 319H(g) clearly states that the funds are not sufficient to support the application.

    Keeping in mind the visa was refused 2 months back aswell but that time they had considered the Running Finance Facility and proved that the balance was insufficient. Agreed.

    But this time the funds were OK and still they refused the application saying that the Running Finance Facility is not accepted under the law.

    This seems to be an absolute blunder because they DID consider the Running Finance Facility previously, but what happened now?

    Please advise me how to go for a review and by when can I send up the review to the British high Commission along with WHAT all documents do I have to send.

  22. i have made a tier 4student visa extension but with out a cas. this is because i applied to a school which guaranteed me a place and at the end turned me down,so i had a limited time to apply another school and get cas. i applied through clearing to another school and was given a place but unfortunately did not have enough time to get a cas letter before my visa ran out so i submitted my passport to avoid it running out with me. i went to the school for visa check but was told without the cas, my application might be turned down and without a chance to appeal. im really hurt because i thought i had done the right thing to submit my papers before it ran out even if i had not a cas yet rather than hold it to myself. my intention is to get the cas and foward all supporting document to them but i hear it will make no difference. i need help,what are my options, what do i do before home office makes a decision?

  23. i had appliedfor student visa in uk ,my applicationis refused due to low maintanance if i reapply it will granted or not

  24. Dheeraj says :

    Hi.,i m from nepal.,me n my fren., we both applied to uk for student visa in same college by same process., but unfortunately i got rejected and he got visa.,how could this happen.,my first dream to visit old trafford of manchester united will always remain dream.,

  25. Nurudeen Ajibade says :

    Please I urgently need your help. I applied for a tier4 student renewal in the uk in december 2009, i was denied on march 1st of 2010, i appealed and my appeal was granted august 17 2010 and i was awaiting the ukba to contact me and issue me my biometric card, but till today august 29 2011, over a year after i won the appeal, i still have not heard anything from them. I have contacted them over the phone so many times and they kept telling me to write letters to my case worker. since the start of the year I have written over 5 letters and all of them were recieved because i got a reply back around 3 months ago to let me know they have changed my address in regards to my request and that they will look into the issue of my biometrics but till this moment they have not issued the biometric card for me and the schools will not take me on because of my lack to present a valid student visa. It has been frustrating and plus one of my parents died and i was not able to visit my country which is very sad. please what can i do ? and does it normally take this long after an appeal was granted. All response will be highly appreciated.

  26. I have applied my visa and rejected, the reason been stated that i have declared as a director of the company from 2004 to 2011 but they only can see the documents as a director from 2007 to 2011 only.

    I dont understand how he checked my documents as i have submitted all my business reg including 2004 to 2011

    If he missed the documents still he can check the submission check list.

    These people really rude and before they open our documents they have rejected so easy to find these kind of the stupid reason to reject our visa.

    We should not judge these embassy people as an educated but still they dont know how to check our legal documents.

  27. Sunaina says :

    My brother was refused to appeal to the 1st Tier and the Upper Tribunal. His Visa was rejected because the bank did not print out the statement in a proper format. Achieved 30 points in his CAS though..Never mind long story short the All the Judges think it is not a matter to appeal but have suggested to put in a fresh application

    1) how successful will this be
    2) If he does not make a fresh application when should he leave the UK as his appeal is refused (28 days or sooner

    Pls help

  28. You don’t know your status? You need advice.

  29. Amandeep says :

    sir’
    Good morning’
    I am amandeep kaur here’ I want to know about my status in uk. may I ask you some questions

  30. Yasir Shah says :

    But sir My Friend Go To England Same Course. applied on applied 5 may

  31. Yasir Shah says :

    My Visa I ss Refuse My CAS Latter Is Issue 20 April I am Applied on 5 July My Course Is ACCA ECO Comments You Have 30 Points For Valied CAS However You have the instruaction f Which hs Issue the CAS not ACCA Provider either Gold or Platinum level tere for I am Not Satified that u have the valid CAS and You have not have been awarded any Points For The CAS You there for not meet the Requrment to the Grand Entery Clarence under tier 4Gernal (Student)I refused Your Application Under Paragraph 245zv(b)and Paragraph 120a(ca)of the Immication Rules.

  32. Dear Sir

    We applied for business visa for my colleague but got refused. He was refused for not having sufficient documents of sponsoring company’s available funds to cover the trip. And that, he doesn’t have any confirm ticket yet at the time we applied for the visa.

    Can you advice how we will appeal or do we have right to appeal at this situation.

    Thanks and regards
    Auie

  33. Raya Canullas says :

    greetings, i would like to seek advice regarding switching to tier 2 from a student visa applied before March 2009. I currently hold a certificate of sponsorship from my employer to switch to tier 2, but i am having problems with my NVQ 3 certificate from my school because they did not release it and did not contact me anymore after i have fully paid the fees for my course. How can i provide evidence that i have finished a course, if my former school does not issue my Certificate and contact me anymore.

  34. hi sir,

    Iam in the middle of completing my MBA and dreamed abt the PSW application, however university failed meon one paper and now i need to resubmit one more paper. I went for an appeal for tht paper on the basis of sick note from my Doctor. Now the college told me tht the appeal might take 3-4 weeks and by the time my visa expires (29th of Aug)…The college said they will not issue the CAS letter for visa extension, as they are asking me to leave the country and wait for the appeal results at my home country.

    Is there any possibility I can get a visa extension and then submit the paper in next submisssion date

    pls pls advice….

  35. Sir,can a visitor visa exten there stay in uk if not what they can do exten they stay in uk

  36. shakeel majid says :

    hi,there i,m very deprest uk the ukba becuase when i was came in london 1 year ago my course was acca and my english speaking not very good the immigration officer stop to me and keep there my passport he said to me u,r course is acca but u don,t know english but write down on college pepers above 22 any one can came in this course i him that peper than why he kept my pasport there i was born in 1985 plz give me solution about this

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