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 Categories : News

 

Refusals withdrawn prior to full AIT hearing say advisers 

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had a change of heart, but are none the less delighted to see the notification from the AIT that the “respondent has withdrawn”.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

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216 Responses to “Visa refusals overturned by British Embassy”
Read them below or add one

  1. afolabi572003@yahoo.com'
    afolabi572003@yahoo.com'Afolabi says :

    Hi,
    My wife was refuse a visa to join me by the embassy in Nigeria for not providing enough photograph , evidence of communication and for me not to have visited her after the marriage in Nigeria . I am currently working full time and British citizen what should I do, we have 28 days to appeal

  2. happylife423@hotmail.com'

    hi
    few years ago i applied for student visa for uk,unfortunately my visa aplication was rejected and they mentoned this article 320(21)so plz let me know what should i do for apply the study visa again plz tell me as soon as posible

  3. jkemasylv@yahoo.com'
    jkemasylv@yahoo.com'Jenny Kadhila says :

    Hi

    I am correcting the second line in my first paragraph that the Home office should inform the employers to be patient because it is not the students fault not to get their visas back on time and also that the Home office is based in the UK but not abroad.

    There must be clear information to the employers how to deal with students waiting for the renewal for their visas.

    Please give me any idea or any web info that indicates we are allowed to work whilst waiting for our visas so that next time when i renew, i have a solid information or refference.

  4. jkemasylv@yahoo.com'
    jkemasylv@yahoo.com'Jenny Kadhila says :

    Hi

    Why is the home office keeping student visa extension too long, and students are now being threatened by employers that they will stop them working?

    I think the home office need to inform the employers to be patient because it is not the students fault and the Home office is in the UK abroad. The home office should provide a page of information that if a student is waiting for their visa to be renewed they can still work.

    The other thing is that some times a student want to travel or visit your family but you cant, some of us are single mothers and have not seen our families for 3 to 4 years especially our kids please the Home office must have a heart to feel for us and give us a chance to visit or invite our families whilst waiting for our visas. This is just like u are in prison, how can i even study if i dont see my family? it is hard and affects our performance please the Home office should do something about this because it is not fair. Even prisoners are allowed to see their loved ones.

  5. abid7@mail.com'
    abid7@mail.com'Rana Abid says :

    hello
    i have lost my uk refusal latter
    i applied for study visa in 2006
    now again i wana go uk for visit.kindly tell me how can i get my refusal letter back from uk embassy in pakistan
    regards

  6. nenahot23@yahoo.com'

    i will like to know if there is a certain amount of money my invitee is supposed to have in his account to be able to invite me bcos i was refused visa by the uk embassy that my invitee account is too low.

  7. crwemms@yahoo.com'
    crwemms@yahoo.com'Emevie Crow says :

    Hi!!!im married to British national. I applied for visit visa last July 2010 and after 1week i got all the original documents that i submit to UKVAC as well as the photo copies. And i also receive a appeal form. Unfortunately my application was refused. My husband already submit the appeal. How long are we going to wait before we can get the appeal result? Hope you will able to help me..thank you

  8. Hafizmuhammadshafi@hotmail.com'
    Hafizmuhammadshafi@hotmail.com'Hafiz Muhammad Shafi says :

    Respected Sir,
    Assalam-o-Alaikum
    I put appeal on 2nd of February 2008.I am unsatisfied because My appeal is pending.
    Why is my appeal pending? I am waiting your kind response.Please help me.

  9. euukimmigration@gmail.com'

    Try your local British Embassy website or UK Border Agency – http://www.ind.homeoffice.gov.uk/

  10. yasmina7373@hotmail.fr'
    yasmina7373@hotmail.fr'Grace Faiwe says :

    Dear Sir
    I just come accross your website as I’m preparing to go to the UK for a business trip.Unfortunately I can’t see any where on the website any infortion related to.
    So I would like to ask you kindly if you could possibly inform me by giving me the your most valuable advice.
    For information I’m living I the Ivory coast and I’m also Ivorian national.
    Thanks a lot

    Grace

  11. desa@aol.com'
    desa@aol.com'desmond says :

    Dear friends,
    I read through and really understood that immigration rules are becoming more complex.
    Instead of the British authorities to work on internal control modalities to manage and control migration, they are fight each other and under such circumstances the ECO have all become wounded leopards read to kill you psychologically. They are not real professionals. They are like wild animals that are programmed to reap people’s money.

    Objective judgement is not part of their culture but who is to blame….the government of course. It’s rather unfortunate but that Island is sinking and even not already cursed, would be a cursed Island soon and everything on it will be cursed. They only give visas to corrupt people like themselves. How can you determine who is genuine or not. It is absolutely rediculous. Tier 4….rubbish!
    Never trust them, would be my professional advice but if you want to apply safely go through a British legal firm.ONLY BRITISH TO BRITISH CAN UNDERSTAND THE BRITISH. NO ONE WILL EVER KNOW WHAT THEY HAVE SIGNED UNDER THE TABLE. BUT any one risking to apply, thinking they have every thing that is put on paper does not work. Even you can be refused for not crossing you ‘t’ or putting a dot above your eye. Then you have the opportunity to appeal.By the time the decision is taken you find out was it really necessary to go all through this. Anyway experience is a good teach though a bad master. Good luck to all future applicants. Nevertheless just make such you go through an acknowledged migration lawyer, otherwise you can get a heavy blow between the eyes. Cheers…dessy boy…British

  12. john@aol.com'
    john@aol.com'Jose Ade John says :

    Hi All,

    All applicants be aware of the UK Boarder Agency!!!!. They are abusing their office. Even if you provide them with all required information, they still love to see you refused. They are making fun out of people and creating avenues for other sources of income creation. Its a game lottery. One will only understand by experience. Hear say is not as effective as becoming a victim of UK visa refusal.

    Most refusals are not based on facts but rather feelings.

    My advice, is that the UK is not progressing. Educational standards are falling, the system is corrupt and chaotic. Only idiots still believe that the UK is still like before. It is no more. Once you get in after going through hell, then you realize it is all not worthy.

  13. giajee59@yahoo.com'

    hi im fizza and im woman
    im live in pakistan . im refusal and i want to go uk for my children’s better future plz can u help me about it

  14. giajee59@yahoo.com'

    hi
    im live in pakistan . im refusal and i want to go uk for my children’s better future plz can u help me about it

  15. kowusu62@yahoo.com'

    i have recieved a call forward letter from the British Army.What visa should i apply for and what processes should i go through before i would be given the visa

  16. fkazmy@btinternet.com'
    fkazmy@btinternet.com'Fazil Kazmy says :

    I am british citizen and married to my wife who has indefinate stay in uk. Her mother, sister and her brother in law and their baby daughter waants to come to uk for 2/3 weeks holiday and stay with us. I am self employed and my business is brilliant and I also own my own house. How much money do I need to show to immigration in my bank account to sponser my wife `s family ?

    I hope I can get some guidnace

    Thnak you

  17. euukimmigration@gmail.com'

    Tier 4 student visa holders can bring dependants (children, spouse/civil partners) provided they meet the requirements.

  18. msamanthag1227@yahoo.com'

    If I am to apply for the Tier 4 visa from the Philippines and I want to bring my 5 year old daughter will I be able to bring her along immediately? I have full custody of her and her father has no contact with her as stated by the Philippine courts and there is no one here to take care of her.

  19. ramya_reddy00@yahoo.co.in'

    hi can i get the information about the student visa. I have applied to the college and that college license was cancelled by uk embassy, now what is the status i will get. what embessy was going todo. please respond me.
    thanks

  20. topet_batman@yahoo.com'
    topet_batman@yahoo.com'joseph fajardo says :

    Good Day, I’am a Registered Nurse in the Philippines and I have been refused twice. My first refusal I can say that the fault was on me due to lack of supporting documents from my sponsor to the UK, but on my second re application I have provided the necessary supporting documents from my sponsor but the result made by ECO was still denied. My sponsor went here in the Philippines and went to the British Embassy and made a fax asking for an appointment but they never answered back and never made a schedule appointment.

  21. pr8196@gmail.com'
    pr8196@gmail.com'Cancel spuse Visa says :

    Hi,
    I am on Tier 1 visa and I am heading for separation and but my wife (on dependant visa) is not willing to leave UK. My wife is working at the moment. How can I cancel her visa or ask home office explaining my situation to cancel her visa and legally force her to go back to india.

    regs
    Prakash

  22. johanjohn4374@gmail.com'
    johanjohn4374@gmail.com'Johan John says :

    i’m a registred male nurse working in in india,i dont have ielts,now i’m planing to go London under NVQ 4 HELTHCARE&SOCIAL CARE PROGRAMME,understudent visa..when i reach in U.K medical insurance is available for me or not?

  23. akawifielusha@hotmail.co.uk'
    akawifielusha@hotmail.co.uk'kathy lusha says :

    hi im a English citizen and my husband is albanian we applied for a visa for him to come to England and it was refused because they didn’t believe my mum wrote the sponsor letter even tho they didn’t phone her to follow it up we have 3 kids together that aint seen there dad for a year and its heart braking! we are going to appeal but after reading these comments and see 1 that said they been waiting a year and they still aint heard nank back i dont fill that hopeful . it makes me so mad to here all these refusals and how immergration think they got a right to keep people away from there children and love ones and have to pay for visas and lawyers to be reunited even tho we haven’t got the money. i would like to know if my husband will get legal aid for a lawyer if he is out the country and if not as we are married can i get legal aid for 1 on his behalf?

  24. jethwahitesh@yahoo.com'
    jethwahitesh@yahoo.com'HITESH says :

    hello sir: im from india and working in israel with work parmit an last year i aaply in uk working maker holiyday an i refush last year so i make aapily again last 4 week befor i recv paper from uk so i want too know about my apily i have recv paper from immigaration jouge befor 4 weeks but i call in embccy in israel they tel me about my appeal need to chack in internet so i don t know how too check about my visa pls help me

  25. shyviki@yahoo.com'

    Dear Alls,
    let me explain i had applied for student visa on 12/2/208 unfortunatily my maternal uncle supponsor me but embssy Had rejected me on account of false Bank statment submission and imposed 320(7A) on me. it is not mine mistake it was my uncle mistake but why embassy restricted me for teen yrs.
    i can apply under Tier 4 policy with genuion documents.

  26. euukimmigration@gmail.com'

    Contact the UK Border Agency and you should be able to obtain a reprint.

  27. bengbr@hotmail.com'
    bengbr@hotmail.com'ben jones says :

    Hello. I am a Uk employer who has been acting on behalf of our employee. After a successful work permit application we received a 60 month work permit back in December’08. But upon application for a visa in his home country our employee made a mistake on his form and it was rejected. After a lengthy appeal process we finally won our appeal by a senior immigration judge. we were overjoyed as you can imagine. But now the embassy want a new work permit because they say our permit has expired!! Will i be able to get a re print, am I in time? and if so what is the way of contacting that department? Many Thanks for listening.

  28. euukimmigration@gmail.com'

    Despite what you say about your employer, who seems to have messed up your work permit, it is still your responsibility to ensure you are legally working on a current, valid, work permit and visa. Your visa is tied to your work permit, so if you are not working on your old work permit your visa is technically no longer valid. You should not have left your previous employer until you had a new work permit.
    The employer might get a slap on the wrist and a fine, but you could be deported for working illegally.
    See also: Baroness Scotland ‘didn’t see cleaner’s passport’ say Mail on Sunday
    You should seek advice from an OISC registered immigration adviser right away.

  29. morfi16@yahoo.co.uk'

    Hi. Our visit visa was recently refused. we appealed and it turns out that the ECO has withdrawn his refusal. They have asked for the passports and tentative dates to visit. Can the ECO deny a visa again when we send our passports? do we have to send any more documents with the passport such as an airticket etc? Also, we had paid the visa fees in full (for a 5 yr multiple entry visa) – can the ECO give a shorter duration visa? We already had a 6 months visa stamped last year and travelled on it too. How long do they take for granting a visa

  30. morfi16@yahoo.co.uk'

    Hi. Our visit visa was recently refused. we appealed and it turns out that the ECO has withdrawn his refusal. They have asked for the passports and tentative dates to visit. Can the ECO deny a visa again when we send our passports? do we have to send any more documents with the passport such as an air ticket etc? Also, we had paid the visa fees in full (for a 5 yr multiple entry visa) – can the ECO give a shorter duration visa? We already had a 6 months visa stamped last year and travelled on it too. How long do they take for granting a visa

  31. mbmacababbad_15@yahoo.co.uk'

    Im a Nurse working here in UK for 51/2 yrs.and i found out my current employeer did not applied for my Work Permit.I was working for them for 11 months and im risking my NMC PIN NUMBER and my life working for them with out my Work permit.When i applied for a job the employeer rest assured me that they will apply for a work permit and unfortunately till now i dont have any.
    My visa expires Jan.2013.There is a gap of 18 months for my work permit and im very devastated because i have 2 children to feed and im not workin for 4 months now and im financially drained.i applied for a new job interview but the Employeer cant assure me about the Home Office new policy.Please need your advise desperately.Thank you.Looking forward you could answer my query.
    P.S.
    Please if your going to publish this please hide my Surname.

  32. euukimmigration@gmail.com'

    The Embassy has the right to challenge the decision. You should seek advice from a UK based OISC registered Immigration Adviser specialising in appeals. They can help fight your case on your behalf.

  33. jnc.bintudan@gmail.com'
    jnc.bintudan@gmail.com'Janice says :

    Hello. My NVQ application was refused by the ECO-Manila so I appealed to AIT through paper case. The AIT allowed my appeal but when I asked UK Embassy Manila through e-mail, the Appeals Team informed me that the ECM challenged the AIT’s decision to higher tribunal. What is this higher tribunal? How long will it take for their decision? What must I do? Please help. It took me more than a year now processing my application and I am losing hope.

  34. sam_17_4u@hotmail.com'

    hi,
    my husband is a british national and i am bangladeshi and i applied for a sattlement visa in march 18 2009 and i was refused so i appealed against the decission and the refusal was overturned on the 29th of july and the embassy asked for my passport back. so i handed it in on the 30th july. they gave me an update date of 17th of august. but when i arrived to the vfs office on the 17th i was informed the passport is still at the british high commission. now i have no idea how long they are going to take or they havent informed me when they will return my passport.its 27th of september. i have been living away from my husband for over 6 months now which is a clear stress on our marriage and violation of human rights i think. is there anyway to find out any perticular date when i can recieve my passport back? or how long it usually take for the british high commission to process the required visa?

  35. beautifulbabe11@gmail.com'
    beautifulbabe11@gmail.com'Tamara says :

    hi, my husband is in the british army , we got married last month. i was just wondering if u can help me by telling me which type of visa i should apply for in order to live with him in the UK. we also have a child, what will be the procedures for her as well?

  36. jane_maganda@yahoo.com'
    jane_maganda@yahoo.com'Jm Maud says :

    My husband resigned from work last Wednesday Sept 16, 2009 for the reason that he had operation already in the heart and fresh back to work for one month but he cant do flying anymore as he is expose to the chemical/ fuel when fixing airplane and hard to breath. I am currenly in UK as tourist and we will be back together to the Philippines for me to apply as spouse visa. Does my husbands resignation will affect my visa application even he is British with assets as well as I have also some assets and small buss in my country (Philippines)? I need to be with my husband as I dont want to happen again that he got heart attacked before twice without me.

    Will be glad for your reply,,

  37. geogtech@yahoo.com'
    geogtech@yahoo.com'george maina says :

    I applied for a settlement visa and was denied.They refused on the balance of probabilites that i have not given enough proof that we do communicate on email and chat as i had indicated and also that i have not proved to them that the house that we will leave has enough space and it will not be over crowded.I sent tho them all tha necessary documents they asked me.I sent the appeal on august and till know i have not been contacted or have they told me that they recieved my appeal.I wouls like to know how lond it takes for an appeal to be overturned either at the embassy or in the uk?

  38. navdeepb@yorku.ca'

    Hi I have applied for a student visa teir 4, given all the required documents. Although, I have been charged with a criminal offence but have not been convicted as my court dates are later. The conditions have nothing to do with me traveling or studying. it is a level 1 charge. Would i get refused a student visa for the UK? I am a canadian.

  39. euukimmigration@gmail.com'

    If the college has informed the UKBA that you are no longer studying, as they are supposed to do, your visa will be cancelled. You could also be questionned by immigration officers if you try to return to the UK on the same visa.

  40. si85si85@hotmail.com'

    hey

    i have a student visa and i returned home without completion of my studies . i want to know if my visa would be canceled by the home office ukba because i am not in the uk … thank u very much

  41. williamvills2005@yahoo.com'
    williamvills2005@yahoo.com'William Barah says :

    Dear Sir
    I was pre-selected to enlist into the British army and was sent a call forward letter by the army, I contacted the UK embassy to apply for a visa to go and complete my selection process in the UK, I was told by the UK embassy to apply for a family visitors visa and of which I did, Later on I was issued a decision which was a refusals based on the point that My educational certificate is a false document and of which it is not false. I contacted the Cameroon GCE board who issued my certificate and I was given a proof of authentic document from the GCE Board, I later on contacted the UK embassy in my country and they asked me to bring the the proof from the GCE Board which I did handed it over to them hoping that they will call me and give me my certificate in which they retained in their office but its over 4 months and above I have not heard from them, each time I call they say they are waiting for a response from Ghana. My problem is that I just need my certificate back, if they are not willing to issue me the Visa they should provide my certificate back to me. Dear Sir Kindly advice me on what to do in order to have my certificate back. thank you.

  42. euukimmigration@gmail.com'

    You did not state the reasons given for this action – there must have been some communication from the embassy. You need to take advice or see an immigration lawyer to deal with this matter.

  43. emers100@yahoo.com'

    hi.my brother and i applied for a student visa last first week of december 2008 and my result came in first last April 22.i was approved of a visa and therefore i processed my trip to UK thereafter i received such.3 weeks after, i received a call from the British embassy here in manila recalling my passport with the visa.i was in doubt but i sent my passport back as instructed.the result of the recall came in last june 5 refusing my application.i was devastated of what happened because i have given up a lot of things already.i filed my appeal last june 24 but up until now i was not able to receive any communication from the embassy or the ait as to the receipt of my appeal.i am starting to be impatient and thinking of applying for a work visa instead and just withdraw my appeal.if i withdraw my appeal and opt to apply for a working visa,im worried if it will affect my new application?please advice

  44. williamvills2005@yahoo.com'
    williamvills2005@yahoo.com'Barah William says :

    Dear Sir
    I was pre-selected to enlist into the British army and was sent a call forward letter by the army, I contacted the UK embassy to apply for a visa to go and complete my selection process in the UK, I was told by the UK embassy to apply for a family visitors visa and of which I did, Later on I was issued a decision which was a refusals based on the point that My educational certificate is a false document and of which it is not false. I contacted the Cameroon GCE board who issued my certificate and I was given a proof of authentic document from the GCE Board, I later on contacted the UK embassy in my country and they asked me to bring the the proof from the GCE Board which I did handed it over to them hoping that they will call me and give me my certificate in which they retained in their office but its over 4 months and above I have not heard from them, each time I call they say they are waiting for a response from Ghana. My problem is that I just need my certificate back, if they are not willing to issue me the Visa they should provide my certificate back to me. Dear Sir Kindly advice me on what to do in order to have my certificate back. thank you.

  45. jigneshlodhia@live.com'
    jigneshlodhia@live.com'jignesh lodhia says :

    i have a pending student visa application forwarded on Jully 17, 2009.To date i have no feed back on the status of my application. all my legal documents were not yet returned.how will i know the status of my application. was i refused or granted?

  46. barbara_1179@yahoo.com'
    barbara_1179@yahoo.com'barbara says :

    Hi! I applied for a student visa under tier 4 at the British Embassy in Manila 3 weeks ago. My bank certificate was issued 5 months ago. I haven’t done it updated since the consultancy firm didn’t advice me about it. And what we have understood about the 28 day period is that…the account should at least reached a 28 days period or more before applying at the Embassy and if the account is not yet 28 days then we couldn’t apply for a student visa under tier 4. Then after applying at the Embassy, the following day, the consultancy firm called me and ask me to provide an updated bank certificate because they have found out that by getting a bank certificate on day 1, you should apply for a visa on day 28. What should I do? Do you think I will be granted a visa? The consultancy firm said that they will attach a letter together with a new bank certificate even if it will be submitted 3 weeks after the application at the Embassy.

  47. belladonnadonaire@yahoo.com'

    Good Day!
    I just want to know why my visa has not been released yet? I submitted my documents for student visa last March 27,2009 and until now i have not received any feedback coming from my agency (Kirsten Student Development Inc.) nor the British Embassy. I have been contacting the British Embassy manila but no one’s answering it. On the other hand my agency told me they have been monitoring the British Embassy manila but they are not giving any reasons at all..I have no job at the moment since i quit when I applied for NVQ student. My documents were not returned yet. I am wondering what is the reason why i still don’t have my visa? I am 22 yrs. old, one of the many nurses in the Philippines who’s wanting to go and study in the UK. Can you please help me by answering my questions?

    I will truly appreciate it if you can share with me the reasons why it take so long for processing the student visa. Thanks a lot!

  48. hiabhay@hotmail.com'

    Hello everybody,

    I was refused student visa under tier 4 from BHC, Nigeria and then I had applied for admin. review. Now I am back in Mumbai, India. And I have received email from BHC, Nigeria to come to their office along with passport for visa issuance process. Now I cant go back to Nigeria as I have left my job there. Though I have sent them email detailing my position, is there any other way I can get visa issuance process done in Mumbai. Does anyone have an idea whether BHC can transfer my case to their Mumbai office?

    Pls help urgently..

  49. susanz21@yahoo.com'
    susanz21@yahoo.com'susana says :

    I’m nearly 5 yrs this 4th of October and want to book an appointment for my Residency on the 1st week of Sept.I am desperate because it’s difficult to get an appointment and they adviced me to do it by post in which I think now is hard as well ,I don’t want this option because it will take time for me to receive the approval ,and also the agony of waiting is very hard in the sense the it will cause you a lot of worries.I need security as laws keeps changing at the moment.How can you help me with my problem to book an appointment to file it personally? I’ve rang Home office many times and with their advice it seems they’re discouraging any personal appointment now.Are we affected by the new law issued recently ? I mean the personal appointment is very difficult compared to my colleagues.They didn’t encountered any difficulty in their application by PA.I would be very grateful for any help or information you can give me regarding this matter and looking forward to hearing from you soon.More power to your company and God Bless us all.

  50. susanz21@yahoo.com'
    susanz21@yahoo.com'susana says :

    I’m nearly 5 yrs this 4th of October and want to book an appointment for my Residency on the 1st week of Sept.I am desperate because it’s difficult to get an appointment and they advised me to do it by post in which I think now is hard as well ,I don’t want this option because it will take time for me to receive the approval ,and also the agony of waiting is very hard in the sense the it will cause you a lot of worries.I need security as laws keeps changing at the moment.How can you help me with my problem to book an appointment to file it personally? I’ve rung Home office many times and with their advise it seems they’re discouraging any personal appointment now.Are we affected by the new law issued recently , I mean the personal appointment is very difficult compared to my colleagues

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