Tier 4 refusal

Hi everyone , I have a question please if anybody can explain me, I applied for tier 4 application on 22nd of step my existing visa is valid till 30th of Oct. I have been sent refusal of my application and my existing visa is still valid . Does section 3c applies on my condition or not ,? Refusal is due to five year cap because my previous visa was for 3 year and 5 month and current course is for 19 month that why UKBA has refused my application ,. Please if any one can advice me on this ? And I have sent my appeal on 16th of Oct what is my status in Uk now?

No Section 3c doesnot apply on you because you get refused

I am surprised that you have a right of appeal as you still have existing leave. Did the refusal letter give you
ppeal rights if not your appeal will be refused.
As for 5 year cap refusals - unless your Dr Who you cant win.

Frontier Mole wrote:I am surprised that you have a right of appeal as you still have existing leave. Did the refusal letter give you
ppeal rights if not your appeal will be refused.
As for 5 year cap refusals - unless your Dr Who you cant win.

I think he didn't get appeal right

section 3c only applies when u apply (in-time) and at the time of decision your visa already expires.

Hi, I have been given appeal right my question is , what is status and I have already made appeal , OISC consultant at university has suggested me to leave the country and make a fresh application from back , she said my period in Uk will count as overstayer . Is that correct ? Could anyone please explain me

hi

you are on 3D and the university will say that cuz they don't want anything to do with refusal of your visa it lowers the credibility of the uni. If you have put in an appeal wait till its heard. Seniors please correct me if i am wrong

Hope you filled in your appeal ,, as friday is the last day.

You will have lawful right and section 3c until appeal is decided.

Vikki
Can I suggest you get a letter from the Uni stating they will not withdraw the CAS. There is a trend at the moment where Uni's are "suggesting" that refused students go home and reapply and if that "offer" is not taken up they withdraw the CAS.
On what basis are you appealing? If your total term times when added is one day more than 5 years the refusal is correct. Are you saying your previous time as a student has been miscalculated?

Hi , yeah they have miscalculated my 5 years cap period plus main point is that my previous visa which will expire in 30th Oct, was granted for 3 years and 5 month , but my degree was finished in 3 years which was informed to ukba and they did , nt curtail my visa , I am appealing on this point , that's why I was confirming my status , I have read section 3c conditions which does not apply if application has been decided before expiring of existing leave , could anyone please explain this point about my current status , does it count as overstayer or section 3 c applies on my case ,. Thanks to everyone for helping .

3c will come into force once your current leave expires as you have an in time appeal in the system. In essence because you have current valid leave 3c does not apply until you no longer have leave.
You will not be an overstayer will your appeal is being dealt with.

In regards your study time to date- did you do a pre sessional course prior to starting your degree. That is normally the reason for beyond three years initial leave being granted.

Hi...
I went to UK last year on tier 4 general student visa for phd including EAP course at Lancaster University. I started on 2 September 2013 but withdrew PhD on 5 February 2014 because the project did not suit me. At that time, I wished to change the course subject at another University but the course would be started in September 2014 and the Gap from February to September 2014 was long for me to stay as fix by Home Office for International student to stay before the course start date. I also talked with student department of the Home Office on telephone in February 2014 and obeyed the UK immigration rule and advice to come back my Home Country (Pakistan) on 13 March 2014 subject to maintain good immigration history and applied freshly for NQF level 7 in Public Health at another University UK from Pakistan but my Visa refused two times due to saying invalid CAS and awarded 0 points for CAS. In first refusal ECO stated: ‘you are proposing to undertake a different course at a lower academic level at a different university and your new sponsor has failed to detail this on my CAS and represents academic progression from your previous studies in the UK therefore I am not satisfied that your CAS is valid.
University issued me new CAS written as the student withdrew PhD because that was too advanced and therefore now academically progressing at LOWER Level but again ECO refuse my Visa by saying that you can not move at lower level you can just move at same level or on above level.
Now I have sent administrative review request in which I have written one the rule of UK immigration stating that academic progression means that if Tier 4 student completes level 5 of study and now move onto level 6 of study and then i said thjat I had not completed even one year of my PhD and withdrew from there therefore I am eligible to do level 7 study.
Can you please tell the chances of my review? What is the possibilities of the decision?
Thanks

Viki123, you don't normally have a right of appeal if you still have extant leave. I would be concerned that your appeal may be considered invalid. Are you certain you have a right of appeal ?

@review

You will not be allowed to undertake any level below Phd as that was your previous level of study. You can not go backwards under the student progression guidance. You would be allowed to study for a PhD in another subject as that is it.
It does not matter that you did not complete your previous course.
The review will not be successful and in essence you are being misguided by the Uni that is given you the CAS for a level 7 course.

Many thanks for response.
But it is in UK visas and immigration (Tier 4 Guidance point based system) version 10/14 that for Academic progression Tier 4 general student would complete NQF level 5 of study and then moves onto NQF level 6'. While, I have not completed even one year of PhD.

Can you please tell me also that if I applied for PhD again in another subject at another university, will get admission and CAS in future and then apply for Tier 4 general student visa again, Will they accept and grant me or then they would say that why you had not completed and withdrew last time or apply any other objection?

O my GOD i am disappointed why I withdrew last time.....I did all in rush due to bad behavior of supervisor

I have even submitted half of my advance tuition fee and wasted money on two times apply for visa.
Beyond everything my whole year is wasted

What should i do? what you suggest, which is the save and secure way for me??
I am so worried about my future

You will be allowed to go for another PhD course that will not be a problem.
Progression is neither dependent on completion nor passing. It is implied in the guidance but not actually stated. What is clear is that regression down the NQF levels is not acceptable.

Hi, Thanks for advice and helping.
Hope I get PhD admission this time.
After two times of entry clearance refusal and administrative review will my case seems to be a week next time when i apply or they can say that i am just trying to enter UK.
Will result of review effect my application for next time or it will be the smooth process.
One more thing please, I have sent review request, Can they put any other objection or just refuse this one again?

Assuming AR will not grant a visa. So a new application is made for PhD study.
It will come down to the interview more than likely.
The why are you doing PhD is a fairly easy answer as you have been down that route already.
They will ask why you applied for level 7 course, you will need to explain that. If they think your answer is credible then you have a chance.
They will focus on why you did not complete your PhD so you need to prepare a good answer for that- personality clash with supervisor is what to say maybe.

Hello everyone...
I am facing problem in PhD admission. At that time everyone said that it will be the smooth and easy process but its all opposite now.
Just one university has replied me and now they are asking for statement in which I have to satisfy them that how my new proposed PhD course in Public Health is complementary to my previous leftover PhD course in Biomedical and Life sciences?
I do not what its exactly means that and what I answer them to convince for giving me admission
Can some one help me for best of their knowledge?

Dear Sir,

I have got UK student visa refusal today. I got 40 points but they think that i am not a genuine student. i need your help.
i am looking forward to hearing you. i need your help.


ECO comment:

Your CA8 states that you will study for an Access to Higher Education Diploma (Computing)
Level 3 at Uxbridge College. On 06/11/2014 you were interviewed at the Dhaka VAC (via VTC).
Paragraph 245ZV(k) of the Immigration Rules states that the Entry Clearance Officer must be
satisfied that the applicant is a genuine student. I am not satisfied that you meet the
requirements of Paragraph 245ZV(k) for the following reasons:

e I note that you last studied for a Diploma in Engineering and Computer Technology in 2012.
When asked what you have been doing since 2012 you stated that you have been helping out
with your father’s business. When asked why you wished to resume your studies now you
stated that education was very important and that you wanted to be successful. If education is
so important to you it is unclear why you have not pursued any further studies before now.
You stated that you were working for your father’s business and that you supported the
business for a year while he was sick. However, this does not explain why you did not pursue
any further studies or undertake relevant work experience in your field of interest. This leads
me to doubt your underlying intentions and reasons for studying in the UK.

a You were asked about your study options in Bangladesh. You stated that you had researched
the options in Bangladesh, but preferred to study in the UK because the education system is
more practical and the colleges are world class and highly recognised. When asked to list the
practical components of your course you stated that there will be presentations, assignments.
group studies, lectures and exams. I am not satisfied that you have demonstrated that
courses of this kind are not available in Bangladesh. I am also not satisfied that you have
demonstrated that you could not gain a good education and pursue a career with an
education from Bangladesh. You stated that you chose Uxbridge College because it is
Government funded with a grade 1 rating, reasonable tuition fees, good facilities and course
provision. I find your response generic and vague; the factors you have noted apply to many
other colleges in the UK. I am not satisfied that you have provided full and robust reasons for
choosing Uxbridge. When asked if you had researched other colleges or universities in the
UK you said that you looked at Imperial College. However, when pressed on this you said ‘not
really’. I do not find it credible that someone genuinely intending to spend more than a year of
their life studying in the UK and a significant proportion of funds would not have conducted
more research into the course or other colleges available in Bangladesh and the UK. In light
of the above, I am not satisfied that you are a genuine student.

o All ofthe above factors lead me to doubt your intentions in the UK, and I am not satisfied that
you are going to the UK with the intention of being a genuine student. I am therefore not
satisfied that you meet the requirements of Paragraph 245ZV(k) of the Immigration Rules

Given the above, I have refused your visa application on this occasion because I am not satisfied
that you meet all of the requirements of paragraph 245ZV of the Immigration Rules.

Administrative Review

If you believe that the decision made by the Entry Clearance Officer was Incorrect you may apply
for an Administrative Review of your case. You may request one Administrative Review of this
decision.

Enclosed is a copy of the Administrative Review request notice and guidance on the Administrative
Review process. This request notice and further guidance can also be downloaded from

. . water’

Hi every one,
As i started this topic last year and got really helpfull advice thanks to every one. I did won the appeal this year and started my degree in sep 2015 but homeoffice issued me visa according to the CAS they had (old one) although they knew that i was withdrawn by my uni and my course supposed to finish in 2016 but now it will finish in 2017.
So i have visa until next year. When i recieved my BRP i contacted my uni for advice. And uni said they hav confirmed it with home office that i have to make an visa extension application before my current leave expires and they won't curtail my visa.
Now the problem is new rules about tier 4 cap (5 years) uni contacted me and told me that i won't be able to get a visa extension coz my duration will be more then 5 years after getting the visa extension. As i won my appeal on this time limit miscalculation.

As i told in my previous post im reapeting it again i was issued a visa at undergraduate level for 3 years and 8 months but my degree was finished in exactly 3 years and my current course duration is 1 year 7 months. When i made a appeal the rule was only course duration will be counted and i won the appeal but didn't got correct visa even i mentioned it to judge that please make a note that i was withdrawn from uni and now i am going to start again so home office should give me visa according to new dates and she did mention in my appeal decision.
Please help me with this one. What should i do next. Any question please ask me.

Thanks and Best regards.