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Student visa refused paragraph 245ZX(ha) please help

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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drt05
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Posts: 1
Joined: Mon Jan 12, 2015 12:45 am

Student visa refused paragraph 245ZX(ha) please help

Post by drt05 » Mon Jan 12, 2015 1:43 am

Dear all,
I came to uk as a student in 2007.My recent leave to remain expired in 14 July 2014.I made an application on 08/07/14 for A TWO yrs course on degree level.I received a refusal on 11 sep 2014 saying that I would exceed more than 5 years in level 7 if the leave to study this course granted.My previous course was for 2 yrs and 11 months.Actually theres been a clerical mistake made by the college in the CAS's course end date which made my 2 yrs course to a 28 months.After seeing the refusal letter college provided me with a letter saying the actual course end date was different than the date in the CAS.They couldn't provide me with a new CAS as they didn't have any.College got suspended on November and its getting revoked soon.Anyways,I put the appeal through as I was given Right to Appeal saying it was college's fault and they have accepted it and provided me with a letter.Hearing took place on 9th of December and unfortunately the judge almost dismissed the case sympathising me as it was not my mistake but he can't do nothing about it.My solicitor received the letter from the tribunal on 05/01/15.He says there is not much left that can be done further.

Now, I am currently living with my girlfriend since June 2014 and she is an EU citizen with a full time job.We dont have a joint bank account,no utility bills on our name as my landlord pays everything.We tried giving the marriage notice but failed as HO has my passport.Non of the registry office would take the notice without a valid passport I guess.I have my birth certificate,certificate of my citizenship and a uk provisional license.In this case what would be the best action to take?what if I appeal against the tribunal decision? Would there be any chances it would be accepted and be heard in the upper tribunal? Or what about a FLRO as I have lived in uk for 8 yrs and we,me and my gf have lived together for 8 months now and would like to get married and spend the life together.What would be the best way to go as I am trying to buy some more time.I have heard FLRO's take longer time to come to an end.Is there any chances I can get my passport back?Please help.I am having to pay the mistake of the college with my life.
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Frontier Mole
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Posts: 4379
Joined: Mon May 05, 2008 11:03 pm

Re: Student visa refused paragraph 245ZX(ha) please help

Post by Frontier Mole » Mon Jan 12, 2015 8:52 am

You will not suceed with an UT appeal, you have zero chance with the 5 year rule as you have been in the UK as a student since 2007.
If you were trying to gain entry to level 7 course at a dubious college after 8 years of being a student I think it is safe to say you are not a genuine student.

So the next option is your EEA marriage. You have picked the single biggest abuse trend in immigration presently. No surprise that you have been refused to give notice. You will have also been reported to UKVI at the same time. Once your appeal rights has been concluded expect an early moring wake up call and lets hope your landlord is very understanding about his front door being smashed off its hinges. On the bright side if you and your girlfriend live together at the address it might not be as bad in that at least she can say good bye before you go to the removal centre. I am being flippant I know but just look at your immigration history. It just shouts I will do anything to remain in the UK and your credibility is just shot to bits.

FLR(O) will get you nowwhere as well. It will be turned around in about six weeks as a refusal. 8 years as a failed student and an EEA girlfriend of 6 months is not going to cut it.

All in all your circumstances all point in one direction and that is not remaining in the UK unless you get married to your EEA girlfriend. You have seen the barriers to achieving that and it will not impove. You will not get your passport back from UKVI until you either get further leave to remain or you are on the plane home.

Good luck with your endeavour.
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