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PLEASE HELP REFUSED UNDER 320 (7B)

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

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mamzy
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PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Sat Feb 14, 2015 9:30 am

Thank you for the wealth of information submitted in this forum.Please may i kindly beseech for you advice in my case:
1) I was awarded a tier 4 visa from 2010-14 under Glasgow Uni sponsorship, i did not registered for the academic year 2013-14 applied to LSBF in Dec instead and was offer a place in Jan however due to their HTS licences being suspended i was deffered for the July/Aug 2014( paid the full tuition fee).In April 2014 I asked for withdrawal from Glasgow Uni i followed up the matter in May and they confirmed to me my student account was active till then( i have proof of this)

2) I thought i should not only depend on LSBF hence applied to Brighton but due to the length of the course( 2years) I could not apply for my visa as was not issued a CAS.

3) On 26th of Sep i received a letter from Glasgow uni confirming my withdrawal and that i had to leave the country ASAP.I did leave on the 30th of Sep 2014( visa expiry date on my pp was 1st Oct 2014)

However when i came back to apply for a top up programme in Sunderland Uni i was refused entrance under 320 (7B) with a re entry ban of 1 year:
i)Overstayed for 9months-how did i overstayed when i did not receive any letter from Glasgow neither HO if my visa was curtailed,HO in their refusal letter stated they file the decision as they could not find my address
ii) Breach a condition attach to my leave-by studying at LSBF (i never studied with them i did get the offer but never was i a registered student nor attended classes)

I did enclose all the proofs and the points above on my admin review however the decision was not overturned.My questions are

Do i have a solid ground for Judicial review or should i wait till the expiry date of the ban and re-apply?

Your thoughts and advice will be greatly appreciated.Thank you all for your time.

Jonmattias
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Jonmattias » Sat Feb 14, 2015 10:52 am

Hi,

You case is complicated just because of LSBF.

you said : i) Overstayed for 9months-how did i overstayed when i did not receive any letter from Glasgow neither HO if my visa was curtailed,HO in their refusal letter stated they file the decision as they could not find my address.

Its your and your educational institute responsibility to update your current living address with UKBA. If you don't update your address with your educational institute, than its your mistake.

As far as LSBF is concerned, you are saying you never studied there, then how come HO got to know that you were there. I believe that u made some mistake which u can't remember now.

Every problem has a solution and to solve a problem there are a lot of options. Just be honest and think that you really want to study in UK or u just want to go and live in uk.

Thanks.

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Sat Feb 14, 2015 11:04 am

Jonmattias wrote:Hi,

You case is complicated just because of LSBF.

you said : i) Overstayed for 9months-how did i overstayed when i did not receive any letter from Glasgow neither HO if my visa was curtailed,HO in their refusal letter stated they file the decision as they could not find my address.

Its your and your educational institute responsibility to update your current living address with UKBA. If you don't update your address with your educational institute, than its your mistake.

As far as LSBF is concerned, you are saying you never studied there, then how come HO got to know that you were there. I believe that u made some mistake which u can't remember now.

Every problem has a solution and to solve a problem there are a lot of options. Just be honest and think that you really want to study in UK or u just want to go and live in uk.

Thanks.

Hey Jonmatis

Thank you for your response.

As far as studying in LSBF is concerned i am 100% honest on not studying with them during my telephone interview with UKVI they asked what action did u take after u asked for withdrwal from Glasgow Uni i told them i vary my stay by applying to study with LSBF( i assume the ECO thought i literally went to class n did the registration however i can get official communication from LSBF that i never study with them)

I really want to study in the UK as i know alot of folks who are paid quiet well in my country as a result of holding a British degree couple with the experience.

Do i have any good grounds for a JR? What happens if i re-apply after the ban exipry date?

Again thank you all for your time.

Jonmattias
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Jonmattias » Sat Feb 14, 2015 11:40 am

they refused you on two points.

Overstayed for nine months

LSBF.

If u go for JR and you can only prove that you were not in LSBF, but 9 months overstay thingy will make less chances to win the case.

Re-apply after ban will make home office extra careful issuing you visa because of your visa history.

in which country are you atm?

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Sun Feb 15, 2015 4:47 pm

Jonmattias wrote:they refused you on two points.

Overstayed for nine months

LSBF.

If u go for JR and you can only prove that you were not in LSBF, but 9 months overstay thingy will make less chances to win the case.

Re-apply after ban will make home office extra careful issuing you visa because of your visa history.

in which country are you atm?
Thanks for your response.Am from SA...if u think JR aint the best way can i logged in fresh application with a help of an immigration solicitors? I mean what options do i have i really need to top up my HND.Will appreciate any advice.Thank u once again

Jonmattias
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Jonmattias » Sun Feb 15, 2015 6:03 pm

SouthAfrica or Saudia Arabia?

I think if u logged a new application would give you more chances to continue your study in Uk. I mostly refer my clients the same.

Cheers.

aaliya1986
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by aaliya1986 » Mon Feb 16, 2015 7:02 pm

Jonmattias wrote:SouthAfrica or Saudia Arabia?

I think if u logged a new application would give you more chances to continue your study in Uk. I mostly refer my clients the same.

Cheers.
your clients! I and offcourse, others would be interested to know about your firm, please be kind enough to share the details.

aaliya1986
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by aaliya1986 » Mon Feb 16, 2015 7:31 pm

mamzy wrote: 1) I was awarded a tier 4 visa from 2010-14 under Glasgow Uni sponsorship, i did not registered for the academic year 2013-14 applied to LSBF in Dec instead and was offer a place in Jan however due to their HTS licences being suspended i was deffered for the July/Aug 2014( paid the full tuition fee).In April 2014 I asked for withdrawal from Glasgow Uni i followed up the matter in May and they confirmed to me my student account was active till then( i have proof of this)

2) I thought i should not only depend on LSBF hence applied to Brighton but due to the length of the course( 2years) I could not apply for my visa as was not issued a CAS.

3) On 26th of Sep i received a letter from Glasgow uni confirming my withdrawal and that i had to leave the country ASAP.I did leave on the 30th of Sep 2014( visa expiry date on my pp was 1st Oct 2014)

However when i came back to apply for a top up programme in Sunderland Uni i was refused entrance under 320 (7B) with a re entry ban of 1 year:
i)Overstayed for 9months-how did i overstayed when i did not receive any letter from Glasgow neither HO if my visa was curtailed,HO in their refusal letter stated they file the decision as they could not find my address
ii) Breach a condition attach to my leave-by studying at LSBF (i never studied with them i did get the offer but never was i a registered student nor attended classes)

I did enclose all the proofs and the points above on my admin review however the decision was not overturned.My questions are

Do i have a solid ground for Judicial review or should i wait till the expiry date of the ban and re-apply?

Your thoughts and advice will be greatly appreciated.Thank you all for your time.

1. you were given a visa from 2010-2014 to study at Glasgow uni,
2. you studied there till 2013, and did not enrol for the 2013-14 academic year. meaning you did not complete the course at Glasgow uni.
3. applied to LSBF for Dec/Jan 2013-14 intake but deferred till Jul/Aug 2014 because sponsor had license problems. (9 months gap after leaving Glasgow Uni and starting at LSBF)
4. April 2014 you asked for withdrawal from Glasgow uni.

The TIER 4 rule which applies to you is:
113. If you are applying to continue your studies in the UK, your new course must start within 28 days of the expiry of your permission to say or, if you have overstayed, within 28 days of when that period of overstaying began.

both of which were not met by you because:

1. 2013 Dec (when you left Glasgow uni and proposed to start studying at LSBF) - Aug 2014 (new start dates by LSBF because of their license problems. = 9months, overstayed, so technically YES, you overstayed!
2. When you left Glasgow uni between Sept - Dec 2013 then why was it in April 2014 that you asked them to withdraw you from the course?
3. Technically, again, when you cease to study at one institution and go to another, you must start within 28 days because once you leave your Current tier 4 sponsor, the visa automatically gets curtailed. you must not wait for any letters from UKBA, because it is you who stopped studying the course. and apply for a new Tier 4 visa to study at the new institution.
4. Glasgow university reporting your case to the Home Office or UKBA is their internal reporting operation and you should not have a say in that, whether they report to the UKBA about you the same day or 1 year later. and in their report they would have mentioned the dates that when you stopped studying with them.

wait until the ban is over and then re-apply. do not go for judicial reviews or appeals as it will not help you because you were at mistake. wait till the time is over and then write a letter to the Entry Clearance Officer with the explanation of why did this happen. this will give you a good chance of getting the visa.
and for those who are telling you to apply for a fresh application are only making your application history worse and showing to the UKVI that you are desperate.

Good luck.

Jonmattias
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Jonmattias » Tue Feb 17, 2015 6:42 pm

Dear aaliya1986,

Thanks, I will send you my office details in private messages.

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Frontier Mole
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Frontier Mole » Thu Feb 19, 2015 9:15 am

You will not be returning to study in the UK anytime soon that is for sure.
Two things mitigate against that.
You have breached your student conditions by failing to enrol for 2013-2014 and at that point have shown that you are not a genuine student. So how can you overcome that point? You can't.
You have about one year left on your 5 year cap so how are you going to get a CAS for one year to complete your degree? Given your failed academic record and attempt to join a very dubious college thereafter not a single decent Uni is going to offer you a place. Sunderland - let me guess they were offering a London campus place in an MBA type conversion course? That is going to ring alarm bells big time.

JR by all means but your chances of success are very low and of course it is very expensive.

Good luck.

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Thu Feb 19, 2015 10:07 am

Frontier Mole wrote:You will not be returning to study in the UK anytime soon that is for sure.
Two things mitigate against that.
You have breached your student conditions by failing to enrol for 2013-2014 and at that point have shown that you are not a genuine student. So how can you overcome that point? You can't.
You have about one year left on your 5 year cap so how are you going to get a CAS for one year to complete your degree? Given your failed academic record and attempt to join a very dubious college thereafter not a single decent Uni is going to offer you a place. Sunderland - let me guess they were offering a London campus place in an MBA type conversion course? That is going to ring alarm bells big time.

JR by all means but your chances of success are very low and of course it is very expensive.

Good luck.

Thank you FM for your response.While i understand my case is very complicated i have decided to apply for a top up degree at other universities( Canada/Austrial) can i return to Uk for my masters degree( prefer UK as i have family there).Can i be offered with a CAS after i explain my entire situation to the university(thinking to join westminster/brunel).Do i have chances of getting the visa( bearing in mind that i had the offer letter for LSBF when i did not enrol for the academic year)

Your response will be greatly appreciated

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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Frontier Mole » Thu Feb 19, 2015 10:19 am

Given your immigration history and the refusal I think it is unlikely you will return to study in the UK.
It will make zero difference explaining the LSBF side of things. You failed to complete your degree end of. The fact you went on to a very dubious college is pointing in the wrong direction as well.

Good luck with applying to Canada and Australia, they will not look at your application favourably given your UK refusal and poor academic progression so if you suceed on either of those you will be doing well.

Not the answers your looking for.

Why did you not enroll for your final year? Glasgow Uni would have been an excellent uni to get your degree from.

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Thu Feb 19, 2015 10:39 am

aaliya1986 wrote:
mamzy wrote: 1. you were given a visa from 2010-2014 to study at Glasgow uni,
2. you studied there till 2013, and did not enrol for the 2013-14 academic year. meaning you did not complete the course at Glasgow uni.
3. applied to LSBF for Dec/Jan 2013-14 intake but deferred till Jul/Aug 2014 because sponsor had license problems. (9 months gap after leaving Glasgow Uni and starting at LSBF)
4. April 2014 you asked for withdrawal from Glasgow uni.

The TIER 4 rule which applies to you is:
113. If you are applying to continue your studies in the UK, your new course must start within 28 days of the expiry of your permission to say or, if you have overstayed, within 28 days of when that period of overstaying began.

both of which were not met by you because:

1. 2013 Dec (when you left Glasgow uni and proposed to start studying at LSBF) - Aug 2014 (new start dates by LSBF because of their license problems. = 9months, overstayed, so technically YES, you overstayed!
2. When you left Glasgow uni between Sept - Dec 2013 then why was it in April 2014 that you asked them to withdraw you from the course?
3. Technically, again, when you cease to study at one institution and go to another, you must start within 28 days because once you leave your Current tier 4 sponsor, the visa automatically gets curtailed. you must not wait for any letters from UKBA, because it is you who stopped studying the course. and apply for a new Tier 4 visa to study at the new institution.
4. Glasgow university reporting your case to the Home Office or UKBA is their internal reporting operation and you should not have a say in that, whether they report to the UKBA about you the same day or 1 year later. and in their report they would have mentioned the dates that when you stopped studying with them.

wait until the ban is over and then re-apply. do not go for judicial reviews or appeals as it will not help you because you were at mistake. wait till the time is over and then write a letter to the Entry Clearance Officer with the explanation of why did this happen. this will give you a good chance of getting the visa.
and for those who are telling you to apply for a fresh application are only making your application history worse and showing to the UKVI that you are desperate.

Good luck.
Thanks aaliyah.I think i will follow up your idea.To answer your question: Yes i did not enrol for the academic year 2013-14 as i had the study offer at LSBF already i discussed the matter with my adviser of studies and thought she has passed on the details to the registry.It was only when LSBF required an official completion letter that i got to know that my withdrawal had not been processed yet. I was about to login my visa application when LSBF HTS licences was suspended and hence deffered for the July/Aug intake.Infact LSBF told me since my visa hasnt expired yet i should wait till Aug when their licences will be reinstated and apply for my visa.As much as i understand that my case is complicated and an honest mistake occured on my end i believe i should be granted a second chance bearing in mind that i have travelled to several places without breaking any immigration law eg canada america europe without any problem whatsoever infact i always come back home during my summer vacations)

Do u think if i explain the whole scenarion to the parties involved will i be issued with a visa?Should i hire an immigration solicitors to handle my case?

Again thank u soo much for your time means lot.

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Thu Feb 19, 2015 10:49 am

Frontier Mole wrote:Given your immigration history and the refusal I think it is unlikely you will return to study in the UK.
It will make zero difference explaining the LSBF side of things. You failed to complete your degree end of. The fact you went on to a very dubious college is pointing in the wrong direction as well.

Good luck with applying to Canada and Australia, they will not look at your application favourably given your UK refusal and poor academic progression so if you suceed on either of those you will be doing well.

Not the answers your looking for.

Why did you not enroll for your final year? Glasgow Uni would have been an excellent uni to get your degree from.

I know but with Glasgow i was refused credit for my third year exams( did a stupidest thing ever entered the exams room with my phone!!!) hence was expected to repeat it n get an ordinary degree rather than an honours i thought of pursuing the BSC Applied Accounting in LSBF( cheaper and its an Hons).Things look really tough on my end .I hope all goes well.Will it be a waste of money if i apply for masters in the UK?

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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Frontier Mole » Thu Feb 19, 2015 11:15 am

You can try and apply for Masters but unless it is a one year course it will not meet the five year cap.
Your history will always stand against you in relation to overstaying and failing to complete your degree.
IMHO it is highly unlikely you will get a visa.

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Frontier Mole
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by Frontier Mole » Thu Feb 19, 2015 11:17 am

On a completely unrelated point LSBF are not a degree awarding body so who was the Uni that was going to offer the actual degree?

mamzy
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by mamzy » Sat Feb 21, 2015 7:04 am

Frontier Mole wrote:On a completely unrelated point LSBF are not a degree awarding body so who was the Uni that was going to offer the actual degree?
Oxford Brookes

aaliya1986
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Re: PLEASE HELP REFUSED UNDER 320 (7B)

Post by aaliya1986 » Mon Feb 23, 2015 6:28 pm

why dont you look for a distance learning MBA course? by this way you will not only save money but you will also save time and in the end you will get a british degree.

this is the most cost effective solution which will not even damage your immigration history further. there are many universities which are offering distance learning courses these days. i would strongly recommend you those.

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