Tier 4 Refusal 245ZX(ha) Admin Review

Hi guys,

Just need some advice.

I went to the Home Office in Croydon for my Tier 4 application. They refused my application under 245zx(ha). I was switching back to tier 4 after having spent a year on tier 2. Before getting on the tier 2, I completed a bachelor degree and a masters degree. I can't stay on my tier 2 as I have already resigned when my course started last week. They still gave me back my passport and tier 2 biometric.

I have submitted an administrative review as they did not follow the Secretary of State's Published Policy Guidance on Tier 4 PBS.

I fall under paragraph 125, page 33/34 of the Tier 4 Policy Guidance. My case is exactly the same as the second example (second column) of page 34 of the policy guidance.

I was expecting a credibility interview but nobody interviewed me, and I satisfied the 40 points. I was only given the refusal after a long wait of an hour and a half. When I sought to speak to the 'senior caseworker' I was only told to do the review if I'm not satisfied. At the time of my appointment, the office was nearly empty with only a few officers working. For £1679 of service, I really feel having been robbed!

I will certainly go over the 5 year limit, but I only have a Bachelor degree of 2.5 years, and 1 Masters Degree. It totals to an amount of 4 years 4 months of student visa so far as they counted the 4 months extra on each course.

From paragraph 125 of the PBS Policy Guidance, it states clearly that I should have been allowed to continue my 5th academic year of study. The example there shows 65 months, while mine would have been 68 months had my visa been granted.

My tier 4 sponsor is an HEI and my new course will last another 12 months (NQF7).

What are my chances of getting a positive outcome for the review? Please carefully consider 245zx (ha) of the Immigration Rule and Paragraph 125 (page 33/34) of the Tier 4 PBS Policy Guidance before replying to this post.

Thank you so much for all your help.

As a university student, you get free and specialised immigration advice through your International Student Adviser. Your Tier 4 sponsor has already ascertained that you do not fall foul of the cap, or they would not have issued the CAS, so their International Student Adviser is best placed to advise you on this refusal and on your Admin Review.

You need to notify the sponsor of this refusal anyway, so take the opportunity to get free immigration advice from them too.