Can i re-apply after my appeal had been dismissed

when i first applied for my visa application, i wasnt given because i had no points for both academic and finances
academic reason- i did not produce the certificate i recieved from college that got me a place in the university.
finance- the fund that is available in my sponsor's account is not held up to 28 days and there was no proof that it was meant for my education..

I appealed the decision with the intention of re- applying for my visa and withdrawing the appeal...but during the process of getting the money available in order to pay the school..the appeal decision had been made and was dismissed.
i have half of my fees now available to pay my school and i can make arrangement for the remaining balance through monthly payment.
i want to know if i can make a fresh application for my visa or it is too late[/b]

nice wrote:when i first applied for my visa application, i wasnt given because i had no points for both academic and finances
academic reason- i did not produce the certificate i recieved from college that got me a place in the university.
finance- the fund that is available in my sponsor's account is not held up to 28 days and there was no proof that it was meant for my education..

I appealed the decision with the intention of re- applying for my visa and withdrawing the appeal...but during the process of getting the money available in order to pay the school..the appeal decision had been made and was dismissed.
i have half of my fees now available to pay my school and i can make arrangement for the remaining balance through monthly payment.
i want to know if i can make a fresh application for my visa or it is too late[/b]

You can always make fresh applications as you like and they will be considered on the documents you present with that application.

2. You need to have 1st year feels (FULL) in the account, if you have paid the half the half remaning should be in your account plus the appropriate living expses 5400 for outer london 7200 for inner for 28 days

Did you make the first application from within the UK? On what date was the appeal dismissed and by who (FTTIAC or Upper Tribunal)? If FTTIAC, do you intend to make a further appeal to Upper Tribunal?

sushdmehta wrote:Did you make the first application from within the UK? On what date was the appeal dismissed and by who (FTTIAC or Upper Tribunal)? If FTTIAC, do you intend to make a further appeal to Upper Tribunal?

i made my application from within the UK and the appeal was dismissed by the first tribunal ...i intend to make further appeal to upper tribunal (to see if it can buy me more time to make a fresh application so that i am still staying legally).

currently i am studying in the university and i want to re apply for my visa....my tuition fee is £11000.....i have paid £1000 and i have £5000 to pay now... as a student already in the uk ..will i have to keep the balance of my sch fees and my maintenance funds in my account for 28 days before submitting my application or i dont have to keep it for that long

nice wrote:

sushdmehta wrote:Did you make the first application from within the UK? On what date was the appeal dismissed and by who (FTTIAC or Upper Tribunal)? If FTTIAC, do you intend to make a further appeal to Upper Tribunal?

i made my application from within the UK and the appeal was dismissed by the first tribunal ...i intend to make further appeal to upper tribunal (to see if it can buy me more time to make a fresh application so that i am still staying legally).

currently i am studying in the university and i want to re apply for my visa....my tuition fee is £11000.....i have paid £1000 and i have £5000 to pay now... as a student already in the uk ..will i have to keep the balance of my sch fees and my maintenance funds in my account for 28 days before submitting my application or i dont have to keep it for that long

you can't make a fresh application whilst the appeal is pending. You either have to withdraw the appeal or wait until the appeal is over (either by not apply for permission to appeal to the upper tribunal and then making the fresh application once the deadline to apply for permission to appeal has passed, or by waiting for the result of the application for permission to appeal).

You will have to overstay to make the fresh application which means that if the application is refused again you won't get another appeal and if you have overstayed for more than 28 days by the time they make the decision (which it is likely they will due to the current processing times), then you will be subject to a ban of at least a year on future applications for entry clearance.

Yes you need to have held the funds for 28 days whether you are an established student or not. The only difference with established students is the amount you need for maintenance.

However the rules on established presence have been amended so as to say that the applicant has to have current entry clearance, leave to enter or leave to remain as a Tier 4 migrant (and to have completed a course of at least 6 months or to be continuing on a course on which they have completed 6 months). This means that as you are going to have to overstay to make a further application you will not qualify as an established student and will have to have the maximum amount of maintenance (i.e. for the £800/600 for each month of the course up to a maximum of 9 months for 28 days).

When does your academic year end? If it is soon then you might be better of applying from outside the UK over the summer?

nice wrote:my tuition fee is £11000.....i have paid £1000 and i have £5000 to pay now

If your tuition fee is 11000 and you have only paid £1000 how do you only have £5000 left to pay?

i will have £5000 balance left to pay..after paying the £5000 i currently have

my exams starts in may and will end in june ..
does this mean i cannot make any application in the uk unless i have paid my full fees

and if i wait untill my exams i will be subject to ban

nice wrote:i will have £5000 balance left to pay..after paying the £5000 i currently have

my exams starts in may and will end in june ..
does this mean i cannot make any application in the uk unless i have paid my full fees

and if i wait untill my exams i will be subject to ban

I'm surprised your university is allowing you to continue studying when you have only paid £1000 of your fees so far, and you are close to the end of the academic year.

If you haven't paid your fees then the balance you owe must have been held in your account for at least 28 days, in addition to the money you need to show for maintenance.

If you do not apply for permission to appeal to the UT and remain here for your exams then you risk overstaying for more than 28 days and being subject to a ban. Another option is to make the application for permission to appeal to the UT to make your time here legal as you proposed in your earlier post and then return home to apply from their once your exams are over. When do your exams finish?

Thanks Greenie.

My exams finish on the 16th of June.

If I apply to the UT, your suggestion is I should not reapply but wait until I finish my exams. Then go back to my country and submit a fresh application for second year?

I am able to pay my university £5000 this week and I will have a balance remaining of £5000.
I will pay the balance + depostit for second year fees before the start of second year in Oct.

My query is I am worried how long the UT application process takes, as if the decison is made sooner (before I have sat my exams) then what will be my legal position. How long will I have to stay in the country before I am illegal?

If you are confident that you can meet the rules and make a successful application then you can do so from within the UK, but the risk with this is the fact that if you are refused then by that time you will have overstayed for more than 28 days and therefore will be subject to a one year ban on applications made from outside the UK which is clearly risky when you are only part way through your studies.

If you still owe £5000 in fees when you make the application then you will need this + 9 months of maintenance (£5400 if you are studying in outer london/elsehwere in the UK, £7200 if you are studying inside London). and this has to have been held for 28 days. If you don't have this then applying from within the UK is a big risk. UKBA may also query why you have not paid the fees so far if you have the money available in your account and may then say that the funds are not genuinely available to you, given that you are applying so late in the academic year.

It's not possible to say how long the tribunal process will take from this point as it varies according to how busy the tribunals are etc. If you apply for to the FTT for PTA to the UT and this is refused you can then renew the application directly to the UT - this will buy you more time, possibly until the end of your exams, but possibly not. Once your appeal rights are exhausted then you will become an overstayer. Overstaying for more than 28 days will trigger a ban.