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Explanatory Documents to avoid ECO from making a mistak

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Susan83
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Explanatory Documents to avoid ECO from making a mistak

Post by Susan83 » Wed Aug 17, 2011 6:48 am

I am a US citizen applying from JORDAN.

My visa got refused due to the UKBA officer's lack of understanding of the type of loan I will be on.
I will be on the US DIRECT FEDERAL LOAN. This loan gets approved by the university and the university issues a loan certificate.
The money does not go to my bank account it gets transfered directly from the US treasury to the university and whatever remaining credit balance from the loan is given to me by the university after deducting tuition fees.

The officer refused my application be cause he is not SATISFIED since the money is not in my account for at least 28 days as below quoted:

This letter states that you will receive a loan of $20,397.50USD. The student loan mentioned in the letter you have submitted has not been deposited in your bank account. You need to have the right amount of funds in a bank account for a period of 28 days.

Now I don't know what to do. The money will NEVER be transfered to my account. It always goes straight to the university and many many uk universities support this loan but unfortunately not many people from Jordan go through this process.
If I apply again I will still get refused as long as the person processing my application is not familiar with us government loans and how they operate. I do want to sumit an administrative review but worried it will take way too long.

Any suggestions :(
Please help!
Last edited by Susan83 on Mon Aug 22, 2011 6:16 pm, edited 1 time in total.

vinny
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Post by vinny » Wed Aug 17, 2011 7:46 am

The ECO appears to be mistaken.
Letter from a financial institution confirming a loan wrote:If you are applying from overseas, the loan funds must be available to you before you travel to the UK, unless the loan:
is an academic/student loan from your country's national government; and
will be released to you by your national government or your Tier 4 education provider when you arrive in the UK.
Request an Administrative Review.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Susan83
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Post by Susan83 » Wed Aug 17, 2011 8:58 am

Vinny thank you for your reply.

I know he is mistaken and this is what is annoying me because it is not the first time the University issues such loan certificates to students.

Unfortunately there is no way I can communicate with them, they are not transferring calls, they are not responding to emails, they didn't even enclose a copy of the Administrative notice Request like the Refusal letter states.

I am thinking of having the university issue a letter other than the loan certificate explaining the entire procedure and referencing the paragraph you stated above and enclosing it with the next application I make. Yet I am worried the officer will not take a look at it and refuse my application again.

I don't know how far they can go with the CAS letter to make sure the message is delivered to the officer since again I am applying from Jordan and I doubt they are familiar with governemt loans disbursed after getting accepted.

Any advice? suggestions?

Thank you for your reply I will communicate the supporting paragraph to the university.

vinny
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Post by vinny » Wed Aug 17, 2011 9:08 am

Unfortunately there is no way I can communicate with them, they are not transferring calls, they are not responding to emails, they didn't even enclose a copy of the Administrative notice Request like the Refusal letter states.
vinny wrote:Request
Print out your own form from the given link and send it.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Susan83
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Post by Susan83 » Wed Aug 17, 2011 9:16 am

I did that actually but I don't know where to send it.

The refusal letter says: "The address to send this is on the Administrative Review Request Notice"
But unfortunately it wasn't enclosed in the first place.

Do I just put the address of the Embassy in Jordan?? I am afraid it will be ignored and I will lose time.
They do not allow anyone into the Embassy nor do they allow for enquiries.

vinny
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Post by vinny » Wed Aug 17, 2011 10:02 am

In the absence of further information, perhaps send it by registered mail to the Embassy. Cc everything to the Ambassador, H.E. Mr. Peter Millett. 

Explain the circumstances in a covering letter. Highlight that the Administrative Review form and guidance were also missing. This prevented you from knowing where to send the form.

Keep copies of correspondence and proof of postings.
Last edited by vinny on Wed Aug 17, 2011 10:11 am, edited 2 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Susan83
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Joined: Wed Aug 17, 2011 6:25 am

Post by Susan83 » Wed Aug 17, 2011 10:06 am

Thank you indeed Vinny.
You're very helpful. I will do so soon and even try to deliver it by hand like the Administrative note suggest as one of the delivery options.

vinny
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Post by vinny » Wed Aug 17, 2011 10:16 am

If they accept hand delivery, then also get a dated receipt.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Susan83
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Post by Susan83 » Wed Aug 17, 2011 10:52 am

great advice thanks!

Susan83
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Post by Susan83 » Wed Aug 17, 2011 11:01 am

Vinny one last question just to make sure what I did was correct:

1. My application was a Tier 4 General student visa NOT sponsored (correct?)

2. My loan certificate came through courier from the university I applied to stamped and signed containing my name and other details also the amount I will recieve and the disbursement dates and the name of the loan (William D. Ford Direct Loan) This is the only document I submitted regarding the loan which the University stressed that it is as per UKBA requirements.

Correct? or am I missing anything else?
The remaining amount I needed was shown in my bank statement under my name held in the account for more than 28 days

Susan83
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Joined: Wed Aug 17, 2011 6:25 am

Explanatory Documents to avoid ECO from making a mistak

Post by Susan83 » Mon Aug 22, 2011 6:20 pm

Okay so my visa was refused due to the ECO's lack of knowledge in the type of loan I'm on and assumed it should be in my bank account for 28 days prior to applying where in fact the loan will never be transferred to my account but rather will get transferred directly to the university.

I submitted an AR but this will take ages.

I want to reapply but how can I make sure that the ECO will not commit the same mistake??

Is it possible to highlight the supporting paragraph from the guidelines and submit it with my application?
Any further suggestions?
at the end of the online visa application they ask if there is anything else I would like to add; do I mention the reason for my refusal???

HELPPPPPPPPP I need to get the visa soon :(

vinny
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Post by vinny » Fri Aug 26, 2011 12:00 am

Susan83 wrote:Congratulations!

My visa got refused the first time because the ECO is not familiar with US government loans which get transfered directly to university.
He/she refused me cause the money is not in my account... and it will never be.

No response yet to my AR

Will apply again and refer to their guideliness.... but now being familiar with how incompetant they are I worry.

:(
Susan83 wrote:Two questions:
1. I got refused previously because I am on a US student loan which gets transfered straight to the university while the ECO was expecting to see it in my bank account. Unfortunately I did submit the loan certificate detailing the amounts and disbursemnt dates but I applied in Jordan and I bet the ECO's are not familiar with such loans so they just decided to refuse me and completely ignore the loan certificate.

So now I am wondering if it is ok for my next CAS letter to describes briefly the process like: "William D. Ford loan transfered from US treasurey to University on Date X amount X1 and Date Y amount Y2"??? can I also refer to a paragraph from the guidelines???

2. My CAS letter says "We have assessed this student's English language ability and confirm that it is equivalent to CEFR Level B2 or higher in each of the four components of language learning. No documents are required to be submitted as evidence of this. "

Is it possible that i get refused for not submitting evidence? I am freaking out from the UKBA office in Jordan :(


Any suggestions are welcomed. I am having the university describe exactly how the loan is processed to avoid being refused again for that reason. If you have any other suggestions then please bring them on.

It's a shame that we have to show them how to do their work
Susan83 wrote:Problem:
Refused because ECO not familiar with US LOan and wants to see money in account and money will be transferred directly from US to University.
(US citizen applying from Amman, Jordan)

Now it's a hopeless case with UKBA in Jordan
1. They are NOT understanding the procedure although very well ackhowledged by UKBA
2. Loan certificate submitted according to ukba template
3. They insist that I am missing funds
4. University emailed them they did not respond
5. They don't answer emails although i explained everything and referenced ukba sources (guidelines and website)
6. I am not allowed to take an appointment with anyone
7. I am not allowed to talk to anyone over the phone

Now what??

Please help I need this solved!!!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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