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Need Help with administrative review please

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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

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rose7744
Newly Registered
Posts: 3
Joined: Mon Nov 02, 2009 7:47 am

Need Help with administrative review please

Post by rose7744 » Mon Nov 02, 2009 7:57 am

Hi everyone,

I applied for Tier 1 Post Study visa on 8th Oct 2009. My visa has been refuse from British Embassy in Bangkok on 16th Oct 2009. The reason of refusal was because I overstayed in UK. Its my second time.

You were refused Leave To Remain (LTR) in UK on 17/03/2009 with limited right of appeal as your application was made out of tie. However you failed to leave the UK and become subject to a removal order. You departed the UK on 20/06/2009. Your application has therefore been refused under paragraph 320(7b) for having previously breached the UK’s immigration laws by being an overstaying. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7b) of immigration rules for the following (1) years since you departed the UK (17/03/2009). You therefore do not meet the requirements to be granted entry clearance under Tier 4 (General Student and I refuse your application under paragraph 245x of the immigration Rules


The first time I applied was in UK. My student visa was expired 31st December2008. I sent my application on 29th Dec 2008 to UK Border. A few days later, I got letter and all of my documents from Home Office saying that they couldn’t take a payment from my card. I needed to send a new payment method. I was sure that the card detail was correct.

I resend my visa application again on 12th Jan 2009, as it was during new year, I was away from home. I did not realise that it was count as refresh a new application. So, my visa was out of time.


On 17th March 2009, I got letter and my documents back from Home Office. They said my visa was refuse. Because I did not score for the maintenance funds and I submitted my application after my visa expired. However, they did not give my passports back. I was informed to contact Local Enforcement Office in Great Manchester. I did contact them straight away. Office said they did not receive my passport from UK Border in Sheffield. Officer asked me to call back again next week. I kept calling them every week. They still did not have my passports.

On 6 May 2009, I received the letter from UK Border Agency in Salford M50 2GF (IS15IA Letter) I called them, the officer said I need to book flight and then call them again to book appointment to come into UK Border Office to sign forms. I did as I was advised, so I got my passports at the check-in at the airport.



I need to send administrative review before 13th November 2009. I am not sure if I need to get Immigration Consultant or I can send it by myself. If I send it myself, any chance I will get visa? I dont really want to pay for the solicitor, its quite expensive

Anyone please help xxx

vinata
Member
Posts: 193
Joined: Wed May 20, 2009 1:27 pm

Post by vinata » Tue Nov 03, 2009 11:30 am

My understanding is that you had to leave the UK within 28 callendar days from the receipt of the letter on 6th May 2009, so before 04 June 2009. However, in fact, you left on 20 June 2009, therefore you were treated as an overstayer by the HO.

The administrative review will not give you any positive response for the above reasons. Why didn't you leave on time?

Now you have to wait until after the ban expires and apply again. However, you will also need to make sure that you meet the criteria for psw visa at the time of the new application - maintenance and degree is within 12 month of award. If you cannot satisfy any of those criteria, then you should try to find a suitable job asap and start satisfying the earning criteria for Tier 1 gen, and apply in 12 month for this visa instead of psw.

Good luck

rose7744
Newly Registered
Posts: 3
Joined: Mon Nov 02, 2009 7:47 am

Need Help with administrative review please

Post by rose7744 » Wed Nov 04, 2009 12:15 am

Hi

I wanted to leave as soon as I knew my visa was refused. However, Home Office did not give my passport back to me. They said they forward my doccuments to Local Enforcement Office in Manchester, I needed to contact them.

I rang them straight away, but officer said they did not have my passport yet, office asked me to call back later a week later. I kept trying to call them for my passport, the answers were the same, plus I sent letter to UK Border Agency in Sheffield, but never got replied. A month past, i finally got letter from UK Border Agency in Salfford to contact them for my doccument.

It wasn't my fault being overstayed. :(

rose7744
Newly Registered
Posts: 3
Joined: Mon Nov 02, 2009 7:47 am

I got visa

Post by rose7744 » Fri Jan 15, 2010 5:07 am

From my previous post about my case, I got Post study visa after 28 days submitting my Admin Review.

I am so happy. I arranged to collect my visa on 27th May, because I am visiting my family in American.

I hope everyone good luck too!!

fshhddn
Junior Member
Posts: 62
Joined: Thu Jan 07, 2010 5:54 pm

Post by fshhddn » Fri Jan 15, 2010 8:44 pm

Well done.

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