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please i need your advice about my visa refusal

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

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ommarem
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Location: Egypt

please i need your advice about my visa refusal

Post by ommarem » Sat Jul 10, 2010 12:38 am

I am an Egyptian interior scholarship student I have the right to travel to England to collect scientific material for one year as i sponsored by the ministry of higher education in egypt i submitted papers required (acceptance letter from the prof. in shieffield , a copy of acceptance letter from the univeristy that contain the acceptance for me as scientific visitor for one year,funds letter from the mission department in egypt) and the application type Tier4 for visa but was refused

in the refusal report they said that i have unvalid CAS they give me 0 points

they also give me 10 points for Maintainance (Funds) as i sponsored by the ministry of higher education

also in the report they mentioned:

General grounds for refusal

ECO comment
n/a

does not hold a valid ATAS

ECO comment
n/a

consent from sponsoring government not received

ECO comment
n/a


what does the above statments means and why there is no comment for them?

i have no CAS (as when i send to the university in Sheffield asking for CAS they told me that i do not need it as i will come just for one year not to take a degree) ,

after the refusal i recived the original letter from the univeristy that contain my name and the lenght of my visit is that the letter they want from me ?

is my visa type is wrong?

can i make the appeal and say that i recieved the original letter from the univeristy after the visa refused?

i still in 28 days for appeal how can i do the appeal ?

can i refund the visa fees again as a result of the refusal?
can you tell me what i can do please?


thank you so much

geriatrix
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United Kingdom

Post by geriatrix » Sat Jul 10, 2010 1:07 am

If the purpose of travel isn't to study in the UK (collecting scientific material), then why did you apply for Tier 4 (student) visa?

Tier 4 (student) applications require a CAS.


regards

ommarem
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Posts: 10
Joined: Sat Jul 10, 2010 12:17 am
Location: Egypt

Post by ommarem » Sat Jul 10, 2010 1:25 am

sushdmehta wrote:If the purpose of travel isn't to study in the UK (collecting scientific material), then why did you apply for Tier 4 (student) visa?

Tier 4 (student) applications require a CAS.


regards
as i am a scholarship student and i will travel by the sponsored of ministry of higher education

pennylessinindia
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Posts: 565
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Post by pennylessinindia » Sat Jul 10, 2010 4:33 am

ommarem wrote:
sushdmehta wrote:If the purpose of travel isn't to study in the UK (collecting scientific material), then why did you apply for Tier 4 (student) visa?

Tier 4 (student) applications require a CAS.


regards
as i am a scholarship student and i will travel by the sponsored of ministry of higher education
are you Business visitors: Academic visitors - not sure if this applies to you

"if you wish to come to the UK as an Academic visitor you can do so provided you are either:
a person on sabbatical leave from an overseas academic institution who wishes to make use of their leave to carry out research here (e.g to do research for a book)
NB. Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions - see INF guidance on points-based system Tier 2 or Tier 5.
OR an academic (including doctors) taking part in formal exchange arrangements with United Kingdom counterparts; or
an eminent senior doctor or dentist coming to take part in research, teaching or clinical practice.."
pennyless

ommarem
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Location: Egypt

Post by ommarem » Sat Jul 10, 2010 5:06 am

pennylessinindia wrote:
ommarem wrote:
sushdmehta wrote:If the purpose of travel isn't to study in the UK (collecting scientific material), then why did you apply for Tier 4 (student) visa?

Tier 4 (student) applications require a CAS.


regards
as i am a scholarship student and i will travel by the sponsored of ministry of higher education
are you Business visitors: Academic visitors - not sure if this applies to you

"if you wish to come to the UK as an Academic visitor you can do so provided you are either:
a person on sabbatical leave from an overseas academic institution who wishes to make use of their leave to carry out research here (e.g to do research for a book)
NB. Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions - see INF guidance on points-based system Tier 2 or Tier 5.
OR an academic (including doctors) taking part in formal exchange arrangements with United Kingdom counterparts; or
an eminent senior doctor or dentist coming to take part in research, teaching or clinical practice.."
i am an assistant researcher but i will travel as a part of my scholarship for 1 year but not sabbatical leave

thank you for your replay

pennylessinindia
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Post by pennylessinindia » Sat Jul 10, 2010 1:57 pm

perhaps you need to go back to the college and ask them if they have other persons doing the same thing and under what category they applied and what documents submitted.
http://www.fco.gov.uk/en/about-us/what- ... iver/atas/
might be a useful link - not sure what research you are doing?

Just a thought should you be applying under Tier 5 TIER 5 – GOVERNMENT AUTHORISED EXCHANGE SCHEME
pennyless

ommarem
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Post by ommarem » Sat Jul 10, 2010 3:21 pm

pennylessinindia wrote:perhaps you need to go back to the college and ask them if they have other persons doing the same thing and under what category they applied and what documents submitted.
http://www.fco.gov.uk/en/about-us/what- ... iver/atas/
might be a useful link - not sure what research you are doing?

Just a thought should you be applying under Tier 5 TIER 5 – GOVERNMENT AUTHORISED EXCHANGE SCHEME
i already doing that and asked the university to help me but after they asked me some questions they did not know what can i do and they advice me to go to the embassy directly and i will do that

but the questions i want someone answered me are:

if they in the refusal report that they not satisfied that i have a valid CAS is this mean that i give them CAS but not valid or that mean that i did not give them it ?

there are some statements in the report but after it they write

ECO Comment
N|A

what this mean ?



can i refund my fees again or not?

thank you so much for your interest and your apply i appreciate that


about Tier 5 TIER 5 – GOVERNMENT AUTHORISED EXCHANGE SCHEME[ there is no exchange and i am not going to work i just go for collect data

geriatrix
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Post by geriatrix » Sat Jul 10, 2010 5:38 pm

It isn't yet clear as to what your purpose of travel to UK is! Collecting data .... is, as I understand it, not equivalent to being a student.

Tier 4 (student) entry clearance / visa is for individuals intending to travel to UK to pursue education at certified UK educational institution. Before you can apply for permission to enter or remain in the UK under Tier 4 (General), your education provider must assign a confirmation of acceptance for studies (CAS) to you. This confirms that you have been given an unconditional offer of a place on a course of study with a licensed Tier 4 sponsor.

To answer your immediate queries:
1. CAS has not been provided as one wasn't issued to you by the UK University.
2. Application fees are not refunded.


regards

ommarem
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Post by ommarem » Sat Jul 10, 2010 6:20 pm

sushdmehta wrote:It isn't yet clear as to what your purpose of travel to UK is! Collecting data .... is, as I understand it, not equivalent to being a student.

Tier 4 (student) entry clearance / visa is for individuals intending to travel to UK to pursue education at certified UK educational institution. Before you can apply for permission to enter or remain in the UK under Tier 4 (General), your education provider must assign a confirmation of acceptance for studies (CAS) to you. This confirms that you have been given an unconditional offer of a place on a course of study with a licensed Tier 4 sponsor.

To answer your immediate queries:
1. CAS has not been provided as one wasn't issued to you by the UK University.
2. Application fees are not refunded.

regards

thank you so much for your replay but still i do not know what kind of can i apply? as i am a PhD student and want to travel to collect data for my thesis

still i so confused

thank you so much

geriatrix
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Post by geriatrix » Sat Jul 10, 2010 6:56 pm

I think you fall under academic visitor category. Also read Visitors (INF2) for more information.

All the best.


regards

ommarem
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Post by ommarem » Sat Jul 10, 2010 7:12 pm

sushdmehta wrote:I think you fall under academic visitor category. Also read Visitors (INF2) for more information.

All the best.


regards
i agree with you but still a problem the visitors can stay in the UK for a maximum of six months at any one time but i go for 12 months

the academic visitor is a A person on leave from an overseas academic institution and i am not leave from my research center i just go on my interior scholarship

i know it is a confused situation and really i thank you so much for your replay

geriatrix
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Post by geriatrix » Sun Jul 11, 2010 2:56 am

If you read the information carefully you'll note that academic visitor visa are issued for 12 months ... and not 6 months.


regards

pennylessinindia
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Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Sun Jul 11, 2010 11:20 am

"If they in the refusal report that they not satisfied that i have a valid CAS is this mean that i give them CAS but not valid or that mean that i did not give them it ?"

You are now not very clear do you have a CAS? I thought you said you do not have one, why are you now asking this question?

Th university - will know the correct way to approach this you can not bethe first person doing this .

Tell us exactly what you are planning on doing it is all very vague: You sound like a student who wants to go to the UK to do research. Does your college have some kind of relationship with Sheffield Universiy. Sounds like you need to get a CAS
pennyless

ommarem
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Post by ommarem » Sun Jul 11, 2010 3:46 pm

sushdmehta wrote:If you read the information carefully you'll note that academic visitor visa are issued for 12 months ... and not 6 months.


regards
yes i know all i said is that the academic visitor is a person on sabbatical leave from an overseas academic institution
but i am not sabbatical leave from my research center

thank you for your interest

ommarem
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Post by ommarem » Sun Jul 11, 2010 4:38 pm

pennylessinindia wrote:If they in the refusal report that they not satisfied that i have a valid CAS is this mean that i give them CAS but not valid or that mean that i did not give them it ?"

You are now not very clear do you have a CAS? I thought you said you do not have one, why are you now asking this question?
because some students in there refusal report state that ( the CAS not provided) and i give them just a copy of a univeristy letter but this copy dose not contain any signature and nor the logo of the univeristy as i recieved it just by E-mail as i recieve the original letter that contain signature and univeristy logo after my visa refuse
so i suggest may be this is the problem

pennylessinindia wrote:Th university - will know the correct way to approach this you can not bethe first person doing this .
i send many E-mails to the univeristy and they also did not know how to deal with my problem and the person who responsible about the international students in the univeristy advice me to go to the british embassy here in egypt and i do that but the could not meet any one as this forbidden and also they did not tell me any thing about my refusal report or even how to make a correct application type.
pennylessinindia wrote:Tell us exactly what you are planning on doing it is all very vague: You sound like a student who wants to go to the UK to do research. Does your college have some kind of relationship with Sheffield Universiy. Sounds like you need to get a CAS
no i just get acceptance letter from the prof. in the univeristy and the mission department contact our cultureoffice in london to contact the univeristy and they give me just the letter from the univeristy.

i meet in the embassy someone like my case and also they refuse his visa because he did not have a CAS

the question now and if you kindly replay me is

in my refusal report they said
your application does not attract a full right of appeal under section 82(1) of the nationality, immigration and Asylum Act 2002. your right to appeal is limited to any or all of the grounds referred to in section 84 (1) b) and (c) of the nationality , immigration and Asylum Act 2002 namely:

b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c.74)

c) that the decision is unlawful under section 6 of the unlawful under section 6 of the humen rights act 1998


is that mean thet i can not make appeal or i can make admintrative review request and write on it that the univeristy did not give me CAS and also i recieved the original letter from the univeristy after my visa refused and give them the original letter with the review

as the officer in the embassy said i have no right of appeal


thank you for your help

geriatrix
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Post by geriatrix » Sun Jul 11, 2010 5:53 pm

You cannot appeal. Moreover, your administrative review will not be successful because the onus is on the applicant to to provide all documentary evidence in support of the EC application (CAS being one very important document, amongst others).

Unfortunately, ignorance of the rules or that the University did not provide you with documents that were (mandatorily) required isn't an excuse that you can use to get the decision reversed.

regards

ommarem
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Post by ommarem » Sun Jul 11, 2010 6:03 pm

sushdmehta wrote:You cannot appeal. Moreover, your administrative review will not be successful because the onus is on the applicant to to provide all documentary evidence in support of the EC application (CAS being one very important document, amongst others).

Unfortunately, ignorance of the rules or that the University did not provide you with documents that were (mandatorily) required isn't an excuse that you can use to get the decision reversed.

regards
thank you so much for your replay i appreciate that

and to be honest with you i will make the administrative review request as a final try whose know may be the officer who make the decision of my review will be a blind one and take the wanted decision :roll: :D

pennylessinindia
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Post by pennylessinindia » Mon Jul 12, 2010 1:47 pm

you have still really not shown what you are doing and everything is very vague
A number of people have tried to help but you are not giving any information about what you are really doing
pennyless

ommarem
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Post by ommarem » Mon Jul 12, 2010 2:17 pm

pennylessinindia wrote:you have still really not shown what you are doing and everything is very vague
A number of people have tried to help but you are not giving any information about what you are really doing
i did not understand what you mean by saying ( what you are doing) i told you everything starting from my work as a assistant researcher in national research center and a scholarship student want to go to UK just for collect data for my thesis to the visa refusal
can you explain more?

many thanks

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