student extension: was refused; appealed: was refused

i would like to know if i am still entitled to stay here in uk legally. i did apply for a student visa extension and submitted it last january 2010 and it was refused. according to the decision there is more than a month gap between the expiry date of my visa which was last february 2010 and the start of my next course which was last april 2010. i did sent an appeal but it was dismissed because it says that it is not within their discretion to decide because my case falls in a technicality in a minor way. the 1st tier tribunal is telling the respondent (home office) that the home office has the power of discretion outside the immigration rules to grant me leave to remain. Enclosed with the decision is an appeal form for the upper tribunal. i did ask help of a private solicitor and what he did is, submit a review letter directly to the home office/ukba stating to review their decision of refusal and to ignore the issue of one month gap since I did met all the requirements. He sent a review letter rather than pursuing a re-appeal to the upper tribunal. i am very concern, since my solicitor didn't follow the basic procedure and didn't pursue the re-appeal because according to him it is useless since it was said in the notice of decision from the 1st tier tribunal that it was not within their discretion to do so, i don't know if i am legally entitled to stay here in uk while waiting for the reply from the home office. Am I still entitled to stay here in uk or not? Tnx....

Hello
im here in same situation.
mine course is going to be start in 16 september 2010 (last course finish 25th may 2010) and mine extention is due on 28 july 2010,but im with old student visa.
could you please some body guide me on this what i need to do?
will my application will be refused as there is more than one month gap in my last course and now?

starsky wrote:i would like to know if i am still entitled to stay here in uk legally. i did apply for a student visa extension and submitted it last january 2010 and it was refused. according to the decision there is more than a month gap between the expiry date of my visa which was last february 2010 and the start of my next course which was last april 2010. i did sent an appeal but it was dismissed because it says that it is not within their discretion to decide because my case falls in a technicality in a minor way. the 1st tier tribunal is telling the respondent (home office) that the home office has the power of discretion outside the immigration rules to grant me leave to remain. Enclosed with the decision is an appeal form for the upper tribunal. i did ask help of a private solicitor and what he did is, submit a review letter directly to the home office/ukba stating to review their decision of refusal and to ignore the issue of one month gap since I did met all the requirements. He sent a review letter rather than pursuing a re-appeal to the upper tribunal. i am very concern, since my solicitor didn't follow the basic procedure and didn't pursue the re-appeal because according to him it is useless since it was said in the notice of decision from the 1st tier tribunal that it was not within their discretion to do so, i don't know if i am legally entitled to stay here in uk while waiting for the reply from the home office. Am I still entitled to stay here in uk or not? Tnx....

If the appeal in 1st Tier tribunal has been dismissed and you do not intend to re-appeal to the Upper Tribunal within the stipulated time, then you will become an illegal alien in this country as soon as the stipulated time to file an appeal expires.



regards

saaj79 wrote:Hello
im here in same situation.
mine course is going to be start in 16 september 2010 (last course finish 25th may 2010) and mine extention is due on 28 july 2010,but im with old student visa.
could you please some body guide me on this what i need to do?
will my application will be refused as there is more than one month gap in my last course and now?

Go home and apply for Tier 4 (student) EC. Simple!


regards

tnx for ur help!

oh by the way sushdmehta... is the review letter my solicitor sent to the home office not a valid reason for me to stay here in uk? he sent it last 18th of may and still we're waiting for the result.. therfore still pending.. but i want to make it clear that it is not an appeal form but only a review letter.. tnx again...

starsky wrote:oh by the way sushdmehta... is the review letter my solicitor sent to the home office not a valid reason for me to stay here in uk? he sent it last 18th of may and still we're waiting for the result.. therfore still pending.. but i want to make it clear that it is not an appeal form but only a review letter.. tnx again...

No.

regards

Your solicitor is arguing on technical grounds but the only way that your stay in UK will be legal is to appeal to the upper tribunal,in that case your stay is legal as you wait for the hearing of your appeal. But becareful with some of these solicitors because some can mess up your case terribly.Once you got your degree why don`t you go back home and apply from there instead of paying solicitor for another appeal.If HO decides not to review your case as your solicitor has done, you would have become overstayer before then and that can have effect for future applications for visa.As I always say do not rely on anyone even solicitors,it is your life so think twice and make a good judgement

olryt.. i do understand.. i did packed my things already.. and im ready to go home next week.. i just need to sort all of my obligations... i am just praying that the immigration officer will not stamp my passport as an overstay person.. thank you all for the help

Dear sir,

this is my first visa extension and i had my biometrics etc. but unfortunately when i sent my case for visa extension that time i had a shortfall of 180 pound in ma bankstatement and home office refused to grant me visa therefore i appealled and tribunal requested me if i can give my father's bankstatement from pakistan and alongwith my Birth certificate and affidavit letter etc...
i made all requirements and provided on hearing date and judge was not happy with my birth certificate az it was in urdu langauage and was not originall ...
now i recvied letter that my case is dismissed ..
I just want to know that can i apply for fresh appeal or reappeal..
plz help..

Dear majidnike

i did not understand why on earth you present Judge in british court your "UDRU" birth certificate!!! You provide all papers in english and Birth cert in urdu How a sensiable man can do that !!

majidnike wrote:Dear sir,

this is my first visa extension and i had my biometrics etc. but unfortunately when i sent my case for visa extension that time i had a shortfall of 180 pound in ma bankstatement and home office refused to grant me visa therefore i appealled and tribunal requested me if i can give my father's bankstatement from pakistan and alongwith my Birth certificate and affidavit letter etc...
i made all requirements and provided on hearing date and judge was not happy with my birth certificate az it was in urdu langauage and was not originall ...
now i recvied letter that my case is dismissed ..
I just want to know that can i apply for fresh appeal or reappeal..
plz help..

if you have been given a chance to appeal to the higher tribunal, then u can do that and stay on legally. If not, then u would have to leave the country in 28 days.