Student visa refused - please help

[Nezu]

Hello everyone. My student visa was refused. Here is my brief student visa history:

1. Jul/2001 - June/2002 (1 year)
Professional accounting course (foundation level) - imcomplete

2. Sep/2002 - June/2004 (2 years)
Accounting technician course (All levels) - reached highest level

3. Sep/2004 - Dec/2006 (2.5 years)
Professional accounting course (intermmediate level) - incomplete

4. May/2007 - present
DMS/MBA degree course. Making a very good progress so far.

The reason of refusal
1. Your college (DMS/MBA) is not included on dfes
- their mistake. It is included.

2. You did not make any progress on the professional accounting course
- At the time of visa renewal, I explained the reason why I could not make a good progress, then, it was accepted before.

3. You will not be able to follow the proposed course of study
- I already have a very good result on my current, proposed course of study.

4. You are utilising your study to stay in the UK. You have no intention to leave this country after your study.
- I have a lot of obligation in my country, so I have to go back.

I studied all the accounting subject in the same college and had excellent attendance record all the time. I changed the college to do the current degree course and also have a very good attendance.
I have a letter from my doctor that I had a health problem at that time and a letter from my previous college mentioning my sickness and my mother's health problem during my course.
My hearing is scheduled early-January. Is there anything else I can do before hearing? I also would like your opinion if my case is worth going to appeal.. Do I have any chance of success, or more likely to be dismissed..? If the case is dismissed, can I still apply from my country as a new fresh application, or is it going to be difficult?

Thank you for your advice and opinions about this. I appreciate everybody's help. Anyway, I wish all of you a Very Happy New Year!

[aka189]

Honestly, you need to see a professional immigration expert.

Your case is very complecated and it just can not be handled by you alone and you need to have an expert by your side.

But looking at the refusal reasons, I think you have 50-50 chance of win as Homeoffice are very strict nowadays regarding satisfactory progress in last course of study for which the leave was granted. And you spent 2.5 years for that accounting course and still you couldn't manage to finish that course, so that's the negative point on your side.

Better speak to some OISC registered consultant. You can also ask Victoria for some help if you want.

[Nezu]

aka, Thank you for your quick response

I actually have a solicitor. He told me to collect all the documents which can show the reason I could not make satisfactory progress (e.g. doctors letter, college letter, etc.). He sent all the documents to the barrister and waiting for his review and decide if I should go to appeal or not.

My solicitor never says anything if my case is strong or weak.. and due to the holiday period, the response from the barrister is so slow.. it really makes me worry so much...
That's why I came to this board because it seems people here know a lot about immigration. I don't want to rely on just one single solicitor.

so.. you think my chance is 50/50.. I actually thought the same myself. In fact, one of my friends who was doing the same course (ACCA) was also recently refused for the same reason. ACCA is a very tough difficult course. I hope the judge will take that fact into consideration.. I attempted the exams every time (June & December every year) and kept failing just because of 2-3 marks short every time.

I still want to know if my case is dismissed, can I still apply from my country? The reason I was refused is because of ACCA unsatisfactory result, so, if I just want to continue the current degree course which I am already doing well, could it be possible to be accepted in my country? My solicitor says it might be difficult, but I would like to have other members' opinion and if anyone has the similer experience, please advise me, thanks!

[aka189]

The home office guidance shows that ACCA should be finished in 3-4 years if you do it full-time. So it just makes home office stronger that you didn't pass a single paper in 2.5 years. You are saying that you were ill, but arguing illness is not a good idea after all were you ill for 2.5 years???

The homeoffice and in fact the AIT only see how many papers have you passed.

You can definitely apply from homecountry but once you got rejected in country it's difficult to convince ECOs in home country so you may have to face AIT again in the future.

[Nezu]

Thanks again for your reply.

In 2005, I was in a bad health condition. I did not pass any exams whole 2005 for that reason, then, my visa renewal was accepted due to my illness. I passed one exam in June 2006 and my visa renewal was again accepted in Nov/06 as I passed one exam. However, my mother was very ill and I lost my motivation to study, then, I failed Dec/2006 exam. After that, I switched my course to the current degree course, then, eventually I was refused.

If I would like to apply from my home country, do you think it's better not to go to appeal? If I just withdraw my appeal and go back home and apply, will I have a better chance to be accepted?

Thanks for your advice!

[aka189]

I think it is highly unlikely that your visa application from homecountry will succeed. So be prepared for appeal as well from home country.

You have been on student visa for six years now, so that will also have an adverse impact on your application.

Just seek some professional help. And try to apply for any other visa catagory if you can.

[Nezu]

Hi aka,
Thank you so much for your advice. Your opinion is really helpful for me.
I will see what the barrister will say about my case. Anyway, I'm already ready to go to the court hearing. Wish me a luck
Thanks again!