Urgent help required many thanks for your help in advance

[shez1330]

Hi all

I am an international student and i have passed my 6 papers so far for ACCA. Now my partner was on Post study visa and he has applied for Tier 1 General (HSMP).Due the college couldnt confirm his documents they ve rejected his application and also cancelled his current leave which was due to finish on may 2010.We are planning to go for appeal as they have given us 1 sept as a deadline for appeal.We have consulted few solicitors and they ve advice us that chances are very less to win a case as college has refuse to provide us more letters.

If my Partner go back to our homecountry and applied for student dependent visa on my basic would this rejectioin will effect ..we have asked about this to solicitors and they have advice that chances will be 50 -50 but he can try..

I will be very greatful if you guys give us suggestion as we cant think any ways right now and very dishearted

Regards

Shez

[vinata]

So, did your partner submit a false certificated when he applied for psw, or his college simply didn't provide a confirmation to the HO?

If he never studied at that college, but submitted certificate from it as a proof of study, then it is a deception and he would not be allowed to apply again within a year time.

However, if he really studied there but the college simply didn't confirm this fact to the HO, then it is a very easy issue and he can certainly win it. He would need to present his assignments, proof of attendance and any marks obtained throught the course of study, and his appeal would be allowed.

But, if he didn't actually study there, there is nothing one can do to help him, and he can only try to apply for student dependant visa after a year time. Moreover, he would have to marry you first before applying for a dependant visa.

[shez1330]

dear Vinita

Thanks for a quick reply.College didnt help at all with this he has got some assigement which he can use when we will make a appeal.With regards to 1 year ban. it doesnt mention on his rejection letter they have mention section 322 (2) also mention that he can make a new application we thought he might be able to apply for dependent.We have been togather for last 4 years bt we havent leave togather ..so no proof of civil partners bt we can certainly get married bt his concern was if he wouldnt get dependent visa we will be apart for atleast 2 years as my studies wouldnt be finish before that

pls guide us through

thanks

[vinata]

Sorry to say that, but if he didn't study in that college, he would not win the appeal. I don't know what the article 322-2 means, but if he used false representation in his past applicaton, he would normaly not be allowed to apply again within 1 year time (on the basis of deception). But you also need to double check that.

As regards switching to student dependant route, you really need to consult a good solicitor. I am not really sure how it works, but believe it is possible provided all the documents are in order.

[shez1330]

Hi Vinita

I have read his rejection letter again and they have put another section and said new application can be made but all new application should be made before current leave expires.I was going through few posts and few posts says that if an appeal has been rejected he may not able to apply for next 5 years bt i m bit confused they ve curtailed his current leave and no mention about ban

bt i will speak solicitors and see what they will say about this

many thanks
again