Proof of valid leave during period of study in the UK

[Sydney]

Hello People!

My Tier-1 (PSW) visa was refused last week because I was awarded 0 points for Immigration Period in the UK During Period of my studies.

I submitted my passport which show my initial leave to remain but for the remaining time I had Biometric Residence Permit (BRP) This BRP was taken away from me upon my departure from UK and hence now I am unable to provide proof of my entire stay in the UK was whilst I was in possesion of valid leave (at least that is the case workers said in refusal letter)

Does anyone had any suggestions what could I do to proof my entire stay in the UK was legal???

PS: I tried to contact the BRP team but they said they can not help.
PS2: I have got a copy of the BRP card but thought copies are not accepted.

[vinny]

Under these circumstances, a copy of the BRP should be acceptable, as the UKBA had issued it in the first place. Ask the UKBA to certify your copy or apply for a replacement.

One would have thought that they could simply check their records to determine if you were legal or not.

See also Secret policy and fairness.

Ask for a reconsideration.

[Greenie]

Did you apply from inside or outside the UK?

[Sydney]

Hi guys...thanks for reply....I applied from outside UK.

I was thinking to obtain record of my immigration history from UKBA but this takes long time.

I could provide high resolution copies of the BRP but it's still just a copy and might be refused as they state only original documents are accepted.

[Greenie]

Hi guys...thanks for reply....I applied from outside UK.

I was thinking to obtain record of my immigration history from UKBA but this takes long time.

I could provide high resolution copies of the BRP but it's still just a copy and might be refused as they state only original documents are accepted.

in this case you can't possibly provide the original because it has been taken from you by the UKBA themselves. The refusal is ridiculous - they can access the records for themselves.

My advice, given that PSW is closing in April would be to apply for administrative review and make a further application at the same time (as admin reviews can take quite a while).

[Sydney]

thanks again...I think Admin Review might be useless as only documents I provided with the original application would be taken into consideration (at least that's my understanding) and I did not provide the copy of the BRP with my original application.

I told the case worker that the BRP was taken by UKBA upon departure, but got refused anyway. In the refusal letter he/she said they find my claim not credible as they would not take the BRP. (The BRP was valid till 01/11/2011 and I was leaving UK on 31/10/2011).

[Greenie]

Yes but the the ECO has access to UKBA records and therefore should have checked to see whether you had been granted further leave to remain.

there is nothing to lose in applying for AR - it's free -I would do it and make another application - gives you more chances.

Also - don't forget for your new application - you may need to update your bank stmts if they are now more than a month old, if your degree ceremoney has now taken place then you will need your degree certificate (if you didn't already have it) and make sure you declare this refusal.

[vinny]

Did the application ask you to supply proof of your previous legal status in the UK?

[Sydney]

yes, it did. I think it was VAF9 + PSW appendix - one of the is asking for proof of legal status in the Uk during previous period of study in order to award 20 points.

I provided my passports but the BRP was taken away. The ECO claims because I failed to provide the BRP and my claim that it was taken away is not credible - she/he will refuse my application.

(in the application form however it says: to provide your passport or another travel document) - arguable BRP is neither passport nor a travel document.

ECO called me to provide my BRP but I said it was taken. The application was then refused for the reasons I described before.

Considering how to go about submiting my request for Admin Review now.

[vinny]

I think that supplying a photocopy may have been better than nothing. It may then be agruable that a certified copy or original is unnecessary since the UKBA had issued the original. They should easily verify it. Did you inform the ECO that you had a copy?

[Sydney]

Hello again - I did not inform ECO that I had a copy. In any case the ECO did not ask me if I had a copy. He did not inform me either that he now must refuse my application because of this. I did not understand the consequences of not providing my BRP or other related evidence. I thought passport would be enough. I think I have been misled and want to investigate the option of Admin. Review now.

PS: now I am thinking why the ECO did not look at my Police Reg. Certificate. Could this one be used as an evidence of valid leave? I had to go Police station and tell them my visa was extended....

[derlin]

Under these circumstances, a copy of the BRP should be acceptable, as the UKBA had issued it in the first place. Ask the UKBA to certify your copy or apply for a replacement.

One would have thought that they could simply check their records to determine if you were legal or not.

See also Secret policy and fairness.

Ask for a reconsideration.

One would have thought that they could simply check their records to determine if you were legal or not.

I agree with Vinny on this. It is hard to imagine the refusal is because of failure to submit your BRP. Distinction has to be made between refusal on the grounds of failure to submit the BRP card and refusal on the grounds of failure to prove legal entitlement to study. It appears refusal was based on the latter and not the former.

BRP card is a symbolic object, a representation of your entitlement to study. Call it the hardware of your study entitlement. UKBA record should have details of your grant of leave. So if refusal is due to not possessing the physical BRP card, your appeal is easily winnable.

[vinny]

PS: now I am thinking why the ECO did not look at my Police Reg. Certificate. Could this one be used as an evidence of valid leave? I had to go Police station and tell them my visa was extended....

Yes. The police may have written the conditions of your leave. What does it state?

[Sydney]

Hi..some developments since Friday.

1. I have found the original letter which comes with the BRP when they issue one.

2. I contacted the UKBA Team in the UK and they confirmed to me in writing that my BRP was taken away from me upon departure.

In the light of this new information, what do you suggest that I should do going forward? Still submit Admin Review or just fresh application straight away.

(in the original refusal letter the ECO wrote he can not award 20 points to me because my claim that the BRP was taken away from me is not credible) What to do next?

[Greenie]

Hi..some developments since Friday.

1. I have found the original letter which comes with the BRP when they issue one.

2. I contacted the UKBA Team in the UK and they confirmed to me in writing that my BRP was taken away from me upon departure.

In the light of this new information, what do you suggest that I should do going forward? Still submit Admin Review or just fresh application straight away.

(in the original refusal letter the ECO wrote he can not award 20 points to me because my claim that the BRP was taken away from me is not credible) What to do next?

admin review first, if no reply within a few weeks make another application before the PSW scheme closes.