need urgent advice

[sagill]

hi me ali ,i need urgent advice from my seniors as i am in deep trouble,i tell situation in short .i done master in hr from uni.after that i decided to do acca i communicated a uni ,after completing all formalities like docs provisional offer etc i paid fee to uni.i maintained reduce fund as i was thinking dat i hv an established presence as i hv done my master all my assignsments dissertation cleared,i was not asked for resit in any paper.nothing was wrong with my study.but the new uni refused to issue me a CAS cos i hv less fund.I HAD maintained reduce maintenance fund supposing that my programme is complete.they demand me completion certificate from uni as i had submitted provisional result sheet of master in for issuance of CAS .
since that day my last day of visa expiray so i applied without cas to maintain my legal status.i write a note with my application and write down every thing about my CAS ISSUE.
nest day when i asked my uni to give me completion letter they give me following reply;
'
Thank you for your email. I have spoken with my manager with regards to your situation and unfortunately we cannot give you a letter that confirms you have been awarded your MA Management. As your results aren’t finalised until March, we cannot say that you will be awarded your degree for definite as all of your grades have to go through the board before being finalised. We could get our student services department to issue you a letter that would confirm your study dates and would say that your results are going to be finalised at the next Award board in March. Please let me know if this would be ok?
now what i should do so that i can continue my study as a legal student?
i can see any person if someone want so.
pls give any advice asap.
regards

[bruteforce]

If your University cannot issue you letter confirming the degree has been awarded that means that you do not have established presence so therefore you cannot rely on reduced maintenance. If your intended course starts more than 1 month after your current leave expires then you cannot apply from within the UK. You must leave the UK & apply from your home country. Read the policy guidance for more help.

[Greenie]

in order to have establish presence, you don't need to have successfully completed a course (i.e. have been awarded the qualification) if you have completed the course, then this is sufficient (i.e. results can be pending). The Home Office don't even usually ask for evidence that the qualification has been completed/awarded - they would rely on reports from the previous sponsor that the qualification was not completed. It sounds to me like your new tier 4 sponsor is being particularly strict about CAS issuance. I would consider trying to speak to a manager there.

[sagill]

thanks greenie lot,uni is not listening to me even they r not ready to talk me on this matter,i had submitted even completion certificate now but they are saying that now your visa is expired so we cannot issue u CAS now.
pls can u help me to tell how i can build pressure on uni to issue a CAS?
There are any one in govt sector or private who can help in building pressure on uni?any govt or non govt agency, NGOs who can help getting CAS from uni?
if i could not able to get CAS at any cost what should i do to study here in legal status?
how i can manage my application submitted to home office?
regards

[Olasunkanmi]

@ sagil, when did you submit your fresh application without a CAS letter?

[sagill]

my visa was expirng 0n 26 jan 2014 and submitted online on tha same day

[shaq1]

By reading all your posts I really feel sorry for you. Your first problem is most of the educational institute would not issue you a CAS if you do not have valid visa. No matter whether you sent your application on time or not. And second thing is it would not be possible to create pressure on them because they are following UKBA's policy in this matter.

What I can suggest is to request a refund from the University if they cant admit you and issue you a CAS. Your application will be refused as you have not send it with a valid CAS, but they will give you time to make a fresh application by that time your result should be published also. You can make a fresh application. As it would be a fresh application so you can't show reduced maintenance fund at that time. Contact some lawyer from now on as you will need him at that time.

May be some other experienced member of this forum can give you some other solution but I can't see any other solution than this one.

[Olasunkanmi]

my visa was expirng 0n 26 jan 2014 and submitted online on tha same day

Have you try some other schools to see if they can issue you a CAS letter so you can then send in a fresh application to VARY your present application. But pending the time you find a better solution, you can delay the date of your biometric enrolment so as to have more time to find a solution. Your application wont be treated until you have given your biometric details. Also chech your bank to confirm if payment has been taken from you and this will give you some relief that you are still not an overstayer.

[sagill]

thanks lot every one for providing me advice.now the situation is following
i got CAS from another institute and submitted to ukba,
now i am worry abt maintenance fund whether i need full or reduced?
I refresh the situation for ur information.
i applied in due time without CAS ,got CAS after expiring visa.now which maintenance fund i need ?reduced or maximum ???
thanks

[bruteforce]

You do not have established presence.

[sagill]

i got course completion letter from uni n had submitted to ukba

[shaq1]

If in your CAS the new institute have mentioned that you completed the course and you have a course completion letter then you do not have to worry about reduced maintenance fund. Assuming your scenario they might show your progress as they have to explain as well why they are issuing you a CAS in a same level course. Ask the College or University whether they have mentioned it clearly or not.

[sagill]

new institute wrote very clearly abt completion of previous course n reason to assign 7 nqf on CAS.pls clear me abt fund?

[shaq1]

As I have mentioned before you have the course completion letter from the Uni and your new institute have (according to you) mentioned about your course completion you can show reduced maintenance.

[sagill]

hi,
thanks all for providing me assistance my visa is extended.i need one more advice if a uni cheat any student ,student can take any legal action against uni? what action and which tribunal he should go against uni? pls guide me in detail.
thanks

[Greenie]

in what way have you been cheated? Do you mean by the university who refused to issue you a CAS?

[sagill]

yes

[IND]

Hi All,

My wife and I have been here in the UK under PSW visa since 2012, I was her dependent.

15 days ago, she applied for Tier4 through LSBF for CIMA (level 7) and got the visa for 3 years. I did apply at the same time with her to move to Tier4 dependent category.

For my surprise, UKBA issued the VISA for my wife and rejected my application on the basis of 319c (1). This is a shocking decision taken by UKBA visa officer who included contradictory statements on the refusal letter. ("You made a combine application on xx/xx/xx with "so and so" for leave to remain in the UK as a Dependent Partner of a PBS Migrant and for BRP. An official has considered your application on behalf of the Secretary of State.

...........under refusal decision visa officer mentioned " You applied as a Dependent Partner of xx, who is not included i[/b]n this application and is not a government sponsored student. Your partner is studying CIMA level7 for 32 months at LSBF who are not a Higher Education Institute. Therefore the Secretary of state not satisfied that you meet the requirements of rules to be granted leave to remain as the Dependent Partner of a PBS Migrant"

As we had visa left till 20/04 under PSW category, they have not given me any appeal rights and I am stuck in a deadlock situation.

CAN ANY ONE PLEASE HELP... WHAT SHOULD I DO..... by reading the letter I understand that they have made an error saying that I did not apply at the same time, which i evidently did and filled our the online application 100% correctly.

I made the full payment to LSBF and now no chance of getting the refund as my wife got the visa.

Her course is due to start in April , can she apply to another CAS with HEI (Higher Education Institute)? as LSBF is just a HTS

As both of us in different categories now , (Me -PSW dependent , wife - T4 student), can we go ahead and pay to another university and apply as a fresh application (both together) within UK?

We have been here since 2009 as a family and had been no issues/ or refusals, I have been under dependent visa since 2012 and wanted to be the dependent, it was just a matter of switching from PSW to T4, it seems now UKBA wants me to leave the UK leaving my wife here , Is this really a good decision ....?

much appreciated your valuable thoughts /any one's experience on this, please help. Do I have a case to fight for.....

Many thanks

[Olasunkanmi]

@ IND, the problem with your case is that you applied as a dependant on your wife according to the new rule which state that dependant wont get visa if the main applicant is not studying at an public funded HEI except if the dependant have previously been on dependant visa prior to the change. But in your case, you switched as your wife PSW visa dependant after the changes in the rule, so you are not covered according to the old rule.

Your option will be to switch over to another category or your wife can change to a public funded HEI school.

Did your wife get any right to work through LSBF?

Also since your wife is no more on PSW visa, your present PSW dependant visa is no more valid and you are expected to switched over immediately to another category or you can apply for JR. You also have the option of sending a reconsideration letter to HO so as not to become an overstayer as your present visa is technically not valid anymore.

[geordie]

the problem with your case is that you applied as a dependant on your wife according to the new rule which state that dependant wont get visa if the main applicant is not studying at an public funded HEI except if the dependant have previously been on dependant visa prior to the change. But in your case, you switched as your wife PSW visa dependant after the changes in the rule, so you are not covered according to the old rule

Hi Olasunkanmi,

Would you please elaborate this a little more ?

In this case the OP was already PSW dependant, and before PSW, he was Tier 4 dependant since 2009. Does it not count towards previously granted leave as dependant ?

2nd: I dont want to highjack someone else's post but am in similar situation so asking for myself in the same post.

Am here since 2005 and my wife joined me in 2006 as student dependant. She is my dependant since then. I was on PSW at last grant then applied for Tier 1 ent but varied my application to Tier 4 before any decision on Tier 1 application. My proposed course is level 7 and institute is HTS not HEI.
question is do my dependants qualify as previously granted visa as dependant or fall for refusal ?

Thanks for help

[Greenie]

the problem with your case is that you applied as a dependant on your wife according to the new rule which state that dependant wont get visa if the main applicant is not studying at an public funded HEI except if the dependant have previously been on dependant visa prior to the change. But in your case, you switched as your wife PSW visa dependant after the changes in the rule, so you are not covered according to the old rule

Hi Olasunkanmi,

Would you please elaborate this a little more ?

In this case the OP was already PSW dependant, and before PSW, he was Tier 4 dependant since 2009. Does it not count towards previously granted leave as dependant ?

2nd: I dont want to highjack someone else's post but am in similar situation so asking for myself in the same post.

Am here since 2005 and my wife joined me in 2006 as student dependant. She is my dependant since then. I was on PSW at last grant then applied for Tier 1 ent but varied my application to Tier 4 before any decision on Tier 1 application. My proposed course is level 7 and institute is HTS not HEI.
question is do my dependants qualify as previously granted visa as dependant or fall for refusal ?

Thanks for help

this post and the post from IND are completely irrelevant to the OP's query, which is still ongoing (his thread was about getting a CAS from a university and nothing to do with dependents). Please start your own thread or continue or continue here http://www.immigrationboards.com/uk-tie ... l#p1013686

[Greenie]

hi,
thanks all for providing me assistance my visa is extended.i need one more advice if a uni cheat any student ,student can take any legal action against uni? what action and which tribunal he should go against uni? pls guide me in detail.
thanks

There is no tribunal. I would suggest first following the university's complaints procedure in the first instance. Whether a university can issue you a CAS is down to their discretion so I am not sure you can say that they have 'cheated' you, and I am not sure what remedy you are after?