New Tier-4 Visa Application

[Deviser]

Applicant already spent 6 years (2002-2008) in UK on student visa but did not study. Just paid and bought visa extension letters on different course from different colleges but actually do not have any certificate/degree. Applicant does not have any other bad history. He left UK normally in 2008.

All previous colleges, where he studied before, has been closed by now.

Now making a Tier-4 visa application. My questions are:

1.) Does he need to provide any document to support those years already spend in UK to get Tier-4 visa?

2.) Can his application be refused with reason mentioned above (i.e. spent 6 years on student visa but did not have any certificate?

3.) If application can be refused, possibly with what clause? Is there any section exists to refuse Tier-4 visa application, other than general grounds of refusals?

[moongesture]

Applicant already spent 6 years (2002-2008) in UK on student visa but did not study. Just paid and bought visa extension letters on different course from different colleges but actually do not have any certificate/degree. Applicant does not have any other bad history. He left UK normally in 2008.

All previous colleges, where he studied before, has been closed by now.

Now making a Tier-4 visa application. My questions are:

1.) Does he need to provide any document to support those years already spend in UK to get Tier-4 visa?

2.) Can his application be refused with reason mentioned above (i.e. spent 6 years on student visa but did not have any certificate?

3.) If application can be refused, possibly with what clause? Is there any section exists to refuse Tier-4 visa application, other than general grounds of refusals?

It will be either Academic Progression or Intention Test Via Interview he could be refused. I can not see any reason for General Grounds except 320 8(A).

[Deviser]

(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer.

You mean ECO can ask any document which is not related/outside to current Tier-4 application?

Further, under which section ECO can refuse current Tier-4 application with the reason of Academic Progression because as per my understanding, Tier-4 application can only be refused under General Grounds of Refusal and I am unable to see anything related to Academic Progression in General Grounds of Refusal.

Can anybody please correct me? Or have any information/understanding?

[Greenie]

You can be refused if the eco is not satisfied that you are a genuine student.

You can be refused if the sponsor doesn't state that you are making academic progression on your Cas.

You can be refused if you have reached the 5 year limit on degree level study or the 3 year limit on below degree level study.

[moongesture]

(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer.

You mean ECO can ask any document which is not related/outside to current Tier-4 application?

Further, under which section ECO can refuse current Tier-4 application with the reason of Academic Progression because as per my understanding, Tier-4 application can only be refused under General Grounds of Refusal and I am unable to see anything related to Academic Progression in General Grounds of Refusal.

Can anybody please correct me? Or have any information/understanding?

3208(a) Covers only document or information "Material" to application as in this case the applicant spend many years in the UK he could be asked to prove his legitimate stay in the UK (ref to Part 6of VAF9). I had a case study regarding refusal of a T4 application even when CAS did state that the student was making academic progression, ECO went one step forward and asked the candidate to provide his academic history and then got his CAS withdrawn from sponsor.

[Deviser]

You can be refused if the eco is not satisfied that you are a genuine student.

You can be refused if the sponsor doesn't state that you are making academic progression on your Cas.

You can be refused if you have reached the 5 year limit on degree level study or the 3 year limit on below degree level study.

Is it comes under 320 i.e. General Grounds of Refusal? I mean if ECO will refuse application with above reason what will be the refusal clause as per immigration law.

[Deviser]

3208(a) Covers only document or information "Material" to application as in this case the applicant spend many years in the UK he could be asked to prove his legitimate stay in the UK (ref to Part 6of VAF9). I had a case study regarding refusal of a T4 application even when CAS did state that the student was making academic progression, ECO went one step forward and asked the candidate to provide his academic history and then got his CAS withdrawn from sponsor.

Applicant has all documents like certificate/diplomas which covers the period he spend, but all colleges has been closed who issued those certificate and diplomas. He spend 3 years on a Business Management course (MBA+Thesis) with an american university (never recognized by UK NARIC but visas provided by Home Office without any hassel) and 2.5 years on Diploma in IT with a local college in London. Applicant got all the proofs.

Do you think those documents will be legally cover the period spent in UK before as per scenario?

[Deviser]

Any sugessions?