URGENT HELP!! 10 yrs completed after my Student Visa refused

[saazoona79]

I HAVE SERIOUS PROBLEM. I APPLIED FOR STUDENT VISA ON DEC 12 AND JUST GOT REFUSAL LETTER WITH RIGHT OF APPEAL. HOWEVER MY 10 YEARS ALSO JUST COMPLETED.

MY QUESTION IS
CAN I GO FOR APPEAL AND ALSO APPLY FOR INDEFINITE VISA ON 10 YEARS BASIS?
MY APPEAL MAY BE ACCEPTED OR REFUSED AND APPEAL WILL BE PENDING FOR CERTAIN TIME BUT CAN I APPLY FOR INDEFINITE MEANWHILE?

MY REFUSAL LETTER WAS ISSUED ON 25TH FEB 13 AND MY 10 YEARS COMPLETED ON 27TH FEB 13.

URGENT HELP IS REQUIRED.

THANKS

[vinny]

Appeal.

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

[saazoona79]

Hi, thanks for your reply but in my case what can be further grounds?

[vinny]

Further grounds being that you had completed your 10 years?

[vinny]

Hi,
I applied for student visa recently and got rejected on the basis that i had 5 years already on degree level in the past. I did ACCA in 3 years but they have included that too in that 5 yrs cap.
My question is ACCA a degree level course?
as for as i know it is professional certificate.
Please clear this confusion

thanks

Full ACCA (14 papers) is a NQF Level 7 programme so it is an above degree level programme which can be counted towards the 5 year limit. Whether it's a professional qualification is irrelevant. They only look at the course level. On this basis i am afraid they made the correct decision.

Hi,
I have cleared 8 papers from the ACCA (Knowledge and skills) NQF Level-6, couldn't pass the last paper of that level and I have passed only 1 paper from the Professional Level NQF Level-7. In short i haven't completed either of levels.
I still have to pass 1 paper from level 6 to complete level 6 and 2 papers from advance level for level 7.

My question is where does I stand in terms of 5 years cap? does that still apply on me? as I haven't completed my level 6 or level 7 at the moment?
thanks

It doesn't matter that you haven't completed the course. Any time spent studying at degree level or above counts towards you limit regardless of whether you completed the course or not.

Hi, I have recently got a student visa refused on the basis that I have already spent 5 years on degree and that my current course is not in complementing to my course being at the same level. I have challenged it in court. However meanwhile I also completed my 10 years few days ago.

My question is can I apply for Indefinite application while there is a court case going on for tier 4 visa which was recently rejected. my 10 years were completed 10 days after the refusal date on the letter.


your help is highly appreciated.

thanks

[user1507]

hi,
i have a similar question but my situation is slightly different. what does home office look at ? the enrolment letters or the results. ? i was enrolled for ACCA but i actually studied CAT i switched.. does that count that towards my 5 years... i did CAT moved to do my ba hons.. because i got exempted from year one.. so finished that in 2 years.. but now i wanted to do masters..and there is this concern whether it completes my 5 years or not ?