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visa refusal on late submission

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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shah2013
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Joined: Sat Mar 02, 2013 4:37 am

visa refusal on late submission

Post by shah2013 » Sat Mar 02, 2013 1:39 pm

hi I m looking for some help. I have submitted my student visa extension on 10 th of october my visa was expiring on 15th of october .ukba recieved the documents before the expiry and yhey sent me the acknowledgement letter. but unfortunately ukba tried to deduct the fees from my bank account but the entry got declined from yhe bank end .but there was sufficient funds in the account at that time.after 2 months they returned my all documents and asked me to apply again but at that time my visa was already expired.i submitted my documents again with a bank letter in which bank have mentioned that there was enough money in the account for this transaction . and I attached postal orders for yhe payment . I gone through from my bio metricd and yesterday I received my refusal letter and they have ask me to leave the country .and they have retained my passport and have asked md to contact the local enforcement .and thr reason of decline is my bank statement .they are saying that when u have applied again ur visa was expired and u should have attach the statement of 7200 pound.
I am looking for a judicial review bcoz it wasn't my mistake the details I provided was right and there was some problem from bank end .so thars why I used the same 1600 pound statement........
plz looking for some suggestions
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vinny
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Post by vinny » Sat Mar 02, 2013 1:53 pm

Appeal now.
Cite case law.
Last edited by vinny on Sat Mar 02, 2013 1:54 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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quantum1
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Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Sat Mar 02, 2013 1:54 pm

Make sure you know the risks. You have been an overstayer from when they sent the application back for non payment. Its almost 90 days. If you overstay 90 days there will be an automatic 1 year re-entry ban, if your judicial review is unsuccessful. On the other hand you could go home, make an application from there and be back for your studies quickly.
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vinny
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Post by vinny » Sat Mar 02, 2013 2:01 pm

Unless the UKBA can prove that the initial payment problem was your fault, then the initial application should be valid and in-time. Therefore, you should have a right of appeal to the Tribunal.

Click on links for more details.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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shah2013
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Post by shah2013 » Sat Mar 02, 2013 2:57 pm

but they haven't gave me the right to appeal
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vinny
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Post by vinny » Sat Mar 02, 2013 7:11 pm

Did you read the given case law judgment?

Appeal. Cite the case law. Let a Judge decide on whether or not you have the right of appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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shah2013
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Joined: Sat Mar 02, 2013 4:37 am

Post by shah2013 » Sun Mar 03, 2013 4:55 am

if in case I have done some mistake in giving the card details but there was sufficient money in the a/c does this thing goes against me ......
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vinny
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Post by vinny » Sun Mar 03, 2013 5:18 am

If the UKBA can prove that the payment problem was your fault, then the application would be invalid. However, if they didn't keep a copy of your payment details, then they may find this difficult to prove.

Did you keep a copy of the payment details?

I just don't understand why they don't immediately contact the applicant when they have payment problems.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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bruteforce
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Post by bruteforce » Mon Mar 04, 2013 5:37 pm

vinny wrote:
I just don't understand why they don't immediately contact the applicant when they have payment problems.
That may just be the 'cash in hand like' policy of UKBA to keep the so called invalid applications for as long as possible.
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alpha2013
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Posts: 34
Joined: Fri Feb 08, 2013 12:43 am

Post by alpha2013 » Thu Mar 21, 2013 11:41 pm

Just go through a good lawyer its not a big deal if handled by a good solicitor in a good and professional way, u did a mistake u had to sent a full maintaince bank statement.
The lawyer can stop the removal and can get the right of appeal for you by submiting good grounds. the same thing happened to one of my friend and now he got the visa.
Good Luck to U
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