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Applying Tier 4 Student Visa after 4 years (PSW rejected)

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

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farazmustafa
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Applying Tier 4 Student Visa after 4 years (PSW rejected)

Post by farazmustafa » Fri Jul 26, 2013 12:10 pm

Dear Friends,

I was in U.K on a Student Visa between Sep'2006 till Feb'2009

I had filed an application for PSW Visa in Oct'2008, unfortunately the college I was enrolled in was CAMBRIDGE COLLEGE OF LEARNING due to which my application got rejected and my PG Diploma was confiscated by the Home Office. I remember getting a refusal letter from the home office which stated that I am imposed with one year entry ban to U.K and I don't have the refusal letter with me anymore

I left U.K on 26 Feb'2009 while my student visa was still valid i.e. 31'Mar'2009 as I didn't want to overstay and become illegal since I didn't have enough money and energy to fight with Home Office to proof my innocence as I have seen other fellows failing miserably in doing so.

I came back to India and the same year I went to Saudi arabia on employment visa and have worked as an Executive Seceretary for almost 3.5years i.e. from Oct 2009 till Feb''2013

I have recently left my employment and came back to INDIA since I felt that my career isn't taking a leap, so I have decided to take up Masters program and couldn't come across more suitable option than studying in U.K since it offers 1 year program and I get back to employment once I finish my studies. I have saved enough money during my working tenure and I am very much in position to make full fee payment to the university before applying for a visa and also have suffient funds to show towards living expenses. I bear no intention whatsoever in mind to stay in the U.K upon completion f studies since I know the benefit of having a U.K degree in other countries for employment.

My humble request to the advisor that please don't start of accusing me based on the college history, let bygones be bygones and kindly advise if I stand a chance to apply for student visa again after 4 years has lapsed.

My only concern is whether I am eligible to apply for Tier 4 Student Visa having got rejection on PSW application earlier since I remember the ban to be only for one year but whereas UKBA website states that in case of deception / false representation that would automatically be for a period of ten years. I am confused, can any of you experts lend me their advice here?

Many thanks,

Faraz.

EHWLC
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Posts: 5
Joined: Wed Jul 17, 2013 2:00 pm

Re: Applying Tier 4 Student Visa after 4 years (PSW rejected

Post by EHWLC » Tue Jul 30, 2013 2:16 pm

farazmustafa wrote:Dear Friends,

I was in U.K on a Student Visa between Sep'2006 till Feb'2009

I had filed an application for PSW Visa in Oct'2008, unfortunately the college I was enrolled in was CAMBRIDGE COLLEGE OF LEARNING due to which my application got rejected and my PG Diploma was confiscated by the Home Office. I remember getting a refusal letter from the home office which stated that I am imposed with one year entry ban to U.K and I don't have the refusal letter with me anymore

I left U.K on 26 Feb'2009 while my student visa was still valid i.e. 31'Mar'2009 as I didn't want to overstay and become illegal since I didn't have enough money and energy to fight with Home Office to proof my innocence as I have seen other fellows failing miserably in doing so.

I came back to India and the same year I went to Saudi arabia on employment visa and have worked as an Executive Seceretary for almost 3.5years i.e. from Oct 2009 till Feb''2013

I have recently left my employment and came back to INDIA since I felt that my career isn't taking a leap, so I have decided to take up Masters program and couldn't come across more suitable option than studying in U.K since it offers 1 year program and I get back to employment once I finish my studies. I have saved enough money during my working tenure and I am very much in position to make full fee payment to the university before applying for a visa and also have suffient funds to show towards living expenses. I bear no intention whatsoever in mind to stay in the U.K upon completion f studies since I know the benefit of having a U.K degree in other countries for employment.

My humble request to the advisor that please don't start of accusing me based on the college history, let bygones be bygones and kindly advise if I stand a chance to apply for student visa again after 4 years has lapsed.

My only concern is whether I am eligible to apply for Tier 4 Student Visa having got rejection on PSW application earlier since I remember the ban to be only for one year but whereas UKBA website states that in case of deception / false representation that would automatically be for a period of ten years. I am confused, can any of you experts lend me their advice here?

Many thanks,

Faraz.
You know more than anyone else here the visa situation nowadays in India mate. Plus if you choose to go to a decent college/university this time, they will have to check your immigration history and gap between studies etc unless you choose another dodgy one. I think you should opt for Australia where the visa situation is slightly better - just my suggestion.

farazmustafa
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Posts: 4
Joined: Fri Jul 26, 2013 11:31 am

Post by farazmustafa » Tue Jul 30, 2013 2:57 pm

@EHWLC: thanks very much for replying but you haven't actually answered my question. I understand that there are several other countires besides UK but the reason to choose U.K again is due to fimiliarity with the country and cost of education being economical compared to other countries.

Please let me know if I can apply for Tier 4 Visa in my case since I can explain the gaps in my history with sufficient evidence to the UKBA.
I have applied to Uni of Bedfordshire for a Masters program in HR.

Deviser
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Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Re: Applying Tier 4 Student Visa after 4 years (PSW rejected

Post by Deviser » Tue Jul 30, 2013 5:51 pm

farazmustafa wrote:Dear Friends,

I was in U.K on a Student Visa between Sep'2006 till Feb'2009

I had filed an application for PSW Visa in Oct'2008, unfortunately the college I was enrolled in was CAMBRIDGE COLLEGE OF LEARNING due to which my application got rejected and my PG Diploma was confiscated by the Home Office. I remember getting a refusal letter from the home office which stated that I am imposed with one year entry ban to U.K and I don't have the refusal letter with me anymore

I left U.K on 26 Feb'2009 while my student visa was still valid i.e. 31'Mar'2009 as I didn't want to overstay and become illegal since I didn't have enough money and energy to fight with Home Office to proof my innocence as I have seen other fellows failing miserably in doing so.

I came back to India and the same year I went to Saudi arabia on employment visa and have worked as an Executive Seceretary for almost 3.5years i.e. from Oct 2009 till Feb''2013

I have recently left my employment and came back to INDIA since I felt that my career isn't taking a leap, so I have decided to take up Masters program and couldn't come across more suitable option than studying in U.K since it offers 1 year program and I get back to employment once I finish my studies. I have saved enough money during my working tenure and I am very much in position to make full fee payment to the university before applying for a visa and also have suffient funds to show towards living expenses. I bear no intention whatsoever in mind to stay in the U.K upon completion f studies since I know the benefit of having a U.K degree in other countries for employment.

My humble request to the advisor that please don't start of accusing me based on the college history, let bygones be bygones and kindly advise if I stand a chance to apply for student visa again after 4 years has lapsed.

My only concern is whether I am eligible to apply for Tier 4 Student Visa having got rejection on PSW application earlier since I remember the ban to be only for one year but whereas UKBA website states that in case of deception / false representation that would automatically be for a period of ten years. I am confused, can any of you experts lend me their advice here?

Many thanks,

Faraz.
Believe me or not, UKBA will not let you enter in UK at any cost. They will refuse you with 320(11).

320 (11) is a deiscreatonery refusal and actually a life time ban for all immigration offeders especially CCL students. Plus if you apply again and again, they will keep refusing you with 320(11) coz this clause applied on circumstances which cannot be changed (Bygone) and you will end up paying a heavy visa fee and bear a loss of CAS deposit and adminstration fee. etc.

I have personally deal with many CCL cases and not a single student got UK visa again even many of them went to AR/JR but still no luck at all. One applicant applied 4 times and all 4 times he got 320(11) refusal.

UK visa situation for Non.EU students is already poor than ever. UKBA not even provide visas to fresh/normal students and refusing straightforward applications with stupid reason. So getting visa with bad UK immigration history is just immposible. They will just keep you visa fee and provide you 2 page letter against that hefty amount.

Deviser
Senior Member
Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Post by Deviser » Tue Jul 30, 2013 6:53 pm

Plus, did you informed University of Bedfordshire regarding CCL case? Coz I don't think they will even issue you CAS after listening this.

I remember one case in 2011/2012, applicant did not inform their sponsor regarding CCL deception and ban. During procees of visa application, UKBA informed the sponsor and forced them to withdraw their CAS. I don't know exactly what they did but Sponsor withdraw the CAS and UKBA refused application with invalid CAS. When applicant contact sponsor regarding withdraw of CAS, Sponsor replied he actually failure to tell them his immigration history truly so they withdraw his CAS plus will not refund any deposit. I think the sponsor was LCA.

Applicant apply again with another sponsor and this time he informed about everything to get CAS. He was happy that UKBA has to approve his application this time. But he got 320(11) refusal. UKBA can do the same with first application but actually it was a trick to rip him off twice with all visa and CAS expenses.

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Choc-Ice
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Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Post by Choc-Ice » Tue Jul 30, 2013 7:55 pm

Deviser wrote:Plus, did you informed University of Bedfordshire regarding CCL case? Coz I don't think they will even issue you CAS after listening this.

I remember one case in 2011/2012, applicant did not inform their sponsor regarding CCL deception and ban. During procees of visa application, UKBA informed the sponsor and forced them to withdraw their CAS. I don't know exactly what they did but Sponsor withdraw the CAS and UKBA refused application with invalid CAS. When applicant contact sponsor regarding withdraw of CAS, Sponsor replied he actually failure to tell them his immigration history truly so they withdraw his CAS plus will not refund any deposit. I think the sponsor was LCA.

Applicant apply again with another sponsor and this time he informed about everything to get CAS. He was happy that UKBA has to approve his application this time. But he got 320(11) refusal. UKBA can do the same with first application but actually it was a trick to rip him off twice with all visa and CAS expenses.
WHOA! What a scenario! :shock: :shock: I hope the poster is able to learn and save some money from this..Under the current political climate, it will be near impossible to grant him/her an entry clearance..They're already looking for a reason to send immg. offenders already here home not to mention someone who is outside the country.
IMpossible is 2 letters to long!

farazmustafa
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Posts: 4
Joined: Fri Jul 26, 2013 11:31 am

Post by farazmustafa » Wed Jul 31, 2013 1:06 am

@Deviser: The candidate you have mentioned seems to have concealed his immigration history to obtain CAS from the university and may even have done the same while making the visa application which again shows his willingness to use deception to seek entry into UK and having used deception in entry clearance no way the ECO would have considered his next application since it is an automatic refusal now for the next ten years, whereas in my case I did explain the university about my previous history in U.K as mentioned on this forum and I have been very transparent while making my application with the University and they even took my skype interview before issuing the offer letter. If I were to attend the visa interview I would explain the ECO very clearly about my previous immigration and there's no way I would use deception having had 'CCL' history.

Anyhow I haven't paid the fees yet since I was of the same opinion like yours but what do you think if I am honest while making the visa application, will the ECO consider my application or simply refuse to even have a look?

Deviser
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Posts: 594
Joined: Thu Oct 13, 2011 6:14 pm

Post by Deviser » Wed Jul 31, 2013 3:30 am

farazmustafa wrote:@Deviser: The candidate you have mentioned seems to have concealed his immigration history to obtain CAS from the university and may even have done the same while making the visa application which again shows his willingness to use deception to seek entry into UK and having used deception in entry clearance no way the ECO would have considered his next application since it is an automatic refusal now for the next ten years, whereas in my case I did explain the university about my previous history in U.K as mentioned on this forum and I have been very transparent while making my application with the University and they even took my skype interview before issuing the offer letter. If I were to attend the visa interview I would explain the ECO very clearly about my previous immigration and there's no way I would use deception having had 'CCL' history.

Anyhow I haven't paid the fees yet since I was of the same opinion like yours but what do you think if I am honest while making the visa application, will the ECO consider my application or simply refuse to even have a look?
No. They did not use any deception in visa application. The deception refusal is 320 (7B), not 320 (11). 320 (11) relates to immigration offenders who were in breach of their visa conditions / used deception during there previous stay in UK.

I don't think they will bother to judge your honesty now, they will just check your previous history and refuse your application. Plus, I think you don't know the current situation. Home Office is just throughing-off non-EU students from UK. I told you already they are not even providing visas to fresh/normal students and refusing straightforward applications with stupid reason.

Rest, you can try your luck if you have some money and easily bear the expenses/cost of refusal like visa fee + CAS fee + etc.

quantum1
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Post by quantum1 » Wed Jul 31, 2013 2:57 pm

If you are asked to attend an interview it might be difficult. The requirement is to satisfy the case worker that you intend to study.

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