IS151A after unsuccessful Tier 4 application appeal

sisieko · Post by **sisieko** » Wed Jul 31, 2013 7:21 am

Hello all,
We do need advice urgently and any will be greatly appreciated.
My friend applied for a Tier 4 visa in country in November 2012 to start a PhD programme and was refused in April 2013 for failing to show the correct maintenance funds required. He showed funds as a student with established presence in the UK instead of otherwise as he had previously done his masters programme and graduated in 2011. He was on a Post study work visa when he applied for the Tier 4 visa to do his PhD. His PSW expired on the 13.2.2013.

Anyway, he appealed the refusal decision within 10 days of the decision and the oral hearing took place on July 9th 2013 but unfortunately the appeal was dismissed and was clearly advised that he could re apply in country.

He went back to his university for a CAS number so he could reapply but they refused to hive him a new CAS and advised he returns to his country and reapply from there stating that they will give him a new CAS number when he provides proof that he has returned home e.g proof of boarding pass or copy of stamped passport. They also advised that it will be much quicker to reapply from outside the country than in country.

So he decided to return home and rang the enforcement line number provided on the 23rd of July 2013. He was given an appointment to visit UKBA on the 30th of July and was served with an IS15A form when he got there. He was also advised to pick up his passport at the airport from the immigration officer.
The lady who served the notice stated that he was an overstayer and would be banned from entering the UK for 12 months but this clearly contradicted what his university advised. The university advised that he could return to his country within 28 days after the appeal was dismissed and make a new application.
The reason given on the notice read - 'you have been classed as a person who has stayed beyond his current leave to remain after an unsuccessful Tier 4 application which you appealed and the appeal was dismissed on the 9.7.2013. You exhausted your appeal rights on the 19.7.2013 and have not made any attempt to legalise your stay or leave the country since that date'.

Now this is incorrect as he had several meetings with his university requesting a CAS number and they led him to believe that he still had a 28 day grace period from the 9.7.2013 (date of appeal decision) only to be given this notice.

My question here is what does this mean for him? He has already started the PhD programme and a ban at this time is too much to deal with?
Are they right in serving this notice even if he went to the UKBA voluntarily and requested his passport so he could leave the country before the 28days elapsed?
He was also given a letter allowing temporary leave until the 2.8.2013 when he planned to return home.
Is there anything that can be done?

Please advise as this is very distressing.

Thank you all so much.

Deviser · Post by **Deviser** » Wed Jul 31, 2013 1:42 pm

1.) University should issue you CAS. Once you have been (legally) advised at your oral hearing of appeal that you can re-apply in country, how you can believe on university staff advice to leave the country. I think in your case, fresh Tier-4 application does not require valid visa.

2.) Having several meetings with University staff is not a legal attempt to legalise your stay. Visa provided by Home Office and you did not made any application to HO. Plus HO is not responsible whatever you led to believe by University staff.

3.) Now, if you leave UK, you will be banned for re-entry for 1 year. Plus don't think they will let you enter in UK ever again easily. They will always try their best to reject your every visa application with previous imigration history.

You should contact some good immigration lawyer and discuss your case. I think you can still make fresh Tier-4 application. (But I am not sure you can do this on temporary leave.) Further application ban is not started yet. Ban will start from the date when you will actually leave the country. So there may be a chance to re-apply. You need to confirm it with immigration lawyer.

sisieko · Post by **sisieko** » Wed Jul 31, 2013 1:55 pm

Thanks Deviser for your advice. The university have blantantly refused to issue another CAS. It is also too late to get admission from another university before the 28days elapses.

I know the HO is not responsible for what the university advised but they have made the situation a lot more difficult.

It's quite a tough one.

What exactly is the immigration history? He followed due process and the appeal was dismissed. He was willing to apply again but the university refused to give CAS and he got proof of this in writing.

Does this help a future application?

The university has obviously taken matters into their hands. They can't be challenged in court as the case will be thrown out.

quantum1 · Post by **quantum1** » Wed Jul 31, 2013 2:47 pm

this is a mistake by the home office. He overstayed from 9 July, but ban should only be applied if he overstayed by more than 90 days. He should write to the home office. the IS15A form was issued unlawfully.

sisieko · Post by **sisieko** » Wed Jul 31, 2013 3:39 pm

Thanks quantum1 for your reply.

His flight has already been booked to return on the 2.8.2013 as this was a condition before his passport could be returned. If he decides not to go back after he has been issued with a temporary leave until the 2.8.2013, what are the consequences?

Can the IS151A form be contested while he is outside the country by a Judicial Review or a letter from a UK based solicitor?

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IS151A after unsuccessful Tier 4 application appeal

IS151A after unsuccessful Tier 4 application appeal