tier 4 refusal

[KAJI]

Dear friends,

My tier 4 visa was refused. Refusal letter says that I have studied 2 years in below level courses and will spend 4 and 11 years in degree level or above course (past course and this new course). The officer said I will spend 6 years and 11 months in total in below degree and degree level course and refused my visa.

He added below degree level time and degree level time. Even admin review also refused with the same reason. My University says it is wrong decision. the officer can not add below degree level time and degree level time together. Uni is telling we can study 2 years in beloww degree level course and 5 years in degree level.
My study is 2 years in below degree level and 4 years and 11 months in degree level.

Now how can I tell them that their decision is wrong? Can Uni help me to complain Home office.

Please help.

Thanks

[jibon]

Hi KAJI,
yes your uni is right

"Any study below degree level does not count (e.g. if the student studied a Foundation course below degree level with another provider then this Foundation course will not count toward the 5 years)."

I am not surprised that your admin review refused.

Right now You have only option is JR. It will be better to consult with solicitor about your matter. From day of refusal you have to submit your JR, and before JR you have to send Pre-Action protocol to Home office and need to give 14 days times.

Don't waste time. You must continue your study in the university.

[ecaLegal]

Yes, the decision is wrong. Admin reviews are not doing very well at recognising errors, so the failure of the admin review is not a great surprise. The staff are overworked, with very little time to consider applications, so if it is complicated in any way, you are at risk of errors.

You can submit a Pre-action protocol letter (PAP), which explains that you are going to submit a Judicial Review, and gives them 14 days to respond. They may accept the error and grant your visa, but they may not. If they don't accept it, you would have to do a Judicial Review, which is long (perhaps 6 months) and expensive. This wouldn't help you to start your course.

If you send a PAP, and then do not follow up with a Judicial Review, it would make future applications difficult for you, as they know they can just refuse again for the same reason. If you want to follow the JR route, you really do need a lawyer.

Although universities do want you to succeed in your visa application, they are also under threat from he Home office, and their first interest is towards their own sponsor licence. So they do what the Home Office advise them, generally, and the Home Office advises the universities according to their own preference, rather than just the law.

The better option may be to submit a fresh application (if the university will issue another CAS), with a very clear covering statement explaining the important points. The university may be wary of doing this for you, as they may not want to be seen to challenge the Home Office.

If you are confident and able enough to do it yourself, fine, otherwise it would be better to employ an immigration adviser